Pre-Solicitation N00173-21-R-NA01.pdf

PRE-SOLICITATION NUMBER N00173-21-R-NA01

1. Action Code: This is a pre-solicitation notice.

2. Date: 29 April 2021

3. Contracting Office Address:

Naval Research Laboratory 4555 Overlook Ave SW Code 3230 Washington, DC 20375

4. Classification Code: A – Research & Development

5. Subject title of this project is: Optical Techniques, Devices and Measurements

6. Solicitation Number: N00173-21-R-NA01

7. Contact Points:

Nathan Carver Michael Reiners Phone: 228-688-4126 202-767-2372 Email: Nathan.Carver@nrlssc.navy.mil Michael.Reiners@nrl.navy.mil

8. PLEASE NOTE: This notice does not constitute a request for proposal, request for quote, or invitation for bid. The intent of this notice is to provide the pre-solicitation notice in accordance with FAR 5.2 – Synopsis of Proposed Contract Action in preparation for the anticipated release of the Request for Proposal (RFP) at a later date. NRL reserves the right to cancel this acquisition at any time.

9. Description: The RFP is planned to be issued in May 2021. The North American Industry Code Standard

(NAICS) is 541715 - Research and Development in the Physical, Engineering, and Life Sciences (except Nanotechnology and Biotechnology) and the annual size standard is 1,000. The planned procurement method is contracting by negotiation. The solicitation utilizes source selection procedures, which require Offerors to submit a non-price proposal that includes past performance, experience information, and a price proposal for evaluation by the Government.

The resulting contract is planned to be a cost-plus-fixed-fee term contract. The contract term will be a base period of 12 months with four (4) 12-month options, or until the maximum not-to-exceed amount is reached, whichever comes first. Only the base period of the contract will offer a minimum guarantee.

Feedback from interested parties is encouraged, however the Government reserves the right to decide if feedback is actionable. Any proposals received in response to this notice will not be reviewed or acknowledged. Any feedback or comments to this pre-solicitation notice should be sent via e-mail to Nathan.Carver@nrlssc.navy.mil by May 14, 2021. Phone calls in response to this notice will not be accepted.

Please refer to Attachment 1 – Statement of Work for an explanation of the requirements.

10. Additional Details:

THIS SOLICITATION WILL BE OFFERED IN ELECTRONIC FORMAT ONLY. NO HARD COPIES

WILL BE PROVIDED. Offerors can view and/or download the RFP and attachments at beta.SAM.gov mailto:Michael.Reiners@nrl.navy.mil mailto:Nathan.Carver@nrlssc.navy.mil

N0017321RNA01

(Contract Opportunities) when the RFP is posted. Interested parties can register under the Interested Parties Vendors list. This will be the only method of amendment distribution; therefore, it is the offeror’s responsibility to check the website periodically for any amendments to the solicitation. Prospective offerors MUST register themselves on the website. Prospective offerors must also be registered with the System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM in order to participate in this procurement.

https://www.sam.gov/portal/public/SAM

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Labor

Hours

Research and Development Efforts

CPFF

The contractor shall provide Research and Development Efforts as specified in Section C.

FOB: Destination

PSC CD: AJ13

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

0002 Each Materials and Equipment Cost

COST

Materials and Equipment Cost

0003 Each Travel, Freight / Shipping, and ODC's

COST

Travel, Freight / Shipping, and ODC's

DD 1423 Form

Data in accordance with Exhibit A (DD Form 1423) Not Separately Priced.

1001 Labor

OPTION Research and Development Efforts

The contractor shall provide Research and Development Efforts as specified in Section C.

1002 Each OPTION Materials and Equipment Cost

COST

Materials and Equipment Cost

1003 Each OPTION Travel, Freight / Shipping, and ODC's

COST

Travel, Freight / Shipping, and ODC's

OPTION DD 1423 Form

2001 Labor

The contractor shall provide Research and Development Efforts as specified in Section C.

2002 Each OPTION Materials and Equipment Cost

COST

Materials and Equipment Cost

2003 Each OPTION Travel, Freight / Shipping, and ODC's

COST

Travel, Freight / Shipping, and ODC's

3001 Labor

The contractor shall provide Research and Development Efforts as specified in Section C.

3002 Each OPTION Materials and Equipment Cost

COST

Materials and Equipment Cost

3003 Each OPTION Travel, Freight / Shipping, and ODC's

COST

Travel, Freight / Shipping, and ODC's

4001 Labor

The contractor shall provide Research and Development Efforts as specified in Section C.

4002 Each OPTION Materials and Equipment Cost

COST

Materials and Equipment Cost

4003 Each OPTION Travel, Freight / Shipping, and ODC's

COST

Travel, Freight / Shipping, and ODC's

Section C - Descriptions and Specifications

DESCRIPTIONS AND SPECIFICATION

SECTION C DESCRIPTIONS AND SPECIFICATIONS

C-1 STATEMENT OF WORK

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

b) The specific work to be carried out shall be further described in orders issued under this contract.

C-2 ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA)

a) The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Naval Research Laboratory via a secure data collection site.

Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom-

Telecommunication (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

b) The contractor is required to completely fill in all required data fields using the following web address https://www.ecmra.mil.

c) Reporting inputs will be for the labor executed during the period of performance, during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://www.ecmra.mil.

C-3 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 this contract 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.

http://www.ecmra.mil/

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 The Contractor shall mark all shipments under this contract in accordance with the addition of ASTM-

D- 3951-90 “Standard Practice for Commercial Packaging” in effect on the date of the contract.

D-3 The Contractor shall comply with FED STD 313 (Symbols for Packages and Containers for

Hazardous Industrial Chemical and Materials) to the extent applicable.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE

SECTION E INSPECTION AND ACCEPTANCE

E-1 INSPECTION AND ACCEPTANCE CLAUSES INCORPORATED BY REFERENCE:

FAR CLAUSE TITLE

52.246-3 Cost-Reimbursement Supply Contracts (MAY 2001)

52.246-8 Inspection of Research and Development – Cost (MAY 2001)

DFARS CLAUSE TITLE

252.246-7000 - Material Inspection and Receiving Report (MAR 2008)

E-2 INSPECTION AND ACCEPTANCE

Inspection and acceptance of the final delivery will be accomplished by the Technical Manager (TM) or 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 30th 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 N/A N/A N/A N/A 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 N/A N/A N/A N/A 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 N/A N/A N/A N/A 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 N/A N/A N/A N/A 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 N/A N/A N/A N/A

Section F - Deliveries or Performance

DELIVERABLES OR PERFORMANCE

SECTION F DELIVERABLES OR PERFORMANCE

F-1 DELIVERIES OR PERFORMANCE CLAUSES INCORPORATED BY REFERENCE:

FAR CLAUSE TITLE

52.242-15 Stop Work Order (AUG 1989) with Alternate I (APR 1984)

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

F-2 PERIOD OF PERFORMANCE

a) The work under this contract (CLIN 0001 through CLIN 0005) shall commence on date of award and be completed no later than 60 months from the Contract Award Date. The “Ship To” address block for each CLIN will be identified at the Delivery/Task Order level.

b) Each delivery order/task order shall specify the period of performance.

c) All deliverables required by each Contract Line Item (CLIN) under each order shall be shipped FOB

Destination to location identified in each task order or by Technical Direction.

F-3 PLACE OF PERFORMANCE

The principal place of performance of this contract shall be at the Naval Research Laboratory, 4555 Overlook Ave SW, Washington, D.C. 20375.

F-4 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).

Receiving Officer Naval Research Laboratory Contract Number N00173-21-F-

ATTN: *

CODE: *

LOCATION: *

Bldg. 49 4555 Overlook Avenue, SW Washington DC 20375-5320

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

1001 N/A N/A N/A N/A

1002 N/A N/A N/A N/A

1003 N/A N/A N/A N/A

1004 N/A N/A N/A N/A

2001 N/A N/A N/A N/A

2002 N/A N/A N/A N/A

2003 N/A N/A N/A N/A

2004 N/A N/A N/A N/A

3001 N/A N/A N/A N/A

3002 N/A N/A N/A N/A

3003 N/A N/A N/A N/A

3004 N/A N/A N/A N/A

4001 N/A N/A N/A N/A

4002 N/A N/A N/A N/A

4003 N/A N/A N/A N/A

4004 N/A N/A N/A N/A

Section G - Contract Administration Data

CONTRACT ADMINISTRATION DATA

SECTION G CONTRACT ADMINISTRATION DATA

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 6 on the Standard Form 26, will expedite administration of the contract and direct inquiries to the appropriate off ice listed below.

(b) The Contract Administration Office (CAO) designated in Block 20A on the Standard Form 26 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: Nathan Carver, Code 1335, (228) 688-4126, Email Address:

Nathan.Carver@nrlssc.navy.mil,

• NRL Competition Craig S. Barton, Code 3200, (202) 767-5227, Email Address:

Advocate craig.barton@nrl.navy.mil.

• Task Order Ombudsman (FAR 16.505(b): DASN(AP), NCAG@navy.mil, 703-614-9600

• 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) Contract administration functions withheld, additional contract administration functions assigned, or special instructions are set forth below: None.

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

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

LIMITATIONS

(a) Dr. Anthony Dandridge is hereby designated as the Contracting Officer's Representative (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 mailto:,%20Code%201335,%20(228)%20688-4126,%20Email%20Address:%20Nathan.Carver@nrlssc.navy.mil, mailto:,%20Code%201335,%20(228)%20688-4126,%20Email%20Address:%20Nathan.Carver@nrlssc.navy.mil, mailto:craig.barton@nrl.navy.mil mailto:NCAG@navy.mil mailto:security-group@nrl.navy.mil mailto:safety@nrl.navy.mil mailto:nrl1030@ccs.nrl.navy.mil.

http://www.nrl.navy.mil/media/public-affairs-office/foia/ 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

(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) Complete and upload a COR Status Report monthly via the CORT Tool in the Procurement Integrated

Enterprise Environment (PIEE), formerly WAWF. The due date for reports will be identified upon COR appointment via the contracting officer.

(9) Attend post award conference, if conducted.

(10) Ensuring a copy of all Government technical correspondence, to include Technical

Direction Memorandums/Guidance, is uploaded to CORT Tool.

(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 DFARS 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.

http://www.cpars.csd.disa.mil/cparsmain.htm

“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 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/

(d) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(e) 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—

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

N/A

(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.

N/A

(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.

(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* http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 https://wawf.eb.mil/

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC N68732 Issue By DoDAAC N00173 Admin DoDAAC N00173 Inspect By DoDAAC N00173 Ship To Code N00173 Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N00173 Service Acceptor (DoDAAC) N00173 Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

(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.

(c) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Donna Dargan; donna.dargan@nrl.navy.mil; 202-767-0547

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

(End of Clause)

DFAR 252.232-7007 – Limitation of Government’s Obligation (APR 2014)

(a) Contract line item(s) [Contracting Officer insert after negotiations] is/are incrementally funded. For this/these item(s), the sum of $ [Contracting Officer insert after negotiations] 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 item(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 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).

mailto:donna.dargen@nrl.navy.mil

(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 a 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 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 paragraphs (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 the 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) and (e) of this clause.

(h) Nothing in this clause affects the right of the Government to terminate 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) $ ________

(End of clause)

6.1 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

6.2 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.

G-4 SUBCONTRACTORS

(a) Advance notification or requests for consent pursuant to the contract clause entitled "Subcontracts"

(FAR 52.244-2) shall be directed to the cognizant administrative contracting officer (ACO).

(b) Paragraph (j) of FAR 52.244-2 is filled in as follows. The following subcontractor have been identified in the

Contractor’s proposal as necessary for performance of this contract and were evaluated during negotiations:

SUBCONTRACTOR ESTIMATED TOTAL COST

G-5 Incremental Funding & Allotment of Funds

Orders issued under this contract may be incrementally funded. Incrementally funded orders will contain a provision substantially as follows:

Pursuant to the Limitation of Funds clause (FAR 52.232-22), the total amount allotted to this task order is $*. The amounts presently available and allotted to this task order for payment of cost and fixed fee and the period covered by these amounts for incrementally funded CLINs is set forth below:

CLIN COST FIXED FEE COST PLUS FIXED FEE

0001 * * * 0002 * * * 0003 * * *

(* - To be completed at time of task order award)

G-6 INFORMATIONAL SUBLINE ITEMS

It is anticipated that the 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-7 PAYMENT INSTRUCTIONS FOR MULTIPLE ACCOUNTING CLASSIFICATION

CITATIONS (COST-REIMBURSEMENT)

In accordance with PGI 204.7108, the Contractor shall submit invoices in accordance with the clause DFARS 252.232-7006.

The Payment Office shall allocate and record the amounts paid to the accounting classification citations in the contract using the table, at the link below, based on the type of payment request submitted and the type of effort.

Https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions.

G-8 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 Sub CLIN,

(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-9 TASK ORDER PROCEDURES FOR INDEFINITE QUANTITY CONTRACTS

The following procedure shall be followed when placing task orders under this contract:

http://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions

(a) Only properly appointed Contracting Officers employed at the Naval Research Laboratory (NRL) shall issue task orders under this contract.

(b) A DD Form 1155 will be issued for each task order. The DD Form 1155, "Order for Supplies or Services", shall constitute the instrument for the placement of requirements under this contract.

(c) Each task order shall be subject to FAR 52.232-20 Limitation of Cost or FAR 52.232-22 Limitation of Funds clause, as appropriate. Each task order is subject to the terms and conditions of the clause in Section H entitled, "Level of Effort Task Orders".

(d) Prior to the issuance of a task order, the contractor will be provided with the statement of work and shall promptly submit a cost proposal for performing the work. The fixed fee shall be in the same proportion to the estimated cost for each task order as the maximum fixed fee is to the maximum estimated cost for the contract as set forth in Section B.

(e) Task orders issued shall include, but not be limited to, the following information:

(1) Date of Order

(2) Contract Number and Task Order Number

(3) Accounting and Appropriation Data

(4) Description of the Work to be Performed

(5) Level of Effort

(6) DD Form 1423 (Contract Data Requirements List)

(7) Place of Performance

(8) Period of Performance

(9) Estimated Cost Plus Fixed Fee

(10) List of Government furnished material and the estimated value thereof for each order.

(f) The ceiling amount for each task order will be the ceiling price stated therein and may not be exceeded except when authorized by a modification to the task order.

G-10 INFORMATION REQUIRED FOR SUBMISSION OF EACH ORDER

(a) The COR assigned in Section G will provide the PCO with a Statement of Work (SOW) and prepare an acquisition package for each order. The PCO shall request that the Contractor provide a proposal in response to the SOW. The PCO will require that the COR will prepare a Technical Analysis report on the Contractors proposal and forward it to the NRL Contracting Division for issuance of the order.

(b) Direct Labor Hours, travel and material costs are subject to negotiation prior to award. In order to fully evaluate each order proposal, the contractor shall provide the following as applicable:

(1) A time phased (hourly) breakdown of direct labor by labor category.

(2) A complete breakdown for travel identifying each cost mode of travel and the reason for the travel proposed.

(3) A complete list of all material including quantity and cost. The contractor shall provide specific documentation to serve as the basis for price verification (i.e., vendor quotations, invoices, published price lists, GSA schedule lists, etc.).

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

SECTION H SPECIAL CONTRACT REQUIREMENTS

H-1 TYPE OF CONTRACT

This is an Indefinite Delivery Indefinite Quantity (IDIQ) type contract with Cost Plus Fixed- Fee Completion Type Orders.

H-2 KEY PERSONNEL

(a) The Contractor agrees to assign to the contract tasks those persons whose resumes were submitted with its proposal and who are necessary to fulfill the requirements of the contract as "key personnel".

No substitutions may be made except in accordance with this clause.

(b) The Contractor understands that during the first ninety (90) days of the contract performance period, no personnel substitutions will be permitted unless these substitutions are unavoidable because of the incumbent's sudden illness, death or termination of employment. In any of these events, the Contractor shall promptly notify the Contracting Officer and provide the information described in paragraph (c) below. After the initial ninety (90) day period the Contractor must submit to the Contracting Officer all proposed substitutions, in writing, at least thirty (30) days in advance (sixty (60) days if security clearance must be obtained) of any proposed substitution and provide the information required by paragraph (c) below.

(c) Any request for substitution must include a detailed explanation of the circumstances necessitating the proposed substitution, a resume for the proposed substitute, and any other information requested by the Contracting Officer. Any proposed substitute must have qualifications equal to or superior to the qualifications of the incumbent. The Contracting Officer or his/her authorized representative will evaluate such requests and promptly notify the Contractor of his/her approval or disapproval thereof.

(d) In the event that any of the identified key personnel cease to perform under the contract and the substitute is disapproved, the contract may be immediately terminated in accordance with the Termination clause of the contract.

The following categories consisting of one full-time-equivalent (FTE) (FTE = 1,920 hrs. /yr.) each are identified as key personnel:

LABOR CATEGORIES FIRST AND LAST NAME

Research Chemist V (Optical / Biosensing Applications)

Research Biologist / Biochemist III (Biosynthesis)

Research Physicist Electrical Engineer IV - Nonlinear Optics / Quantum Optics

(* To be completed at time of award)

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.

http://www.niso.org/

(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. However, the obligation not to use, disclose, release, reproduce or otherwise provide or make available such protected data, or any portion thereof, shall continue, even after completion of the Contract, for so long as required by the terms of any agreement pertaining to the protected data between the Contractor and the source of the protected data, or (in the case of Government information) for so long as required by applicable law and regulation.

Any actual or suspected unauthorized use, disclosure, release, or reproduction of protected data or violation of this agreement, of which the company or any employee is or may become aware, shall be reported promptly (within one business day after discovery and confirmation) to the Contracting Officer’s Representative (COR).

Section I - Contract Clauses

CONTRACT CLAUSES

SECTION I CONTRACT CLAUSES

I-1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

a. FEDERAL ACQUISITION REGULATION CLAUSES

FAR CLAUSE TITLE DATE

52.204-22 Alternative Line Item Proposal (JAN 2017)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

52.210-1 Market Research (APR 2011)

52.215-11 Price Reduction For Defective Cost Or Pricing Data - Modifications (AUG 2011)

52.215-13 Subcontractor Cost Or Pricing Data Modifications (OCT 2010)

52.215-21 Requirements For Cost Or Pricing Data Or Information Other Than Cost or Pricing Data -Modifications

(OCT 2010)

with Alternate III (OCT 1997)

52.222-2 Payment For Overtime Premiums - The Use Of Overtime Is Authorized Under This Contract If The Overtime Premium…