Provisions and Clauses Full-Text Attachment (for Combo Synopsis-Solicitation).pdf

LOCAL CLAUSE LIST OF SPECIAL INSTRUCTIONS

B.1 ACC - APG POINT OF CONTACT

ACC - APG POINT OF CONTACT

The ACC - APG point of contact for this action is:

Contract Specialist: Nicole Hernandez

Telephone Number: (575) 678-4979

E-mail: nicole.g.hernandez2.civ@mail.mil

Contracting Officer Name: Phillip Amador

Telephone Number: (575) 678-3523

E-mail: phillip.j.amador.civ@mail.mil

(End of clause)

B.4 CONTRACTING OFFICER REP

CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The COR appointed to this contract is identified below. See formal letter of appointment for authorized duties/responsibilities.

COR Name: TO BE INCLUDED AT TIME OF AWARD

COR Telephone: (P-2)

COR Email address: (P-3)

B.6 TYPE OF CONTRACT

TYPE OF CONTRACT (Reference: 52.216-1)

This is a hybrid Firm Fixed Price (FFP) and Time and Mterials (T&M) type of contract.

SECTION C

C.1 NON-PERSONAL SERVICES

ARL/ALC/GARRISON NON-PERSONAL SERVICES (JUL 2012)

ACC-APG-ADL-C.5152.237-4400 ARMY RESEARCH LABORATORY NON-PERSONAL SERVICES

The contractor, as an independent contractor and not as an agent of the Government, shall provide the necessary resources (except those furnished by the Government) to accomplish tasks of the type set forth in the Performance

Work Statement.

mailto:nicole.g.hernandez2.civ@mail.mil mailto:phillip.j.amador.civ@mail.mil

Contractor employees performing services under this contract shall be controlled, directed and supervised at all times by management personnel of the contractor. The contractor's management shall ensure that employees properly comply with the performance standards outlined in this Performance Work Statement and as required by the contracting officer or the contracting officer's representative (COR). Contractor employees shall perform independent of and without the supervision of any Government official. Actions of contractor employees may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the U.S. Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee or otherwise violating the prohibitions set forth in Parts

7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government shall control access to the facility and shall perform the inspection and acceptance of completed work and tasks.

SECTION D

D.1 DISTRIBUTION STATEMENT A

DISTRIBUTION STATEMENT A – APPLIES TO THE CONTRACT DOCUMENTATION

Approved for public release; distribution is unlimited.

D.3 DISTRIBUTION STATEMENT C

DISTRIBUTION STATEMENT C – APPLIES TO INFORMATION GENERATED FROM CONTRACT

Distribution authorized to U.S. Government Agencies and their contractors (Administrative or Operational Use) (21

February 2018). Other requests for this document shall be referred to ARL Security Office.

SECTION E

E.1 GOV INSPECTION AND ACCEPTANCE

GOVERNMENT INSPECTION AND ACCEPTANCE

Government Inspection and Acceptance shall be performed at US Army Research Lab by an authorized Government

Representative.

SECTION F

F.1 EXERCISE OF OPTION

EXERCISE OF OPTION

The Contracting Officer may exercise the options contained at CLIN(s) 0004 - 0009 by written modification to the contract prior to expiration.

SECTION G

G.3 PAYMENT OFFICE (BANKCARD)

PAYMENT OFFICE (BANKCARD - INVOICES REQUIRED)

Invoice:

The Contractor shall submit their invoice, via email, to the following address:

usarmy.adelphi.arl.list.bankcard-invoices@mail.mil

The Contractor shall include the contract number and invoice number in the subject line of the email.

The invoice must include all of the following:

1. Name, address, and phone number of the Contractor / Vendor.

2. Invoice date. (The contractor is encouraged to date invoices as close as possible to the date of the mailing or transmission.)

3. Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number.)

4. Include the Contract Line Item number with the associated description, quantity, unit price, and extended price of supplies delivered or services performed.

5. Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms.) Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

6. Name and address of Contractor to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment.)

7. Name (where applicable), title, telephone number, and mailing address of person to be notified in the event of a defective invoice.

8. Name of the cognizant COR listed in the contract.

9. Any other pertinent information or documentation required by the contract (such as evidence of shipment.)

The bankcard invoice processing office will not process partial payments on contracts for supply items where the delivery date is constant. All partial payment schedules must be obtained through the contacting officer with the appropriate clauses included in the contract.

The invoice will be forwarded by the Bankcard Invoice Processing Office personnel to the procuring activity’s

Technical Representative for approval, and then will be paid by bankcard.

Receiving Report:

The Technical Point of Contact (TPOC)/Contracting Officer’s Representative (COR) listed in this contract shall submit a receiving report, via email, to the following address once all supplies/services have been delivered/performed:

usarmy.adelphi.arl.list.bankcard-invoices@mail.mil mailto:usarmy.adelphi.arl.list.bankcard-invoices@mail.mil

The receiving report must include all of the following:

1. Date that the contract deliverables/service was fully completed

2. Contract number or other authorization for supplies delivered or services performed (including order number if applicable)

3. Name, title, telephone number, and mailing address of person submitting the receiving report

4. Name, title, telephone number, and mailing address of Government Acceptor of supplies/services (if different than number #3)

52.252-1, SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR: https://www.acquisition.gov/browse/index/far

DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

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. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR: https://www.acquisition.gov/browse/index/far

DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

252.232-7006, WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS

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.

https://www.acquisition.gov/browse/index/far https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html https://www.acquisition.gov/browse/index/far https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003

(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—

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

Contracting Officer.

(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

(i) For customary progress payments based on costs incurred, submit a progress payment request.

(ii) For performance based payments, submit a performance based payment request.

(iii) 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 HQ0490

Issue By DoDAAC W911QX

Admin DoDAAC** W911QX 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://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

Inspect By DoDAAC W813LT

Ship To Code W813LT

Ship From Code N/A

Mark For Code W813LT

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) N/A

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.

(g) WAWF point of contact.

CCO-EC-ARMY-WAWF-HELPDESK@dfas.mil

Administrative Contracting Officer: phillip.j.amador.civ@mail.mil

Inspector: TO BE FILLED IN AT TIME OF AWARD

Acceptor: TO BE FILLED IN AT TIME OF AWARD

Receiving Office/Ship to POC: TO BE FILLED IN AT TIME OF AWARD

Procurement Contracting Officer: phillip.j.amador.civ@mail.mil

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

TBD At Award

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

G.6 TAX EXEMPTION CERT. (ARL)

TAX EXEMPTION CERTIFICATE (ARL)

Exemption certificate number 30005004 covers exemption from Maryland retail sales and use tax.

The Federal Tax Identification number for the Army Research Laboratory is: 53-0215803.

SECTION H

H.14 T&M or LH COST DETAILS

TIME AND MATERIALS OR LABOR HOUR COST DETAILS

(a) CEILING PRICE - The term "Ceiling Price" as used in the clause entitled, "Payments Under Time and Materials and Labor-Hour Contracts" (FAR 52.232-7), shall mean the cumulative amount of all moneys obligated under this contract. The Government shall not be obligated to pay the Contractor any amount in excess of the ceiling price set forth in Section B, unless and until the Contracting Officer has notified the Contractor in writing that the ceiling price has been increased and has specified in the notice a revised ceiling price for performance under the contract.

(b) TRAVEL - All travel costs associated with this contract will be directly reimbursed at actual cost (see paragraph

(3) below), not to exceed Volume II of the Joint Travel Regulations.

(c) TIME AND MATERIALS RATES

(1) LABOR RATES - Labor rates and categories applicable to this contract are as listed below. The rates include wages, overhead, other indirect costs applicable to wages, G&A Expense and profit.

A. For the period of date of award through (P-1).

LOADED RATE LOADED RATE

LABOR CATEGORY ON CONTRACTOR SITE OFF CONTRACTOR SITE

(P-2)

(2) MATERIAL HANDLING COSTS - All material costs will be reimbursed at actual cost. However, reasonable and allocable material handling costs may also be included in the charge for material to the extent they are

CLEARLY EXCLUDED from the loaded hourly rates.

(3) GENERAL & ADMINISTRATIVE EXPENSE - "Materials and Subcontracts", as allowed pursuant to the clause entitled, "Payments Under Time and Materials and Labor-Hour Contracts" (FAR 52.232-7(b)), shall be considered to mean all Other Direct Costs (ODC’s) applicable to this contract and will be reimbursed at actual cost.

However, General and Administrative Expense (G&A) may also be included in the charge for ODC's (as defined in this paragraph) to the extent they are CLEARLY EXCLUDED from the loaded hourly rates.

Therefore, when in accordance with the Contractor's usual accounting practices consistent with FAR Subpart 31.2, direct materials shall be subject to a Material Handling rate of (P-3)% and ODC's, as defined in paragraph (c)(3) above, shall be subject to a G&A rate of (P-4)%. Indirect rates shall not be subject to renegotiation after the effective date of this contract. Any indirect rates (whether applied to the hourly rates or the ODC's) not identified herein, shall not be an allowable cost under this contract.

H.19 SUPERVISION OF EMPLOYEES

The Contractor's employees shall remain under the Contractor's direct supervision at all times. Although the

Government will issue tasks and coordinate directions within the scope of the contract, detailed instructions for

Contractor employees and supervision of individual workers shall remain the responsibility of the Contractor.

H.20 WORK HOURS

Normal work hours are from 7:45 A.M. through 4:15 P.M, Monday through Friday. Contractors will not be permitted to work on Saturdays, Sundays or legal holidays (or hours/days on which the installation is officially opening late, closing early, or is closed entirely, for any reason, unless otherwise authorized by the Contracting

Officer. Furthermore, if the Contractor chooses to pay its' employees for these days, such costs shall not be charged as a direct expense to this contract. However, Saturdays, Sundays and legal holidays are included in computation of performance of this contract. The following legal holidays will be observed:

January 1st

3rd Monday of January

3rd Monday of February

Last Monday of May

July 4th

1st Monday of September

2nd Monday of October

November 11th

4th Thursday of November

December 25th

When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by U.S.

Government Agencies.

H.21 ID OF CONTRACTOR EMPLOYEES

IDENTIFICATION OF CONTRACTOR EMPLOYEES

All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties, are required to identify themselves as such.

All contractor communications made in writing must clearly identify the author as a contractor employee. In contractor communications made via telephone or email (where it is impossible for the other party to view a contractor badge or know that they are not communicating with another Government employee), the contractor must clearly identify themselves as a contractor employee. All contractor email messages must contain the contractor name in full text.

If using ARL mailroom services, the contractor may utilize ARL office symbols only in combination with their contractor name. All name plates displayed on desks and door openings on Government facilities must also include the contractor’s corporate/business name.

ARL regulations are clear that identification badges shall be prominently worn by all personnel at all times while on Government property.

H.22 GOV’T-CONTRACTOR RELATIONSHIPS

GOVERNMENT-CONTRACTOR RELATIONSHIPS

a. The Government and the contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are non-personal services and the parties recognize and agree that no employer-employee or master-servant relationships exist or will exist under the contract between the Government and the contractor and/or between the Government and the contractor’s employees. It is therefore in the best interest of the Government to afford the parties a full and complete understanding of their respective obligations.

b. Contractor personnel under this contract shall not:

(1) be placed in a position where they are appointed or employed by a Federal Officer, or are under the supervision, direction, or evaluation of a Federal Officer, Military or Civilian.

(2) be placed in a staff or policy making position.

(3) be placed in a position of command, supervision, administration or control over DA Military or

Civilian personnel, or personnel of other contractors, or become a part of the Government organization.

(4) be used for the purpose of avoiding manpower ceilings or other personnel rules and regulations of

DA or the Civil Service Commission.

(5) be used in administration or supervision of military procurement activities.

c. Employee Relationships:

(1) The services to be performed under this contract do not require the contractor or its employees to exercise personal judgment and discretion on behalf of the Government, but rather the contractor’s employees will act and exercise personal judgment and discretion on behalf of the contractor.

(2) Rules, regulations, directions, and requirements which are issued by command authorities under their responsibility for good order, administration, and security are applicable to all personnel who enter the installation, or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control which is inconsistent with a non-personal services contract.

H.23 USE OF GOV’T FACILITIES

AUTHORIZATION TO USE GOVERNMENT FACILITIES

The Government authorizes the use of Government-owned facilities accountable under Contract Number (P-1) in the performance of this contract. These facilities are furnished on a rent-free and non-interference basis.

H.25 REQUIRED INSURANCE COVERAGE

Pursuant to the clause entitled "Insurance - Work on a Government Installation", FAR 52.228-5, or the clause entitled "Insurance - Liability to Third Persons", FAR 52.228-7, the Contractor shall procure and maintain the following kinds of insurance coverage in the amounts herein indicated, throughout the period of performance under this contract.

(a) The Contractor shall comply with the Workmen's Compensation statute of the State(s) where work is to be performed.

(b) Employer's Liability Insurance $ 100,000.00 .

(c) General Liability Insurance (Comprehensive)

(1) Bodily injury $ 500,000.00 per accident

(d) Automobile Liability Insurance (Comprehensive)

(1) Bodily injury $ 200,000.00 per person

$ 500,000.00 per accident

(2) Property damage $ 50,000.00 per accident

H.26 CPARS

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS) RESPONSIBILITIES &

REPORTING

In order to ensure the timely completion of contractor performance reports/assessments within the Contractor

Performance Assessment Reporting System (CPARS), the following individuals are assigned these specific roles within the system:

Assessing Official/(AO) COR or TPOC The AO is responsible for overall program execution and is responsible for preparing, reviewing, signing, and processing the CPAR. The CPAR should be completed not later than 60 calendar days after the end of the evaluation period. AOs are encouraged to discuss contract performance with the contractor during the performance period and CPAR process. The AO must be a Government employee. AOs are responsible for:

• Ensuring that the contract is registered in CPARS

• Input of evaluation information

• Providing a timely and quality narrative “Validate and Send to the Assessing Official”

• Assisting the RO, as necessary

Insert,the information for the COR, PM or other person from the requiring activity responsible for writing the

CPAR/report and rating the contractor’s performance.

Name (fill-in) ____________________________

Title (fill-in) _____________________________

Email (fill-in) ____________________________

Assessing Official (AO)/Contracting Official or PCO AO/PCO responsibility includes:

• Ensuring performance input from program management, technical, functional, quality assurance, contracting and other end users of the product or service is included in the evaluation

• Reviewing evaluation information provided by the AO/CORs

• Validates and sends to the Contractor Representative

• Finalizes the CPAR report after acceptance by the Contractor Representative

Insert name, title, email address for the Contracting Officer/contract specialist responsible to act as a check and balance and review, sign, and send the CPAR/report to the Contractor Representative.

Name (fill-in) ____________________________

Designated Contractor Representative The contractor shall designate representatives to whom the evaluations will be sent automatically and electronically. The name, title, e-mail address and phone number of the designated contractor representative shall be provided to the AO who will, in turn, provide that information to the Activity

CPARS Focal Point for authorization access. Any changes in designated contractor personnel shall be the sole responsibility of the contractor to inform the AO and the Activity CPARS Focal Point. The designated contractor representative has the authority to:

• Receive the Government evaluation from the AO

• Review/comment/return evaluation to AO within 30 calendar days. If the contractor desires a meeting to discuss the CPAR, it must be requested, in writing, no later than seven calendar days from the receipt of the CPAR. This meeting will be held during the contractor’s 30-calendar day review period

• Request RO review

Insert, name title, email address of PM or other person from the contract‘s officer acting as Designated Contractor

Representative and with the responsibility of receiving, reviewing and /or commenting on the reports/assessment.

Name (fill-in) ____________________________

Reviewing Official (RO) The RO provides the check-and-balance when there is disagreement between the AO and the contractor. The RO must review and sign the assessment when the contractor indicates non-concurrence with the

CPAR. The RO must be a Government employee. The RO has the authority to:

• Provide narrative comment (the RO’s comments supplement those provided by the AO; they do not replace the ratings/narratives provided by the AO)

• Sign the CPAR (at this point, it is considered final and is posted in the CPARS AIS and is available for source selection official use in the PPIRS)

Insert, name title, email addresses of Contracting Officer/ Contract Specialist acting as RO and responsible to act as a check and balance for review, sign and send the CPAR/ report to the Contractor Representative.

Name (fill-in) ____________________________

Training for all persons responsible for the preparation and review of performance assessments is available online at https://www.cpars.gov/cpcbtdlf.htm.

Frequency of Reporting

Interim Reports: An interim CPAR is limited to contractor performance occurring after the preceding CPAR. To improve efficiency in preparing the CPAR, it is recommended that the CPAR be completed together with other reviews (e.g., award fee determinations, major program events, program milestones and quality assurance surveillance records).

Interim Reports for New Contracts: An interim CPAR is required for new contracts meeting the thresholds identified in Table 1 that have a period of performance greater than 365 calendar days. The first interim CPAR must reflect evaluation of at least the first 180 calendar days of performance under the contract, and may include up to the first 365 calendar days of performance. For contracts with a period of performance of less than 365 calendar days, see “Final Reports” below.

Annual Interim Reports: Interim CPARs are also required every 12 months throughout the entire period of performance of the contract up to the final report. An interim CPAR is also required:

• Upon a significant change within the agency, provided that a minimum of six months of performance has occurred, such as: Change in program or project management responsibility or Transfer of contract, BPA, or BOA order to a different contracting activity.

• An interim CPAR shall be started prior to transfer of Assessing Official Representative or Assessing Official duties from one individual to another if there is six or more months performance to go prior to the next CPAR to ensure continuity.

Final Report: A final CPAR will be completed upon contract completion or delivery of the final major end item on contract. Final Reports are to be prepared on all contracts meeting the thresholds established with a period of performance of less than 365 calendar days. The final CPAR does not include cumulative information but is limited to the period of contractor performance occurring after the preceding CPAR. The CPAR Focal Point has the authority to approve extensions when special circumstances arise.

https://www.cpars.gov/cpcbtdlf.htm

Addendum Reports: Addendum reports may be prepared, after the final past performance evaluation, to record the contractor’s performance relative to contract closeout, warranty performance and other administrative requirements.

Quality review of the entire evaluation consists of:

• Forwarding the Government evaluation information to the contractor (check with local policy whether the RO or

Contracting Officer should be forwarded a copy prior to its submittal to the contractor)

• Reviewing comments from the designated contractor representative once the evaluation has been returned by the contractor or after 30 calendar days have lapsed

• Modifying the CPAR comments and/or ratings after review of contractor comments, as determined by the AO.

After receiving and reviewing the contractor’s comments on the CPAR, the AO may revise the assessment, including the narrative. The AO will notify the contractor of any revisions made to a report as a result of the contractor’s comments. Such a revised report will not be sent to the contractor for further comment. The contractor will have access to both the original and revised reports in the CPARS AIS when the Government finalizes the evaluation.

• Forwarding evaluations to the RO which are in disagreement or when requested by the contractor or, in the alternative,

• Completing the evaluation if it does not require further RO review.

SECTION I

I.1 DFARS COMMERCIAL CLAUSES

COMMERCIAL ACQUISITION PROVISIONS & CLAUSES (DFARS) (MAR 2017)

As prescribed in DFARS 212.301, the following provisions and clauses that have been selected are included in this contract by reference. Selection is defined as having a mark in the blank space to the left of the clause title.

Unselected clauses are not included in this contract.

____ 52.203-3, Gratuities, as prescribed in FAR 3.202, to comply with 10 U.S.C. 2207.

__X__ 252.203-7005, Representation Relating to Compensation of Former DoD Officials, as prescribed in

203.171-4(b).

__X__ 252.204-7008 (OCT 2016), Compliance with Safeguarding Covered Defense Information Controls, as prescribed in 204.7304(a).

____ 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Information, as prescribed in

204.7304(b).

__X__ 252.204-7011, Alternative Line Item Structure, as prescribed in 204.7109(b).

____ 252.204-7013, Limitations on the Use or Disclosure of Information by Litigation Support Solicitation

Offerors, as prescribed in 204.7403(a), to comply with 10 U.S.C. 129d.

____ 252.204-7014, Limitations on the Use or Disclosure of Information by Litigation Support Contractors, as prescribed in 204.7403(b), to comply with 10 U.S.C. 129d.

__X__ 252.204-7015, Disclosure of Information to Litigation Support Contractors, as prescribed in 204.7403(c), to comply with 10 U.S.C. 129d.

__X__ 252.204-7016, Covered Defense Telecommunications Equipment or Services – Representation.

__X__ 252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or

Services – Representation.

__X__ 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or

Services.

____ 252.204-7019, Notice of NISP SP 800-171 DOD Assessment Requirements.

____ 252.204-7020, NIST SP 800-171 DOD Assessment Requirements.

____ 252.204-7021, Cybersecurity Maturity Model Certification Requirements.

____ 252.205-7000, Provision of Information to Cooperative Agreement Holders, as prescribed in 205.470, to comply with 10 U.S.C. 2416.

____ 252.211-7003, Item Identification and Valuation, as prescribed in 211.274-6(a)(1).

____ 252.211-7006, Passive Radio Frequency Identification, as prescribed in 211.275-3.

____ 252.211-7007, Reporting of Government-Furnished Property, as prescribed in 211.274-6.

____ 252.211-7008, Use of Government-Assigned Serial Numbers, as prescribed in 211.274-6(c).

____ 252.213-7000, Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System—

Statistical Reporting in Past Performance Evaluations, as prescribed in 213.106-2-70.

____ 252.215-7003, Requirements for Submission of Data Other Than Certified Cost or Pricing Data—Canadian

Commercial Corporation, as prescribed at 215.408(3)(i).

____ 252.215-7004, Requirement for Submission of Data other Than Certified Cost or Pricing Data—

Modifications—Canadian Commercial Corporation, as prescribed at 215.408(3)(ii).

____ 252.215-7007, Notice of Intent to Resolicit, and

____ 252.215-7008, Only One Offer, as prescribed in 215.408(3) and (4), respectively.

____ 252.219-7003 (DEVIATION 2016-O0009), Small Business Subcontracting Plan (DoD Contracts), to comply with 15 U.S.C. 637.

____ (1) Use the basic clause as prescribed in 219.708(b)(1)(A)(1).

____ (2) Use the alternate I clause as prescribed in 219.708(b)(1)(A)(2).

____ 252.219-7004, Small Business Subcontracting Plan (Test Program), as prescribed in 219.708(b)(1)(B), to comply with 15 U.S.C. 637 note.

____ 252.219-7000, Advancing Small Business Growth, as prescribed in 219.309(1), to comply with 10 U.S.C.

2419.

____ 252.222-7007Application of Labor Laws to Government Acquisitions, as prescribed in 222.1771.

__X__ 252.223-7008, Prohibition of Hexavalent Chromium, as prescribed in 223.7306.

____ 252.225-7000, Buy American—Balance of Payments Program Certificate, as prescribed in 225.1101(1)(i), to comply with 41 U.S.C. chapter 83 and Executive Order 10582 of December 17, 1954, Prescribing Uniform

Procedures for Certain Determinations Under the Buy-American Act.

____ Alternate I as prescribed in 225.1101(1)(ii).

____ 252.225-7001, Buy American and Balance of Payments Program, as prescribed in 225.1101(2)(i), to comply with 41 U.S.C. chapter 83 and Executive Order 10582 of December 17, 1954, Prescribing Uniform Procedures for

Certain Determinations Under the Buy-American Act.

____ Alternate I as prescribed in 225.1101(2)(ii).

____ 252.225-7006, Acquisition of the American Flag, as prescribed in 225.7002-3(c), to comply with section 8123 of the DoD Appropriations Act, 2014 (Pub. L. 113-76, division C, title VIII), and the same provision in subsequent

DoD appropriations acts.

____ 252.225-7008, Restriction on Acquisition of Specialty Metals, as prescribed in 225.7003-5(a)(1), to comply with 10 U.S.C. 2533b.

____ 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals, as prescribed in

225.7003-5(a)(2), to comply with 10 U.S.C. 2533b.

____ 252.225-7010, Commercial Derivative Military Article—Specialty Metals Compliance Certificate, as prescribed in 225.7003-5(b), to comply with 10 U.S.C. 2533b.

____ 252.225-7012, Preference for Certain Domestic Commodities, as prescribed in 225.7002-3(a), to comply with

10 U.S.C. 2533a.

____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools, as prescribed in 225.7002-3(b), to comply with 10 U.S.C. 2533a.

____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings, as prescribed in 225.7009-5, to comply with section 8065 of Pub. L. 107-117 and the same restriction in subsequent DoD appropriations acts.

____ 252.225-7017, Photovoltaic Devices, as prescribed in 225.7017-5(a), to comply with section 846 of Pub. L.

111-383.

____ 252.225-7018, Photovoltaic Devices—Certificate, as prescribed in 225.7017-5(b), to comply with section 846 of Pub. L. 111-383.

____ 252.225-7020, Trade Agreements Certificate, as prescribed in 225.1101(5)(i), to comply with 19 U.S.C. 2501-

2518 and 19 U.S.C. 3301 note. Alternate I also implements section 886 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).

____ Alternate I as prescribed in 225.1101(5)(ii).

____ 252.225-7021, Trade Agreements as prescribed in 225.1101(6)(i), to comply with 19 U.S.C. 2501-2518 and

19 U.S.C. 3301 note. Alternate I also implements section 886 of the National Defense Authorization Act for Fiscal

Year 2008 (Pub. L. 110-181).

____ Alternate II as prescribed in 225.1101(6)(iii).

____ 252.225-7023, Preference for Products or Services from Iraq or Afghanistan, as prescribed in 225.7703-5(a), to comply with section 886 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).

____ 252.225-7024, Requirement for Products or Services from Iraq or Afghanistan, as prescribed in 225.7703-

5(b), to comply with section 886 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).

____ 252.225-7026, Acquisition Restricted to Products or Services from Iraq or Afghanistan, as prescribed in

225.7703-5(c), to comply with section 886 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L.

110-181).

____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales, as prescribed in 225.7307(a), to comply with 22 U.S.C. 2779.

____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments, as prescribed in 225.7307(b), to comply with 22 U.S.C. 2755.

____ 252.225-7029, Acquisition of Uniform Components for Afghan Military or Afghan National Police, as prescribed in 225.7703-4(d).

____ 252.225-7031, Secondary Arab Boycott of Israel, as prescribed in 225.7605, to comply with 10 U.S.C. 2410i.

____ 252.225-7035, Buy American—Free Trade Agreements—Balance of Payments Program Certificate, as prescribed in 225.1101(9)(i), to comply with 41 U.S.C. chapter 83 and 19 U.S.C. 3301 note. Alternates II, III, and V also implement section 886 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).

____ Alternate I as prescribed in 225.1101(9)(ii).

____ Alternate II as prescribed in 225.1101(9)(iii).

____ Alternate III as prescribed in 225.1101(9)(iv).

____ Alternate IV as prescribed in 225.1101(9)(v).

____ Alternate V as prescribed in 225.1101(9)(vi).

____ 252.225-7036, Buy American--Free (B) Trade Agreements-- Balance of Payments Program as prescribed in

225.1101(10)(i)(A), to comply with 41 U.S.C. chapter 83 and 19 U.S.C. 3301 note. Alternates II, III, and V also implement section 886 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).

____ Alternate I as prescribed in 225.1101(10)(i)(B).

____ Alternate II as prescribed in 225.1101(10)(i)(A).

____ Alternate III as prescribed in 225.1101(10)(i)(B).

____ Alternate IV as prescribed in 225.1101(10)(i)(C).

____ Alternate V as prescribed in 225.1101(10)(i)(C).

____ 252.225-7037, Evaluation of Offers for Air Circuit Breakers, as prescribed in 225.7006-4(a), to comply with

10 U.S.C. 2534(a)(3).

____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers, as prescribed in 225.7006-4(b), to comply with 10 U.S.C. 2534(a)(3).

____ 252.225-7039, Defense Contractors Performing Private Security Functions Outside the United States, as prescribed in 225.302-6.

____ 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the

United States, as prescribed in 225.7402-5(a).

____ 252.225-7043, Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States, as prescribed in 225.7403-2.

____ 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities—

Representations, as prescribed at 225.772-5.

____ 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of

Terrorism, as prescribed in 225.771-5, to comply with 10 U.S.C. 2327(b).

__X__ 252.225-7974 DEVIATION 2020-O0005, Representation Regarding Business Operations with the Maduro

Regime (DEVIATION 2020-O0005) (FEB 2020)

____ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native

Hawaiian Small Business Concerns, as prescribed in 226.104, to comply with section 8021 of Pub. L. 107-248 and similar sections in subsequent DoD appropriations acts.

____ 252.227-7013, Rights in Technical Data–Noncommercial Items, as prescribed in 227.7103-6(a), to comply with 10 U.S.C. 7317 and 17 U.S.C. 1301, et. seq.

____ Alternate I as prescribed in 227.7103-6(b)(1).

____ Alternate II as prescribed in 227.7103-6(b)(2).

____ 252.227-7015, Technical Data–Commercial Items, as prescribed in 227.7102-4(a)(1), to comply with 10

U.S.C. 2320, to comply with 10 U.S.C. 7317 and 17 U.S.C. 1301, et. seq.

____ Alternate I as prescribed in 227.7102-4(a)(2), ____ 252.227-7037, Validation of Restrictive Markings on Technical Data, as prescribed in 227.7102-4(c).

____ 252.232-7009, Mandatory Payment by Government-wide Commercial Purchase Card, as prescribed in

232.1110.

__X__ 252.232-7010, Levies on Contract Payments, as prescribed in 232.7102.

____ 252.232-7011, Payments in Support of Emergencies and Contingency Operations, as prescribed in 232.908.

____ 252.232-7014, Notification of Payment in Local Currency (Afghanistan), as prescribed in 232.7202.

__X__ 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel, as prescribed in 237.173-

5, to comply with section 1038 of Pub. L. 111-84.

____ 252.237-7019, Training for Contractor Personnel Interacting with Detainees, as prescribed in 237.171-4, to comply with section 1092 of Pub. L. 108-375.

____ 252.239-7009, Representation of Use of Cloud Computing, as prescribed in 239.7604(a).

____ 252.239-7010, Cloud Computing Services, as prescribed in 239.7604(b).

____ 252.239-7017, Notice of Supply Chain Risk, as prescribed in 239.7306(a).

____ 252.239-7018, Supply Chain Risk, as prescribed in 239.7306(b), to comply with section 806 of Pub. L. 111-

383, in all solicitations and contracts involving the development or delivery of any information technology, whether acquired as a service or as a supply.

____ 252.243-7002, Requests for Equitable Adjustment, as prescribed in 243.205-71, to comply with 10 U.S.C.

2410.

__X__ 252.244-7000, Subcontracts for Commercial Items, as prescribed in 244.403.

__X__ 252.246-7003, Notification of Potential Safety Issues, as prescribed in 246.371(a).

__X__ 252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military Operations, as prescribed in

246.270-4, to comply with section 807 of Pub. L. 111-84.

__X__ 252.246-7008, Sources of Electronic Parts, as prescribed in 246.870-3(b), to comply with section 818(c)(3) of Pub. L. 112-81, as amended by section 817 of the National Defense Authorization Act for Fiscal Year 2015 (Pub.

L. 113-291).

____ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer, as prescribed in

247.207, to comply with section 884 of Pub. L. 110-417.

____ 252.247-7022, Representation of Extent of Transportation by Sea, as prescribed in 247.574(a).

__X__ 252.247-7023, Transportation of Supplies by Sea, as prescribed in 247.574(b)(1), to comply with the Cargo

Preference Act of 1904 (10 U.S.C. 2631(a)).

____ Alternate I as prescribed in 247.574(b)(2).

____ Alternate II as prescribed in 247.574(b)(3).

____ 252.247-7024, Notification of Transportation of Supplies by Sea, as prescribed in 247.574(c).

____ 252.247-7025, Reflagging or Repair Work, as prescribed in 247.574(d), to comply with 10 U.S.C. 2631(b).

____ 252.247-7026, Evaluation Preference for Use of Domestic Shipyards – Applicable to Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade, as prescribed in 247.574(e), to comply with section 1017 of Pub. L. 109-364.

____ 252.247-7027, Riding Gang Member Requirements, as prescribed in 247.574(f), to comply with section 3504 of the National Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110-417).

____ 252.247-7028, Application for U.S Government Shipping Documentation/Instructions, as prescribed in

247.207.

SECTION L

L.1 EXCEPTIONS IN PROPOSAL

EXCEPTIONS OR CONDITIONS CONTAINED IN OFFEROR'S PROPOSAL

In the event the offeror takes any exceptions to, or sets any conditions for its proposal under the subject solicitation, such exceptions or conditions shall be set forth in a cover letter to the offeror's proposal.

L.15 ADELPHI CONTR. DIVISION URL

ADELPHI CONTRACTING DIVISION WEBSITE

Offeror(s) may access the Adelphi Contracting Division website at:

http://www.arl.army.mil/www/default.cfm?page=509

L.16 FOREIGN NATIONALS PERFORMING

FOREIGN NATIONALS PERFORMING UNDER CONTRACT

In accordance with Title 8 U.S.C. 1324A, local Foreign Disclosure Officers (FDOs) may approve access by foreign nationals working on unclassified public domain contracts for the duration of the contract, provided the foreign nationals have appropriate work authorization documentation.

Offerors who expect to employ foreign nationals in the anticipated effort shall submit with their proposals documentary evidence verifying employment eligibility of the foreign nationals in accordance with 8 CFR 274a.12.

Offerors not employing foreign nationals in performance of any resultant contract may disregard this provision.

For further information, please contact: Army Research Laboratory

Adelphi Laboratory Center

ATTN: AMSRL-CS-IO-FI

2800 Powder Mill Road

Adelphi, MD 20783-1197

L.17 PAYMENT TERMS

Payment terms of less than net thirty (30) days are unacceptable. Offers conditioned upon such terms will not be considered for award.

L.21 PAST PERFORMANCE INFORMATION

Offerors shall submit the following information as part of its proposal:

A. A listing of the last Three (3) contracts and/or subcontracts completed during the past twelve (12), including all contracts and subcontracts currently in process. Contracts listed may include those entered into with the Federal

Government, agencies of state or local governments and commercial customers. However, more reliance will be given to: performance on contracts of a similar nature than those that are less similar; performance on prior agency or federal contracts than on those with state or local governments or private parties; and performance on more recent contracts than that on older contracts. Offerors without prior contracts experience should list contracts and subcontracts as required above for all key personnel. Include the following information for each contract and subcontract:

1. Name of contracting activity

2. Contract number

3. Contract type http://www.arl.army.mil/www/default.cfm?page=509

4. Total contract value

5. Synopsis of contract effort

6. Contracting officer and telephone

7. Program manager, PATR, or COR name and telephone

8. Administrative contracting officer name and telephone, if different from #6

9. List of major subcontractors

B. The offeror may provide information on problems encountered on the contracts and subcontracts identified in

"A" above and corrective actions taken to resolve those problems. Offerors should not provide general information on their performance on the identified contracts. General performance information will be obtained from the references.

C. The offeror may describe any quality awards or certifications that indicate the offeror possesses a high-quality process for developing and producing the product or service required. Identify what segment of the company (one division or the entire company) received the award or certification. Describe when the award or certification was bestowed. If the award or certification is over three years old, present evidence that the qualifications still apply.

D. Each offeror will be evaluated on its performance under existing and prior contracts for similar products or services. Performance information will be used in responsibility determinations and as an evaluation factor against which offerors' relative rankings will be compared to assure best value to the Government. The Government will focus on information that demonstrates quality of performance relative to the size and complexity of the procurement under consideration. References other than those identified by the offeror may be contacted by the

Government, with the information received to be used in the evaluation of the offeror's past performance.