W900KK-17-R-0003_Final_Solicitation_13_Jan_2017.pdf.docx_V.docx

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Nuclear Effect Test Capabilities Modernization (NETCM) Prompt Gamma Simulator
Solicitation number
W900KK-17-R-0003
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W900KK-17-R-0003

Section A - Solicitation/Contract Form

SUPPLIES SERVICES AND PRICE

This solicitation will result in a single award “C” type Cost Plus Fixed Fee Completion Contract. The period of performance is 3 years (36 months period).

Section B - Supplies or Services and Prices

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

NETCM PGS

CPFF

Nuclear Effects Test Capability Modernization (NETCM) Prompt Gamma Simulator (PGS) development to include activities from contract award through final Government acceptance with the exception of CLIN 0003, NETCM PGS Testing and Acceptance which is separately priced and in accordance with NETCM PGS Statement of Work, PEO STRI-15-W001 Attachment 1, Performance Specification, PRF-PT-000659, Attachment 2.

FOB: Destination

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Lot

NETCM PGS CDRLs

FFP

Contract Data Requirements Lists (CDRLs), in accordance with Section J, Exhibits A.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lot

NETCM PGS Testing and Acceptance

CPFF

NETCM PGS testing and acceptance in accordance with NETCM PGS Statement of Work, PEO STRI-15-W001 Attachment 1, and Performance Specification, PRF-PT-000659, Attachment 2.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Lot

NETCM PGS Training

FFP

Training in accordance with applicable sections of NETCM PGS Statement of Work, PEO STRI-15-W001 Attachment 1, and Performance Specification, PRF-PT-000659, Attachment 2.

NET AMT

Section C - Descriptions and Specifications

C.1 REQUIREMENTS DOCUMENTS

C.1 The Statement of Work (PEO STRI-15-W001) and the Performance Specification (PRF-PT-00659) for the overall effort are attached in Section J of this document.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND INFORMATION

Inspection and acceptance of technical data and information will be performed by an authorized requiring activity representative. Inspection of technical data and information will be performed by ensuring successful completion of the requirements set forth in the DD Form 1423, Contract Data Requirements List (CDRL) and incorporation/resolution of Government review comments on the data items. Acceptance will be performed by the requiring activity representative and evidenced via execution of an electronic Receiving Report submitted by the contractor in the Invoicing, Receipt, Acceptance, and Property Transfer (iRAPT) module within the Wide Area Work Flow e-Business suite.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
Destination
Government
Destination
Government
0002
Destination
Government
Destination
Government
0003
Destination
Government
Destination
Government
0004
Destination
Government
Destination
Government

CLAUSES INCORPORATED BY REFERENCE

52.246-8
Inspection Of Research And Development Cost Reimbursement
MAY 2001
52.246-16
Responsibility For Supplies
APR 1984
252.246-7000
Material Inspection And Receiving Report
MAR 2008

Section F - Deliveries or Performance

F.1 DELIVERY

All items shall be delivered by the Contractor, F.O.B. Destination, all transportation charges prepaid, to the destinations specified in the contract. The term "delivery" means successful completion of all requirements set forth in the individual Delivery Order, to include manufacturing/installation, inspection and acceptance, as specified. Delivery is considered complete upon execution of an unconditional DD Form 250, Material Inspection and Receiving Report for items requiring submission of a DD Form 250 through the Wide Area Work Flow (WAWF) system, and/or upon receipt of a second endorsement acceptance by the Procuring Contracting Officer on PEO STRI 4330/60, Data Item Transmittal/ Acceptance/Rejection Form, which is provided as an attachment to this contract.

The Government anticipates delivery to the following location:

White Sands Missile Range, Survivability, Vulnerability Assessment Directorate, ATTN: TEDTWSVN (Mr.Gustavo Sierra), White Sands Missile Range, NM 88002. Point of Contact: Mr. Gustavo Sierra (575) 678-2038. Building Number yet to be determined as is currently under design and construction.

TECHNICAL DATA AND INFORMATION

Technical Data and Information shall be delivered in accordance with the requirements of the Contract Data Requirements List, DD Form 1423, Exhibit A, attached hereto, and the following:
(a) The contractor shall concurrently deliver technical data and information per DD Form 1423, Blocks 12 and 13 (date of first/subsequent submission) to all activities listed in Block 14 of the DD Form 1423 (distribution and addresses) for each item. Complete addresses for the abbreviations in Block 14 are shown in paragraph (g) below. Additionally, the technical data shall be delivered to the following cognizant codes, which are listed in Block 6 of the DD Form 1423.
(1) PCO, Marnita Harris, ACC-ORL-OPB
(2) ACO, Code (See block 6 for code and office address)
(b) Partial delivery of data is not acceptable unless specifically authorized on the DD Form 1423, or unless approved in writing by the PCO.
(c) The Government review period provided on the DD Form 1423 for each item commences upon receipt of all required data by the technical activity designated in Block 6.
(d) A copy of all other correspondence addressed to the Contracting Officer relating to data item requirements (i.e., status of delivery) shall also be provided to the codes reflected above and the technical activity responsible for the data item per Block 6, if not one of the activities listed above.
(e) The PCO reserves the right to issue unilateral modifications to change the destination codes and addresses for all technical data and information at no additional cost to the Government.
(f) Unless otherwise specified in writing, rejected data items shall be resubmitted within thirty (30) days after receipt of notice of rejection.
(g) DD Form 1423, Block 14 Mailing Addresses: Mr. Bob Arora, 12211 Science Drive, ATTN: SFAE-STRI-ITTS, Orlando, FL 32826-3224

COR: Bob Arora, PM ITTS-IMO, 12211 Science Drive, Orlando, Florida 32826

PCO: Marnita R. Harris, ACC-ORL-OPB, via Contract Specialist (CS)

CS: Ramon Otero, ACC-ORL-OPB, ramon.otero10.civ@mail.mil

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC
0001
26-JUL-2020
1
U.S. ARMY WHITE SANDS MISSILE RANGE

GUSTAVO L. SIERRA

SHIPPING AND RECEIVING

BLDG 1

WHITE SANDS NM 880002

575.678.2038

W81C39

0002
26-JUL-2020

(SAME AS PREVIOUS LOCATION)

W81C39

0003
26-MAY-2020
1
(SAME AS PREVIOUS LOCATION)

W81C39

0004
26-JUL-2020

(SAME AS PREVIOUS LOCATION)

W81C39

52.211-17
Delivery of Excess Quantities
SEP 1989
52.242-15
Stop-Work Order
AUG 1989
52.242-17
Government Delay Of Work
APR 1984
52.247-34
F.O.B. Destination
NOV 1991

Section G - Contract Administration Data

CONTRACTOR’S AUTHORIZED CONTRACT COORDINATOR AND TECHNICAL LIAISON

(a) The contractor shall state below the name and telephone numbers of the contractor’s employees responsible for coordination of contract functions/liaison with the Contracting Officer and/or Contract administrator, and providing technical assistance as required regarding product specifications, functionality, etc.
CONTRACT COORDINATOR:
NAME:_______________________________________
PHONE (BUS): ___________________________________
PHONE (AFTER HOURS): _________________________
ALTERNATE:
NAME:_______________________________________
PHONE (BUS): ___________________________________
PHONE (AFTER HOURS): _________________________
(b) The contractor shall notify the Contracting Officer and/or Contract Administrator in advance, in writing, of any changes in the above listed personnel.

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)

(a) The Contracting Officer has designated Mr. Bob Arora, 12211 Science Drive, Orlando, FL 32826 as the authorized Contracting Officer’s Representative (COR) for this contract.
(b) The duties of the COR are limited to the following:

1. Ensure contractor personnel requiring access to the Government facilities adhere to the check-in and out procedures.

2. Work cooperatively with members of the acquisition team.

3. Review, comment, and report on the contractor's progress and ensure the contractor complies with reporting requirements.

4. Read and understand the COR’s role and responsibilities in the Contractor Performance Assessment Reporting Systems (CPARS) process to include maintaining documentation that supports the CPARS assessments.

5. Provide an independent government estimate of desired or ordered work.

6. Keep track of funds expended and remaining funds available so as not to overspend on the contract or order.

7. Accept services and/or deliverables when completed, unless otherwise specified in the contract or order, and certify when all deliverables have been accepted by the government.

8. Pay particular attention to the timely review of invoices (as applicable).

9. Obtain refresher training as required by reference a. or as required by the Contracting Officer.

10. Promptly notify and provide recommended corrective action to the Contracting Officer and the COR’s superior of any of the following:

a. Any violation of or deviation from the technical requirements of the contract.

b. Inefficient or wasteful methods in use by the contractor, including the contractor exceeding the requirements of the order or contract.

c. Any contractor request for changes to the contract.

d. Issues that require clarification or resolution.

e. Instances where funds may be insufficient to complete the contract or order.

f. Conditions requiring a replacement for you as COR.

g. Improper use of government material, equipment, or property.

11. Ensure the contract does not become a vehicle for personal services as described in reference 2.b.

12. Review engineering studies, design, or value engineering proposals submitted by the contractor to determine their feasibility.

13. When required, review, comment, and report on the annual and final performance assessment reports of the contractor as to compliance with technical instructions, timeliness, and any problems associated with the contract or order, in a timely manner.

14. Address contribution in the annual performance review.

DISCLOSURE, USE AND PROTECTION OF PROPRIETARY INFORMATION

(a) During the performance of this contract, the Government may use an independent services contractor (ISC), who is neither an agent nor employee of the Government. The ISC may be used to conduct reviews, evaluations, or independent verification and validations of technical documents submitted to the Government during performance.
(b) The use of an ISC is solely for the convenience of the Government. The ISC has no obligation to the prime contractor. The prime contractor is required to provide full cooperation, working facilities and access to the ISC for the purposes stated in paragraph (a) above.
(c) Since the ISC is neither an employee nor agent of the Government, any findings, recommendations, analyses, or conclusions of such a contractor are not those of the Government.
(d) The prime contractor acknowledges that the Government has the right to use ISCs as stated in paragraph (a) above. It is possible that under such an arrangement the ISC may require access to or the use of information (other than restricted cost or pricing data), which is proprietary to the prime contractor.
(e) To protect any such proprietary information from disclosure or use, and to establish the respective rights and duties of both the ISC and prime contractor, the prime contractor agrees to enter into a direct agreement with any ISC as the Government requires. A properly executed copy (per FAR 9.505-4) of the agreement will be provided to the Procuring Contracting Officer.

AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.
(b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.
(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is: Ms. Marnita Harris, Procuring Contracting Officer, 12211 Science Drive, Orlando, FL 32826 Phone: (407) 208-3294.

CLAUSES INCORPORATED BY FULL TEXT

252.204-0002 LINE ITEM SPECIFIC: SEQUENTIAL ACRN ORDER. (SEP 2009)

The payment office shall make payment in sequential ACRN order within the line item, exhausting all funds in the previous ACRN before paying from the next ACRN using the following sequential order: Alpha/Alpha; Alpha/numeric; numeric/alpha; and numeric/numeric.

(End of clause)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(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.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by 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.acquisition.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 must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Cost Voucher/Stand Alone/Receiving Report

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

Routing Data Table –Contract Data Requirements List (CDRL) Submittal via Stand-alone Receiving Report – Destination Inspection and Destination Acceptance (Inspection and Acceptance by PEO STRI)

Field Name in WAWF
Data to be entered in WAWF
Pay Official DoDAAC
TBD - DFAS Office responsible for payment
Issue By DoDAAC
W900KK
Admin By DoDAAC
TBD - Office responsible for administration; DCMA, ONR or ACC-ORL (W900KK)
Inspect By DoDAAC
W906ZL (Program personnel to perform inspection)
Ship To Code
W906ZL (Engineer)

(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 – Cost Voucher – (Cost Type, Labor Hours or T&M Line Items)

Field Name in WAWF
Data to be entered in WAWF
Pay Official DoDAAC
TBD DFAS Office responsible for payment
Issue By DoDAAC
W900KK
Admin By DoDAAC
TBD Office responsible for administration; DCMA, ONR or ACC-Orlando (W900KK))

DCAA Auditor (DoDAAC) (for interim vouchers) TBD DoDAAC for cognizant DCAA office

Service Approver (DoDAAC) (for final voucher) DoDAAC of office responsible for signing/providing acceptance of final Cost Voucher: DCMA (if DCMA administers) or ACC-Orlando (W900KK)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

NAME
EMAIL ADDRESS
TELEPHONE #
TITLE / WAWF ROLE (S)
Bob Arora
bobby.arora.civ@mail.mil
407-384-3976
COR/Inspector & Acceptor (I/A)
Erick Serrano
erick.s.serrano.civ@mail.mil
407-384-5128
PD or Eng/Alternate Acceptor
Marnita R. Harris
marnita.r.harris.civ@mail.mil
407-208-3294
Contracting Officer (PCO Acceptor)
Ramon Otero
ramon.otero10.civ@mail.mil
407-208-3481
Contract Specialist/Issue By View Only (IBVO)

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

NAME
EMAIL ADDRESS
TELEPHONE #
WAWF ROLE
Ron Crowder
ronald.j.crowder.civ@mail.mil
407-208-3032
Group Administrator (GAM) Primary
Thomas Bunch
thomas.j.bunch.civ@mail.mil
407-384-3792
GAM Alternate

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

Section H - Special Contract Requirements

H.1 SMALL BUSINESS PARTICIPATION

Small Business Participation data shall be submitted on a quarterly basis in accordance with the Small Business Participation form as Attached in Section J. If, at any time during contract performance, the Contracting Officer determines that Small Business participation levels are not being maintained at or above the goal, the Contractor will be required to submit a plan for reallocating resources in a manner that will ensure the goal will be met. The reallocation plan shall be submitted no later than 15 days after notice from the Contracting Officer and implementation should begin within 20 days thereafter.

Awardees proposed Small Business Participation Plan and goals will be incorporated into the resulting contract as a Section J attachment. Small Business participation dollars and percentages shall be measured by comparing the total actual contract dollars performed by Small Business concerns to the total yearly obligated value of the contract. Failure to meet the overall Small Business Participation in each 12 months of performance beginning upon contract award will affect the assessment provided in the Contractor Performance Assessment Report under Utilization of Small Business.

H.2 GOVERNMENT INSTALLATION WORK SCHEDULE

(a) The Holidays applicable to this contract are: New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.
(b) In the event that the contractor is prevented from performance as the result of an Executive Order or an administrative leave determination that applies to the using activity, such time may be charged to the contract as a direct cost provided such charges are consistent with the contractor’s accounting practices. In the event that any of the above holidays occur on a Saturday or Sunday, then such holiday shall be observed as they are by the assigned Government employees at the using activity.

H.3 AVAILABILITY OF DATA ITEM DESCRIPTIONS (DIDs)

All Data Item Descriptions (DIDs) are available online via the Acquisition Streamlining and Standardization Information System located at http://quicksearch.dla.mil.

H.4 LIABILITY INSURANCE

The following types of insurance are required in accordance with the Clause entitled, [ “FAR 52.228-5, “Insurance--Work on a Government Installation” and shall be maintained in the minimum amounts shown:
(a) Comprehensive General Liability: $200,000 per person and $500,000 or other per accident for bodily injury.
(b) Automobile Insurance: $200,000 per person and $500,000 per accident for bodily injury and $500,000 per accident for property damage.
(c) Standard Workman’s Compensation and Employer’s Liability Insurance (or, where maritime employment is involved, Longshoremen’s and Harbor Worker’s Compensation Insurance) in the minimum amount of $100,000.
(d) Aircraft public and passenger liability: $$200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability; $ $200,000 per occurrence for property damage. Passenger bodily injury liability limits of $200,000 per passenger, multiplied by the number of seats or number of passengers, whichever is greater.

H.5 REIMBURSEMENT OF TRAVEL, PER DIEM, AND SPECIAL MATERIAL COSTS

(a) Area of Travel. Performance under this contract may require travel by contractor personnel. If travel, domestic or overseas, is required, the contractor is responsible for making all necessary arrangements for its personnel. These include but are not limited to: medical examinations, immunizations, passports/visas/etc., and security clearances.

(b) Travel Policy. The Government will reimburse the contractor for allowable travel costs incurred by the contractor in performance of the contract in accordance with FAR Subpart 31.2. Travel required for tasks assigned under this contract shall be governed in accordance with: Joint Travel Regulations, prescribed by the General Services Administration for travel in the conterminous 48 United States, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense, for travel in Alaska, Hawaii, The Commonwealth of Puerto Rico, and territories and possessions of the United States (hereinafter JTR); and Standardized Regulations (Government Civilians, Foreign Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign Areas," prescribed by the Department of State, for travel in areas not covered in the JTR (hereinafter the SR).
(c) Travel. Travel and subsistence are authorized for travel beyond a fifty-mile radius of the contractor’s office whenever a task assignment requires work to be accomplished at a temporary alternate worksite. No travel or subsistence shall be charged for work performed within a fifty-mile radius of the contractor’s office. The contractor shall not be paid for travel or subsistence for contractor personnel who reside in the metropolitan area in which the tasks are being performed. Travel performed for personal convenience, in conjunction with personal recreation, or daily travel to and from work at the contractor’s facility will not be reimbursed.
(1) For travel costs other than described in paragraph (c) above, the contractor shall be paid on the basis of actual amount paid to the extent that such travel is necessary for the performance of services under the contract and is authorized by the COR in writing.
(2) When transportation by privately owned conveyance is authorized, the contractor shall be paid on a mileage basis not to exceed the applicable Government transportation rate as contained in the JTR or SR. Authorization for the use of privately owned conveyance shall be indicated in the basic contract. Distances traveled between points shall be shown on invoices as listed in standard highway mileage guides. Reimbursement will not exceed the mileage shown in the standard highway mileage guides.
(3) The contractor agrees, in the performance of necessary travel, to use the lowest cost mode commensurate with the requirements of the mission as set forth in the basic. When it is necessary to use air or rail travel, the contractor agrees to use coach, tourist class, or similar accommodations to the extent consistent with the successful and economical accomplishment of the mission for which the travel is being performed.
(4) The contractor’s invoices shall include receipts or other evidence substantiating actual costs incurred for authorized travel. In no event will such payments exceed the rates of common carriers.
(d) Vehicle and/or Truck Rentals. The contractor shall be reimbursed for actual rental/lease of special vehicles and/or trucks (i.e., of a type not normally used by the contractor in the conduct of its business) only if authorized in the basic contract or upon approval by the COR. Reimbursement of such rental shall be made based on actual amounts paid by the contractor. Use of rental/lease costs of vehicles and/or trucks that are of a type normally used by the contractor in the conduct of its business are not subject to reimbursement.
(e) Car Rental. The contractor shall be reimbursed for car rental, exclusive of mileage charges, as authorized in the basic contract or upon approval by the COR, when the services are required to be performed beyond the normal commuting distance from the contractor’s facilities. Car rental for a team on TDY at one site will be allowed for a minimum of four (4) persons per car, provided that such number or greater comprise the TDY team.
(f) Per Diem. The contractor shall not be paid for per diem for contractor personnel who reside in the metropolitan areas in which the tasks are being performed. Per Diem shall not be paid on services performed within a fifty-mile radius of the contractor’s home office or the contractor’s local office. Per Diem is authorized for contractor personnel beyond a fifty-mile radius of the contractor’s home or local offices whenever a task assigned requires work to be done at a temporary alternate worksite. Per Diem shall be paid to the contractor only to the extent that overnight stay is necessary and authorized under this contract. The authorized per diem rate shall be the same as the prevailing per diem in the worksite locality. These rates will be based on rates contained in the JTR or SR. The applicable rate is authorized at a flat seventy-five (75%) percent on the day of departure from contractor’s home or local office, and on the day of return. Reimbursement to the contractor for per diem shall be limited to actual payments to per diem defined herein. The contractor shall provide actual payments of per diem defined herein. The contractor shall provide supporting documentation for per diem expenses as evidence of actual payment.
(g) Shipboard Stays. Whenever work assignments require temporary duty aboard a Government ship, the contractor will be reimbursed in accordance with the Joint Travel Regulations, Paragraph C4558, Per Diem For Travel By Ship.
(h) Special Material. “Special material” includes only the costs of material, supplies, or services which is peculiar to the ordered data and which is not suitable for use in the course of the contractor’s normal business. It shall be furnished pursuant to specific authorization approved by the COR. The contractor will be required to support all material costs claimed by its costs less any applicable discounts. “Special materials” include, but are not limited to, graphic reproduction expenses, or technical illustrative or design requirements needing special processing.

H.6 ALLOTMENT OF FUNDS - INCREMENTALLY FUNDED COST-REIMBURSEMENT CONTRACT OTHER THAN COST-SHARING CONTRACT

For the purposes of paragraph (b) of the “Limitation of Funds” Clause of this contract-

(a) The amount available for payment and allotted to this incrementally funded contract is $[If contract, enter dollar amount; if solicitation, state “to be determined”];
(b) The items covered by such amount are Item(s) [Insert CLINs]; and
(c) The period of performance for which it is estimated the allotted amount will cover is [Insert the period of performance (calendar date].

H.7 AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the “Changes” Clause of this contract.
(b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.
(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is: Marnita Harris, ACC-Orlando 12211 Science Drive, Orlando Florida 32826-3224, 407-208-3294, email: marnita.r.harris.civ@mail.mil.

Section I - Contract Clauses

52.202-1
Definitions
NOV 2013
52.203-3
Gratuities
APR 1984
52.203-5
Covenant Against Contingent Fees
MAY 2014
52.203-7
Anti-Kickback Procedures
MAY 2014
52.203-8
Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity
MAY 2014
52.203-10
Price Or Fee Adjustment For Illegal Or Improper Activity
MAY 2014
52.203-12
Limitation On Payments To Influence Certain Federal Transactions
OCT 2010
52.203-13
Contractor Code of Business Ethics and Conduct
OCT 2015
52.203-17
Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
APR 2014
52.204-2
Security Requirements
AUG 1996
52.204-4
Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-9
Personal Identity Verification of Contractor Personnel
JAN 2011
52.204-13
System for Award Management Maintenance
OCT 2016
52.209-6
Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-9
Updates of Publicly Available Information Regarding Responsibility Matters
JUL 2013
52.209-10
Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.209-11
Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under and Federal Law
FEB 2016
52.210-1
Market Research
APR 2011
52.211-5
Material Requirements
AUG 2000
52.215-2
Audit and Records--Negotiation
OCT 2010
52.215-8
Order of Precedence--Uniform Contract Format
OCT 1997
52.215-11
Price Reduction for Defective Certified Cost or Pricing Data--Modifications
AUG 2011
52.215-12
Subcontractor Certified Cost or Pricing Data
OCT 2010
52.215-13
Subcontractor Certified Cost or Pricing Data--Modifications
OCT 2010
52.215-14
Integrity of Unit Prices
OCT 2010
52.215-16
Facilities Capital Cost of Money
JUN 2003
52.215-20
Requirements for Certified Cost or Pricing Data or Information Other Than Certified Cost or Pricing Data
OCT 2010
52.215-22
Limitations on Pass-Through Charges--Identification of Subcontract Effort
OCT 2009
52.215-23
Limitations on Pass-Through Charges
OCT 2009
52.216-8
Fixed Fee
JUN 2011
52.216-24
Limitation Of Government Liability
APR 1984
52.216-25
Contract Definitization
OCT 2010
52.219-8
Utilization of Small Business Concerns
NOV 2016
52.219-9
Small Business Subcontracting Plan
NOV 2016
52.219-9 Alt II
Small Business Subcontracting Plan (NOV 2016) Alternate II
NOV 2016
52.219-16
Liquidated Damages-Subcontracting Plan
JAN 1999
52.222-3
Convict Labor
JUN 2003
52.222-19
Child Labor -- Cooperation with Authorities and Remedies
OCT 2016
52.222-20
Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000
MAY 2014
52.222-21
Prohibition Of Segregated Facilities
APR 2015
52.222-26
Equal Opportunity
SEP 2016
52.222-35
Equal Opportunity for Veterans
OCT 2015
52.222-36
Equal Opportunity for Workers with Disabilities
JUL 2014
52.222-37
Employment Reports on Veterans
FEB 2016
52.222-40
Notification of Employee Rights Under the National Labor Relations Act
DEC 2010
52.222-50
Combating Trafficking in Persons
MAR 2015
52.223-5
Pollution Prevention and Right-to-Know Information
MAY 2011
52.223-6
Drug-Free Workplace
MAY 2001
52.223-10
Waste Reduction Program
MAY 2011
52.223-11
Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons.
JUN 2016
52.223-18
Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.225-1
Buy American--Supplies
MAY 2014
52.225-13
Restrictions on Certain Foreign Purchases
JUN 2008
52.225-25
Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
OCT 2015
52.226-1
Utilization Of Indian Organizations And Indian-Owned Economic Enterprises
JUN 2000
52.227-2
Notice And Assistance Regarding Patent And Copyright Infringement
DEC 2007
52.228-5
Insurance - Work On A Government Installation
JAN 1997
52.228-7
Insurance--Liability To Third Persons
MAR 1996
52.229-3
Federal, State And Local Taxes
FEB 2013
52.229-10
State of New Mexico Gross Receipts and Compensating Tax
APR 2003
52.230-2
Cost Accounting Standards
OCT 2015
52.230-3
Disclosure And Consistency Of Cost Accounting Practices
OCT 2015
52.230-6
Administration of Cost Accounting Standards
JUN 2010
52.232-1
Payments
APR 1984
52.232-8
Discounts For Prompt Payment
FEB 2002
52.232-11
Extras
APR 1984
52.232-16
Progress Payments
APR 2012
52.232-16 Alt III
Progress Payments (Apr 2012) - Alternate III
APR 2003
52.232-17
Interest
MAY 2014
52.232-18
Availability Of Funds
APR 1984
52.232-23 Alt I
Assignment of Claims (May 2014) - Alternate I
APR 1984
52.232-25
Prompt Payment
JUL 2013
52.232-39
Unenforceability of Unauthorized Obligations
JUN 2013
52.232-40
Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
52.233-1
Disputes
MAY 2014
52.233-2
Service Of Protest
SEP 2006
52.233-3 Alt I
Protest After Award (Aug 1996) - Alternate I
JUN 1985
52.237-2
Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
52.242-1
Notice of Intent to Disallow Costs
APR 1984
52.242-3
Penalties for Unallowable Costs
MAY 2014
52.242-4
Certification of Final Indirect Costs
JAN 1997
52.242-13
Bankruptcy
JUL 1995
52.243-1
Changes--Fixed Price
AUG 1987
52.243-2
Changes--Cost-Reimbursement
AUG 1987
52.243-2 Alt V
Changes--Cost-Reimbursement (Aug 1987) - Alternate V
APR 1984
52.243-6
Change Order Accounting
APR 1984
52.243-7
Notification Of Changes
APR 1984
52.244-5
Competition In Subcontracting
DEC 1996
52.244-6
Subcontracts for Commercial Items
NOV 2016
52.246-23
Limitation Of Liability
FEB 1997
52.246-24
Limitation Of Liability--High-Value Items
FEB 1997
52.248-1
Value Engineering
OCT 2010
52.249-2
Termination For Convenience Of The Government (Fixed-Price)
APR 2012
52.249-6
Termination (Cost Reimbursement)
MAY 2004
52.249-8
Default (Fixed-Price Supply & Service)
APR 1984
52.249-14
Excusable Delays
APR 1984
52.252-6
Authorized Deviations In Clauses
APR 1984
52.253-1
Computer Generated Forms
JAN 1991
252.203-7000
Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7001
Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies
DEC 2008
252.203-7002
Requirement to Inform Employees of Whistleblower Rights
SEP 2013
252.203-7004
Display of Hotline Posters
OCT 2016
252.203-7996 (Dev)
Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements - Representation (Deviation 2016-O0003)
OCT 2015
252.203-7997 (Dev)
Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Deviation 2016-O0003)
OCT 2015
252.204-7000
Disclosure Of Information
OCT 2016
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.204-7004 Alt A
System for Award Management Alternate A
FEB 2014
252.204-7005
Oral Attestation of Security Responsibilities
NOV 2001
252.204-7008
Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
252.209-7004
Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
OCT 2015
252.211-7003
Item Unique Identification and Valuation
MAR 2016
252.211-7007
Reporting of Government-Furnished Property
AUG 2012
252.211-7008
Use of Government-Assigned Serial Numbers
SEP 2010
252.215-7002
Cost Estimating System Requirements
DEC 2012
252.219-7003 (Dev)
Small Business Subcontracting Plan (DOD Contracts)--Basic (Deviation 2016-O0009)
AUG 2016
252.223-7006
Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials
SEP 2014
252.225-7002
Qualifying Country Sources As Subcontractors
AUG 2016
252.225-7003
Report of Intended Performance Outside the United States and Canada--Submission with Offer
OCT 2015
252.225-7006
Acquisition of the AmericanFlag
AUG 2015
252.225-7012
Preference For Certain Domestic Commodities
AUG 2016
252.225-7031
Secondary Arab Boycott Of Israel
JUN 2005
252.226-7001
Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
SEP 2004
252.227-7013
Rights in Technical Data--Noncommercial Items
FEB 2014
252.227-7014
Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation
FEB 2014
252.227-7016
Rights in Bid or Proposal Information
JAN 2011
252.227-7017
Identification and Assertion of Use, Release, or Disclosure Restrictions
JAN 2011
252.227-7019
Validation of Asserted Restrictions--Computer Software
SEP 2016
252.227-7027
Deferred Ordering Of Technical Data Or Computer Software
APR 1988
252.227-7037
Validation of Restrictive Markings on Technical Data
SEP 2016
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
JUN 2012
252.232-7010
Levies on Contract Payments
DEC 2006
252.239-7001
Information Assurance Contractor Training and Certification
JAN 2008
252.239-7010
Cloud Computing Services
OCT 2016
252.242-7004
Material Management And Accounting System
MAY 2011
252.242-7005
Contractor Business Systems
FEB 2012
252.246-7007
Contractor Counterfeit Electronic Part Detection and Avoidance System
AUG 2016

CLAUSES INCORPORATED BY FULL TEXT

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall--

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

52.216-7 ALLOWABLE COST AND PAYMENT (JUN 2013)

(a) Invoicing.

(1) The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) subpart 31.2 in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract.

(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act. Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25.

(3) The designated payment office will make interim payments for contract financing on the “30th” day after the designated billing office receives a proper payment request.

In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.

(b) Reimbursing costs. (1) For the purpose of reimbursing allowable costs (except as provided in subparagraph (b)(2) of the clause, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term "costs" includes only--

(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract;

(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for--

(A) Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due will be made--

(1) In accordance with the terms and conditions of a subcontract or invoice; and

(2) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government;

(B) Materials issued from the Contractor's inventory and placed in the production process for use on the contract;

(C) Direct labor;

(D) Direct travel;

(E) Other direct in-house costs; and

(F) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts; and

(iii) The amount of financing payments that have been paid by cash, check, or other forms of payment to subcontractors.

(2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid unless--

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's indirect costs for payment purposes).

(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) of this clause, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) of this clause.

(4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor's expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause.

(c) Small business concerns. A small business concern may receive more frequent payments than every 2 weeks.

(d) Final indirect cost rates. (1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with Subpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect cost rate proposal.

(2)(i) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (or cognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years. Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractor and granted in writing by the Contracting Officer. The Contractor shall support its proposal with adequate supporting data.

(ii) The proposed rates shall be based on the Contractor's actual cost experience for that period. The appropriate Government representative and the Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the Contractor's proposal.

(iii) An adequate indirect cost rate proposal shall include the following data unless otherwise specified by the cognizant Federal agency official:

(A) Summary of all claimed indirect expense rates, including pool, base, and calculated indirect rate.

(B) General and Administrative expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts).

(C) Overhead expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) for each final indirect cost pool.

(D) Occupancy expenses (intermediate indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) and expense reallocation to final indirect cost pools.

(E) Claimed allocation bases, by element of cost, used to distribute indirect costs.

(F) Facilities capital cost of money factors computation.

(G) Reconciliation of books of account (i.e., General Ledger) and claimed direct costs by major cost element.

(H) Schedule of direct costs by contract and subcontract and indirect expense applied at claimed rates, as well as a subsidiary schedule of Government participation percentages in each of the allocation base amounts.

(I) Schedule of cumulative direct and indirect costs claimed and billed by contract and subcontract.

(J) Subcontract information. Listing of subcontracts awarded to companies for which the contractor is the prime or upper-tier contractor (include prime and subcontract numbers; subcontract value and award type; amount claimed during the fiscal year; and the subcontractor name, address, and point of contact information).

(K) Summary of each time-and-materials and labor-hour contract information, including labor categories, labor rates, hours, and amounts; direct materials; other direct costs; and, indirect expense applied at claimed rates.

(L) Reconciliation of total payroll per IRS form 941 to total labor costs distribution.

(M) Listing of decisions/agreements/approvals and description of accounting/organizational changes.

(N) Certificate of final indirect costs (see 52.242-4, Certification of Final Indirect Costs).

(O) Contract closing information for contracts physically completed in this fiscal year (include contract number, period of performance, contract ceiling amounts, contract fee computations, level of effort, and indicate if the contract is ready to close).

(iv) The following supplemental information is not required to determine if a proposal is adequate, but may be required during the audit process:

(A) Comparative analysis of indirect expense pools detailed by account to prior fiscal year and budgetary data.

(B) General organizational information and limitation on allowability of compensation for certain contractor personnel. See 31.205-6(p). Additional salary reference information is available at http://www.whitehouse.gov/omb/procurement_index_exec_comp/.

(C) Identification of prime contracts under which the contractor performs as a subcontractor.

(D) Description of accounting system (excludes contractors required to submit a CAS Disclosure Statement or contractors where the description of the accounting system has not changed from the previous year's submission).

(E) Procedures for identifying and excluding unallowable costs from the costs claimed and billed (excludes contractors where the procedures have not changed from the previous year's submission).

(F) Certified financial statements and other financial data (e.g., trial balance, compilation, review, etc.).

(G) Management letter from outside CPAs concerning any internal control weaknesses.

(H) Actions that have been and/or will be implemented to correct the weaknesses described in the management letter from subparagraph G) of this section.

(I) List of all internal audit reports issued since the last disclosure of internal audit reports to the Government.

(J) Annual internal audit plan of scheduled audits to be performed in the fiscal year when the final indirect cost rate submission is made.

(K) Federal and State income tax returns.

(L) Securities and Exchange Commission 10-K annual report.

(M) Minutes from board of directors meetings.

(N) Listing of delay claims and termination claims submitted which contain costs relating to the subject fiscal year.

(O) Contract briefings, which generally include a synopsis of all pertinent contract provisions, such as: Contract type, contract amount, product or service(s) to be provided, contract performance period, rate ceilings, advance approval requirements, pre-contract cost allowability limitations, and billing limitations.

(v) The Contractor shall update the billings on all contracts to reflect the final settled rates and update the schedule of cumulative direct and indirect costs claimed and billed, as required in paragraph (d)(2)(iii)(I) of this section, within 60 days after settlement of final indirect cost rates.

(3) The Contractor and the appropriate Government representative shall execute a written understanding setting forth the final indirect cost rates.

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