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W9115122R0024
Section SF 30 - BLOCK 14 CONTINUATION PAGE
SPECIAL INSTRUCTIONS
1. This is a Draft Request for Proposal (DRFP). This will be solicited as an 8(a) competitive and will be awarded as a single, Cost Plus Fixed Fee (CPFF), Indefinite Delivery Indefinite Quantity (IDIQ) contract from this solicitation.
2. All comments, questions and concerns may be submitted to Ms. Ebonie F. McClintock and Ms. Lesa Crockett at ebonie.f.mcclintock-bennett.civ@army.mil and lesa.m.crockett.civ@army.mil, not later than 21 March 2022, 1:00 pm Central Standard Time.
3. The period of performance will be a 60 month ordering period. The contract will not include option periods, but does include FAR 52.217-8, Option to Extend Services. The minimum guarantee for the resulting contract is $250,000.
4. Task orders will only be issued by the Mission and Installation Contracting Command (MICC) Fort Hood, Texas, – ATEC Support Division (ASD).
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Job
TETSS Support Services
CPFF
Non-Personal Test Support Services to plan, conduct operational testing, data collection, data management, logistics, engineering, programming, field operations, and instrumentation to support the test missions of the Air and Missile Defense Test Directorate at Fort Bliss and Fires Support Test Directorate at Fort Sill. Provide administrative support, data management, data collection, instrumentation, IT services, and logistics support for the areas outlined in the PWS.
FOB: Destination
PURCHASE REQUEST NUMBER: 0011634815
PSC CD: R425
ESTIMATED COST
FIXED FEE
TOTAL EST COST + FEE
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Job
Other Direct Cost (ODC)
COST
Non-Personal Test Support Services. Funding will be provided at the SUBCLINS level on the task orders. Includes the purchase of materials, supplies, equipment and travel expenses, etc. No cost may be invoiced to this CLIN without prior Government approval Other Direct Costs IAW PWS paragraph 1.6.16 of the PWS.
FOB: Destination
PURCHASE REQUEST NUMBER: 0011634815
ESTIMATED COST
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Job
Service Contracting Reporting (SCR)
COST
Non-Personal Test Support Services. Service Contract Reporting - This requirement only applies to orders over $3 Million. Contractor is required to provide data on Contractor Labor Hours for performance of this contract IAW PWS. Instructions including the Contractor and Subcontractor User Guides, are available at https://www.sam.gov. All data shall be reported no later than October 31 of each calendar year (2023, 2024, 2025, 2026 & 2027).
FOB: Destination
ESTIMATED COST
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Job
Phase-In
CPFF
The 30 day phase-in will start after contract award to minimize any decreases in productivity and to prevent possible negative impacts on newly added services during the transition from one contractor to another. During this transition the incoming contractor will collaborate with the outgoing contractor to develop a phase-in plan.
ESTIMATED COST
FIXED FEE
TOTAL EST COST + FEE
Section C - Descriptions and Specifications
PERFORMANCE WORK STATEMENT
Performance Work Statement (PWS)
See Technical Exhibit A – Performance Work Statement for Test and Evaluation Technical Support Services (TETSS)
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Destination |
| Government |
| Destination |
| Government |
| 0002 |
| Destination |
| Government |
| Destination |
| Government |
| 0003 |
| Destination |
| Government |
| Destination |
| Government |
| 0004 |
| Destination |
| Government |
| Destination |
| Government |
CLAUSES INCORPORATED BY REFERENCE
| 52.246-3 |
| Inspection Of Supplies Cost-Reimbursement |
| MAY 2001 |
| 52.246-5 |
| Inspection Of Services Cost-Reimbursement |
| APR 1984 |
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
19-OCT-2027
| N/A |
| W469 INTEGRA TEST AND EVAL DIR |
W469 US ARMY AIR AND MISSILE DEFENS
BLDG 2527 CHAFFEE ROAD
FORT BLISS TX 79916-6844
443-861-9893
W56DJX
19-OCT-2027
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W56DJX
19-OCT-2027
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W56DJX
19-OCT-2027
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W56DJX
| 52.242-15 Alt I |
| Stop-Work Order (Aug 1989) - Alternate I |
| APR 1984 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
Section G - Contract Administration Data
| 252.204-7006 |
| Billing Instructions |
| OCT 2005 |
CLAUSES INCORPORATED BY FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(a) Definitions. As used in this clause—
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
Invoice 2-in-1 (Services only)
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
| Field Name in WAWF |
| Data to be entered in WAWF |
| Pay Official DoDAAC |
| HQ0490 |
| Service Approver (DoDAAC) |
| W58F4Q |
| Service Acceptor (DoDAAC) |
| W58F4Q |
| Accept at Other DoDAAC |
| W56DJX |
(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. disa.ogeden.esd.mbx.cscassig@mail.mil
Requiring Activity: Annette (Michelle) Bennette Annette.m.bennett.civ@army.mil Contracting Officer Representative: Michelle Bennette Annette.m.bennett.civ@army.mil Alternate Point of Contact: Wesley E. Orwig, wesley.e.orwig.civ@army.mil Alternate Point of Contact: Jeffrey D. Lutz, jeffrey.d.lutz2.civ@army.mil
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
Requiring Activity: Michelle Bennette Annette.m.bennett.civ@army.mil Contracting Officer Representative: Michelle Bennette Annette.m.bennett.civ@army.mil Alternate Point of Contact: Wesley E. Orwig, wesley.e.orwig.civ@army.mil Alternate Point of Contact: Jeffrey D. Lutz, jeffrey.d.lutz2.civ@army.mil
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Section I - Contract Clauses
| 52.202-1 |
| Definitions |
| JUN 2020 |
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-5 |
| Covenant Against Contingent Fees |
| MAY 2014 |
| 52.203-6 |
| Restrictions On Subcontractor Sales To The Government |
| JUN 2020 |
| 52.203-7 |
| Anti-Kickback Procedures |
| JUN 2020 |
| 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 |
| JUN 2020 |
| 52.203-13 |
| Contractor Code of Business Ethics and Conduct |
| DEC 2021 |
| 52.203-16 |
| Preventing Personal Conflicts of Interest |
| JUN 2020 |
| 52.203-19 |
| Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements |
| JAN 2017 |
| 52.204-2 |
| Security Requirements |
| MAR 2021 |
| 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 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| JUN 2020 |
| 52.204-13 |
| System for Award Management Maintenance |
| OCT 2018 |
| 52.204-15 |
| Service Contract Reporting Requirements for Indefinite-Delivery Contracts |
| OCT 2016 |
| 52.204-18 |
| Commercial and Government Entity Code Maintenance |
| AUG 2020 |
| 52.204-19 |
| Incorporation by Reference of Representations and Certifications. |
| DEC 2014 |
| 52.204-21 |
| Basic Safeguarding of Covered Contractor Information Systems |
| DEC 2021 |
| 52.204-23 |
| Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities |
| DEC 2021 |
| 52.204-25 |
| Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment |
| DEC 2021 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| DEC 2021 |
| 52.209-9 |
| Updates of Publicly Available Information Regarding Responsibility Matters |
| OCT 2018 |
| 52.209-10 |
| Prohibition on Contracting With Inverted Domestic Corporations |
| NOV 2015 |
| 52.210-1 |
| Market Research |
| DEC 2021 |
| 52.211-5 |
| Material Requirements |
| AUG 2000 |
| 52.215-2 |
| Audit and Records--Negotiation |
| JUN 2020 |
| 52.215-8 |
| Order of Precedence--Uniform Contract Format |
| OCT 1997 |
| 52.215-10 |
| Price Reduction for Defective Certified Cost or Pricing Data |
| AUG 2011 |
| 52.215-11 (Dev) |
| Price Reduction for Defective Certified Cost or Pricing Data--Modifications (DEVIATION 2022-O0001) |
| OCT 2021 |
| 52.215-12 (Dev) |
| Subcontractor Certified Cost or Pricing Data (DEVIATION 2022-O0001) |
| OCT 2021 |
| 52.215-13 (Dev) |
| Subcontractor Certified Cost or Pricing Data - Modifications (Deviation 2022-O0001) |
| OCT 2021 |
| 52.215-14 |
| Integrity of Unit Prices |
| DEC 2021 |
| 52.215-15 |
| Pension Adjustments and Asset Reversions |
| OCT 2010 |
| 52.215-17 |
| Waiver of Facilities Capital Cost of Money |
| OCT 1997 |
| 52.215-18 |
| Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions |
| JUL 2005 |
| 52.215-19 |
| Notification of Ownership Changes |
| OCT 1997 |
| 52.215-21 Alt III |
| Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications (NOV 2021) - Alternate III |
| OCT 1997 |
| 52.215-23 |
| Limitations on Pass-Through Charges |
| JUN 2020 |
| 52.216-7 |
| Allowable Cost And Payment |
| AUG 2018 |
| 52.216-8 |
| Fixed Fee |
| JUN 2011 |
| 52.216-24 |
| Limitation Of Government Liability |
| APR 1984 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| OCT 2018 |
| 52.219-13 |
| Notice of Set-Aside of Orders |
| MAR 2020 |
| 52.219-14 (Dev) |
| Limitations on Subcontracting (DEVIATION 2021-O0008) |
| SEP 2021 |
| 52.219-17 |
| Section 8(a) Award |
| OCT 2019 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-4 |
| Contract Work Hours and Safety Standards - Overtime Compensation |
| MAY 2018 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| APR 2015 |
| 52.222-26 |
| Equal Opportunity |
| SEP 2016 |
| 52.222-29 |
| Notification Of Visa Denial |
| APR 2015 |
| 52.222-35 |
| Equal Opportunity for Veterans |
| JUN 2020 |
| 52.222-36 |
| Equal Opportunity for Workers with Disabilities |
| JUN 2020 |
| 52.222-37 |
| Employment Reports on Veterans |
| JUN 2020 |
| 52.222-40 |
| Notification of Employee Rights Under the National Labor Relations Act |
| DEC 2010 |
| 52.222-41 |
| Service Contract Labor Standards |
| AUG 2018 |
| 52.222-50 |
| Combating Trafficking in Persons |
| DEC 2021 |
| 52.222-54 |
| Employment Eligibility Verification |
| DEC 2021 |
| 52.222-55 |
| Minimum Wages for Contractor Workers Under Executive Order 14026 |
| JAN 2022 |
| 52.222-62 |
| Paid Sick Leave Under Executive Order 13706 |
| JAN 2022 |
| 52.223-3 |
| Hazardous Material Identification And Material Safety Data |
| FEB 2021 |
| 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 |
| 52.223-16 |
| Acquisition of EPEAT (R) - Registered Personal Computer Products |
| OCT 2015 |
| 52.223-17 |
| Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts |
| AUG 2018 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| JUN 2020 |
| 52.223-20 |
| Aerosols |
| JUN 2016 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| DEC 2021 |
| 52.227-1 |
| Authorization and Consent |
| JUN 2020 |
| 52.227-2 |
| Notice And Assistance Regarding Patent And Copyright Infringement |
| JUN 2020 |
| 52.228-7 |
| Insurance--Liability To Third Persons |
| MAR 1996 |
| 52.232-9 |
| Limitation On Withholding Of Payments |
| APR 1984 |
| 52.232-17 |
| Interest |
| MAY 2014 |
| 52.232-18 |
| Availability Of Funds |
| APR 1984 |
| 52.232-22 |
| Limitation Of Funds |
| APR 1984 |
| 52.232-23 Alt I |
| Assignment of Claims (May 2014) - Alternate I |
| APR 1984 |
| 52.232-25 Alt I |
| Prompt Payment (Jan 2017) Alternate I |
| FEB 2002 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--System for Award Management |
| OCT 2018 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| DEC 2021 |
| 52.233-1 |
| Disputes |
| MAY 2014 |
| 52.233-3 Alt I |
| Protest After Award (Aug 1996) - Alternate I |
| JUN 1985 |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim |
| OCT 2004 |
| 52.237-2 |
| Protection Of Government Buildings, Equipment, And Vegetation |
| APR 1984 |
| 52.239-1 |
| Privacy or Security Safeguards |
| AUG 1996 |
| 52.242-1 |
| Notice of Intent to Disallow Costs |
| APR 1984 |
| 52.242-3 |
| Penalties for Unallowable Costs |
| SEP 2021 |
| 52.242-4 |
| Certification of Final Indirect Costs |
| JAN 1997 |
| 52.242-13 |
| Bankruptcy |
| JUL 1995 |
| 52.243-2 Alt II |
| Changes--Cost Reimbursement (Aug 1987) - Alternate II |
| APR 1984 |
| 52.243-6 |
| Change Order Accounting |
| APR 1984 |
| 52.243-7 |
| Notification Of Changes |
| JAN 2017 |
| 52.244-2 |
| Subcontracts |
| JUN 2020 |
| 52.244-5 |
| Competition In Subcontracting |
| DEC 1996 |
| 52.244-6 |
| Subcontracts for Commercial Products and Commercial Services |
| JAN 2022 |
| 52.245-1 |
| Government Property |
| SEP 2021 |
| 52.245-9 |
| Use And Charges |
| APR 2012 |
| 52.246-25 |
| Limitation Of Liability--Services |
| FEB 1997 |
| 52.246-26 |
| Reporting Nonconforming Items. |
| DEC 2021 |
| 52.247-1 |
| Commercial Bill Of Lading Notations |
| FEB 2006 |
| 52.247-63 |
| Preference For U.S. Flag Air Carriers |
| JUN 2003 |
| 52.249-6 |
| Termination (Cost Reimbursement) |
| MAY 2004 |
| 52.249-14 |
| Excusable Delays |
| APR 1984 |
| 52.251-1 |
| Government Supply Sources |
| APR 2012 |
| 52.251-2 |
| Interagency Fleet Management System (IFMS) Vehicles And Related Services |
| JAN 1991 |
| 52.252-4 |
| Alterations in Contract |
| APR 1984 |
| 52.253-1 |
| Computer Generated Forms |
| JAN 1991 |
| 252.201-7000 |
| Contracting Officer's Representative |
| DEC 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 |
| 252.203-7003 |
| Agency Office of the Inspector General |
| AUG 2019 |
| 252.203-7004 |
| Display of Hotline Posters |
| AUG 2019 |
| 252.204-7000 |
| Disclosure Of Information |
| OCT 2016 |
| 252.204-7002 |
| Payment For Contract Line or Subline Items Not Separately Priced |
| APR 2020 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7004 |
| Antiterrorism Awareness Training for Contractors |
| FEB 2019 |
| 252.204-7006 |
| Billing Instructions |
| OCT 2005 |
| 252.204-7009 |
| Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information |
| OCT 2016 |
| 252.204-7012 |
| Safeguarding Covered Defense Information and Cyber Incident Reporting |
| DEC 2019 |
| 252.204-7015 |
| Notice of Authorized Disclosure of Information for Litigation Support |
| MAY 2016 |
| 252.204-7018 |
| Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services |
| JAN 2021 |
| 252.204-7020 |
| NIST SP 800-171 DoD Assessment Requirements |
| NOV 2020 |
| 252.204-7021 |
| Contractor Compliance with the Cybersecurity Maturity Model Certification Level Requirement |
| NOV 2020 |
| 252.204-7023 Alt I |
| Reporting Requirements for Contracted Services (JUL 2021) Alternate I |
| JUL 2021 |
| 252.205-7000 |
| Provision Of Information To Cooperative Agreement Holders |
| DEC 1991 |
| 252.209-7004 |
| Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism |
| MAY 2019 |
| 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 |
| 252.217-7027 |
| Contract Definitization |
| DEC 2012 |
| 252.219-7010 |
| Notification of Competition Limited to Eligible 8(a) Participants -- Partnership Agreement |
| OCT 2019 |
| 252.219-7011 |
| Notification to Delay Performance |
| JUN 1998 |
| 252.222-7002 |
| Compliance With Local Labor Laws (Overseas) |
| JUN 1997 |
| 252.222-7006 |
| Restrictions on the Use of Mandatory Arbitration Agreements |
| DEC 2010 |
| 252.223-7002 |
| Safety Precautions For Ammunition And Explosives |
| MAY 1994 |
| 252.223-7003 |
| Changes In Place Of Performance--Ammunition And Explosives |
| DEC 1991 |
| 252.223-7004 |
| Drug Free Work Force |
| SEP 1988 |
| 252.223-7006 |
| Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials |
| SEP 2014 |
| 252.223-7008 |
| Prohibition of Hexavalent Chromium |
| JUN 2013 |
| 252.223-7999 |
| Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Deviation 2021-O0009) |
| OCT 2021 |
| 252.223-7999 (Dev) |
| Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Deviation 2021-O0009) |
| OCT 2021 |
| 252.225-7004 |
| Report of Intended Performance Outside the United States and Canada--Submission after Award |
| OCT 2020 |
| 252.225-7013 |
| Duty-Free Entry--Basic |
| APR 2020 |
| 252.225-7043 |
| Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States |
| JUN 2015 |
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
| 252.226-7001 |
| Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns |
| APR 2019 |
| 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 |
| 252.227-7015 |
| Technical Data--Commercial Items |
| FEB 2014 |
| 252.227-7016 |
| Rights in Bid or Proposal Information |
| JAN 2011 |
| 252.227-7019 |
| Validation of Asserted Restrictions--Computer Software |
| SEP 2016 |
| 252.227-7020 |
| Rights In Special Works |
| JUN 1995 |
| 252.227-7026 |
| Deferred Delivery Of Technical Data Or Computer Software |
| APR 1988 |
| 252.227-7027 |
| Deferred Ordering Of Technical Data Or Computer Software |
| APR 1988 |
| 252.227-7030 |
| Technical Data--Withholding Of Payment |
| MAR 2000 |
| 252.227-7037 |
| Validation of Restrictive Markings on Technical Data |
| SEP 2016 |
| 252.227-7039 |
| Patents--Reporting Of Subject Inventions |
| APR 1990 |
| 252.231-7000 |
| Supplemental Cost Principles |
| DEC 1991 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| DEC 2018 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.232-7017 |
| Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and Consideration |
| APR 2020 |
| 252.233-7001 |
| Choice of Law (Overseas) |
| JUN 1997 |
| 252.235-7003 |
| Frequency Authorization |
| MAR 2014 |
| 252.235-7010 |
| Acknowledgment of Support and Disclaimer |
| MAY 1995 |
| 252.235-7011 |
| Final Scientific or Technical Report |
| DEC 2019 |
| 252.237-7010 |
| Prohibition on Interrogation of Detainees by Contractor Personnel |
| JUN 2013 |
| 252.237-7023 |
| Continuation of Essential Contractor Services |
| OCT 2010 |
| 252.239-7000 |
| Protection Against Compromising Emanations |
| OCT 2019 |
| 252.239-7001 |
| Information Assurance Contractor Training and Certification |
| JAN 2008 |
| 252.239-7016 |
| Telecommunications Security Equipment, Devices, Techniques, And Services |
| DEC 1991 |
| 252.239-7098 (Dev) |
| Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites - Representation. (Deviation 2021-O0003) |
| APR 2021 |
| 252.242-7005 |
| Contractor Business Systems |
| FEB 2012 |
| 252.242-7006 |
| Accounting System Administration |
| FEB 2012 |
| 252.243-7002 |
| Requests for Equitable Adjustment |
| DEC 2012 |
| 252.244-7000 |
| Subcontracts for Commercial Items |
| JAN 2021 |
| 252.244-7001 |
| Contractor Purchasing System Administration |
| MAY 2014 |
| 252.245-7001 |
| Tagging, Labeling, and Marking of Government-Furnished Property |
| APR 2012 |
| 252.245-7002 |
| Reporting Loss of Government Property |
| JAN 2021 |
| 252.245-7003 |
| Contractor Property Management System Administration |
| APR 2012 |
| 252.245-7004 |
| Reporting, Reutilization, and Disposal |
| DEC 2017 |
| 252.246-7001 |
| Warranty Of Data |
| MAR 2014 |
| 252.246-7007 |
| Contractor Counterfeit Electronic Part Detection and Avoidance System |
| AUG 2016 |
| 252.246-7008 |
| Sources of Electronic Parts |
| MAY 2018 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| FEB 2019 |
| 252.251-7000 |
| Ordering From Government Supply Sources |
| AUG 2012 |
| 252.251-7001 |
| Use Of Interagency Fleet Management System (IFMS) Vehicles And Related Services |
| DEC 1991 |
52.204-1 APPROVAL OF CONTRACT (DEC 1989)
This contract is subject to the written approval of Senior Contracting Official (SCO) and shall not be binding until so approved.
52.216-18 ORDERING. (AUG 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from through [insert dates].
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered "issued" when--
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or
(3) If sent electronically, the Government either--
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor's email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than (insert dollar figure or quantity), the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor -
(1) Any order for a single item in excess of (insert dollar figure or quantity);
(2) Any order for a combination of items in excess of (insert dollar figure or quantity); or
(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-22 INDEFINITE QUANTITY. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after [insert date].
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days prior to the contract expiration date.
52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) PARTICIPANTS (MAR 2020)
(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer--
(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and
(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.
(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.
(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.
(d) The insert name of SBA's contractor shall notify the insert name of contracting agency Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock.
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern--
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.
(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees if the acquisition--
(1) Was set aside for small business and has a value above the simplified acquisition threshold;
(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or
(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.
(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.
(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it [X] is, [] is not a small business concern under NAICS Code 541330 assigned to contract number TBD.
[Contractor to sign and date and insert authorized signer's name and title.]
52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)
(a) The use of overtime is authorized under this contract if the overtime premium cost does not exceed to be determined at time of TO negotiation or the overtime premium is paid for work --
(1) Necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature;
(2) By indirect-labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting;
(3) To perform tests, industrial processes, laboratory procedures, loading or unloading of transportation conveyances, and operations in flight or afloat that are continuous in nature and cannot reasonably be interrupted or completed otherwise; or
(4) That will result in lower overall costs to the Government.
(b) Any request for estimated overtime premiums that exceeds the amount specified above shall include all estimated overtime for contract completion and shall--
(1) Identify the work unit; e.g., department or section in which the requested overtime will be used, together with present workload, staffing, and other data of the affected unit sufficient to permit the Contracting Officer to evaluate the necessity for the overtime;
(2) Demonstrate the effect that denial of the request will have on the contract delivery or performance schedule;
(3) Identify the extent to which approval of overtime would affect the performance or payments in connection with other Government contracts, together with identification of each affected contract; and
(4) Provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel.
* Insert either "zero" or the dollar amount agreed to during negotiations. The inserted figure does not apply to the exceptions in paragraph (a)(1) through (a)(4) of the clause.
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION
Employee Class Monetary Wage-Fringe Benefits
Fort Bliss, Texas:
| WHD Code | Labor Category | | Grade | Equivalent Rate | |
| 23382 | | Gnd Spt Equip Worker | WG-8 | $31.67 | |
| 14041 | | Computer Operator I | GS-4 | $15.70 | |
| 14042 | | Computer Operator II | GS-5 | $17.56 | |
| 13110 | | Video Teleconf Tech | GS-4 | $19.32 | |
| 05190 | Vehicle Maint/Mech | | $17.31 | | |
| 23183 | | Elect Tech Maint III | WG-10 | $29.58 | |
| 01112 | | Data Clerk | | GS-3 | $15.00 |
Fort Sill, Oklahoma:
| WHD Code | Labor Category | Grade | Equivalent Rate | |
| 14043 | | Computer Operator III | GS-6 | $16.98 |
| 23382 | | Gnd Spt Equip Worker | WG-8 | $19.40 |
| 14041 | | Computer Operator I | GS-4 | $13.61 |
| 14042 | | Computer Operator II | GS-5 | $15.22 |
| 13110 | | Video Teleconf Tech | GS-4 | $14.17 |
| 23183 | | Elect Tech Maint III | WG-10 | $28.36 |
| 01052 | | Data Entry Operator II | GS-3 | $11.70 |
52.227-11 PATENT RIGHTS--OWNERSHIP BY THE CONTRACTOR (MAY 2014)
(a) As used in this clause--
Invention means any invention or discovery that is or may be patentable or otherwise protectable under title 35 of the U.S. Code, or any variety of plant that is or may be protectable under the Plant Variety Protection Act (7 U.S.C. 2321, et seq.)
Made means--
(1) When used in relation to any invention other than a plant variety, the conception or first actual reduction to practice of the invention; or
(2) When used in relation to a plant variety, that the Contractor has at least tentatively determined that the variety has been reproduced with recognized characteristics.
Nonprofit organization means a university or other institution of higher education or an organization of the type described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)) and exempt from taxation under section 501(a) of the Internal Revenue Code (26 U.S.C. 501(a)), or any nonprofit scientific or educational organization qualified under a State nonprofit organization statute.
Practical application means to manufacture, in the case of a composition of product; to practice, in the case of a process or method; or to operate, in the case of a machine or system; and, in each case, under such conditions as to establish that the invention is being utilized and that its benefits are, to the extent permitted by law or Government regulations, available to the public on reasonable terms.
Subject invention means any invention of the Contractor made in the performance of work under this contract.
(b) Contractor's rights. (1) Ownership. The Contractor may retain ownership of each subject invention throughout the world in accordance with the provisions of this clause.
(2) License. (i) The Contractor shall retain a nonexclusive royalty-free license throughout the world in each subject invention to which the Government obtains title, unless the Contractor fails to disclose the invention within the times specified in paragraph (c) of this clause. The Contractor's license extends to any domestic subsidiaries and affiliates within the corporate structure of which the Contractor is a part, and includes the right to grant sublicenses to the extent the Contractor was legally obligated to do so at contract award. The license is transferable only with the written approval of the agency, except when transferred to the successor of that part of the Contractor's business to which the invention pertains.
(ii) The Contractor's license may be revoked or modified by the agency to the extent necessary to achieve expeditious practical application of the subject invention in a particular country in accordance with the procedures in FAR 27.302(i)(2) and 27.304-1(f).
(c) Contractor's obligations. (1) The Contractor shall disclose in writing each subject invention to the Contracting Officer within 2 months after the inventor discloses it in writing to Contractor personnel responsible for patent matters. The disclosure shall identify the inventor(s) and this contract under which the subject invention was made. It shall be sufficiently complete in technical detail to convey a clear understanding of the subject invention. The disclosure shall also identify any publication, on sale (i.e., sale or offer for sale), or public use of the subject invention, or whether a manuscript describing the subject invention has been submitted for publication and, if so, whether it has been accepted for publication. In addition, after disclosure to the agency, the Contractor shall promptly notify the Contracting Officer of the acceptance of any manuscript describing the subject invention for publication and any on sale or public use.
(2) The Contractor shall elect in writing whether or not to retain ownership of any subject invention by notifying the Contracting Officer within 2 years of disclosure to the agency. However, in any case where publication, on sale, or public use has initiated the 1-year statutory period during which valid patent protection can be obtained in the United States, the period for election of title may be shortened by the agency to a date that is no more than 60 days prior to the end of the statutory period.
(3) The Contractor shall file either a provisional or a nonprovisional patent application or a Plant Variety Protection Application on an elected subject invention within 1 year after election. However, in any case where a publication, on sale, or public use has initiated the 1-year statutory period during which valid patent protection can be obtained in the United States, the Contractor shall file the application prior to the end of that statutory period. If the Contractor files a provisional application, it shall file a nonprovisional application within 10 months of the filing of the provisional application. The Contractor shall file patent applications in additional countries or international patent offices within either 10 months of the first filed patent application (whether provisional or nonprovisional) or 6 months from the date permission is granted by the Commissioner of Patents to file foreign patent applications where such filing has been prohibited by a Secrecy Order.
(4) The Contractor may request extensions of time for disclosure, election, or filing under paragraphs (c)(1), (c)(2), and (c)(3) of this clause.
(d) Government's rights--(1) Ownership. The Contractor shall assign to the agency, on written request, title to any subject invention--
(i) If the Contractor fails to disclose or elect ownership to the subject invention within the times specified in paragraph (c) of this clause, or elects not to retain ownership; provided, that the agency may request title only within 60 days after learning of the Contractor's failure to disclose or elect within the specified times.
(ii) In those countries in which the Contractor fails to file patent applications within the times specified in paragraph (c) of this clause; provided, however, that if the Contractor has filed a patent application in a country after the times specified in paragraph (c) of this clause, but prior to its receipt of the written request of the agency, the Contractor shall continue to retain ownership in that country.
(iii) In any country in which the Contractor decides not to continue the prosecution of any application for, to pay the maintenance fees on, or defend in reexamination or opposition proceeding on, a patent on a subject invention.
(2) License. If the Contractor retains ownership of any subject invention, the Government shall have a nonexclusive, nontransferable, irrevocable, paid-up license to practice, or have practiced for or on its behalf, the subject invention throughout the world.
(e) Contractor action to protect the Government's interest. (1) The Contractor shall execute or have executed and promptly deliver to the agency all instruments necessary to--
(i) Establish or confirm the rights the Government has throughout the world in those subject inventions in which the Contractor elects to retain ownership; and
(ii) Assign title to the agency when requested under paragraph (d) of this clause and to enable the Government to obtain patent protection and plant variety protection for that subject invention in any country.
(2) The Contractor shall require, by written agreement, its employees, other than clerical and nontechnical employees, to disclose promptly in writing to personnel identified as responsible for the administration of patent matters and in the Contractor's format, each subject invention in order that the Contractor can comply with the disclosure provisions of paragraph (c) of this clause, and to execute all papers necessary to file patent applications on subject inventions and to establish the Government's rights in the subject inventions. The disclosure format should require, as a minimum, the information required by paragraph (c)(1) of this clause. The Contractor shall instruct such employees, through employee agreements or other suitable educational programs, as to the importance of reporting inventions in sufficient time to permit the filing of patent applications prior to U.S. or foreign statutory bars.
(3) The Contractor shall notify the Contracting Officer of any decisions not to file a nonprovisional patent application, continue the prosecution of a patent application, pay maintenance fees, or defend in a reexamination or opposition proceeding on a patent, in any country, not less than 30 days before the expiration of the response or filing period required by the relevant patent office.
(4) The Contractor shall include, within the specification of any United States nonprovisional patent or plant variety protection application and any patent or plant variety protection certificate issuing thereon covering a subject invention, the following statement, “This invention was made with Government support under (identify the contract) awarded by (identify the agency). The Government has certain rights in the invention.”
(f) Reporting on utilization of subject inventions. The Contractor shall submit, on request, periodic reports no more frequently than annually on the utilization of a subject invention or on efforts at obtaining utilization of the subject invention that are being made by the Contractor or its licensees or assignees. The reports shall include information regarding the status of development, date of first commercial sale or use, gross royalties received by the Contractor, and other data and information as the agency may reasonably specify. The Contractor also shall provide additional reports as may be requested by the agency in connection with any march-in proceeding undertaken by the agency in accordance with paragraph (h) of this clause. The Contractor also shall mark any utilization report as confidential/proprietary to help prevent inadvertent release outside the Government. As required by 35 U.S.C. 202(c)(5), the agency will not disclose that information to persons outside the Government without the Contractor's permission.
(g) Preference for United States industry. Notwithstanding any other provision of this clause, neither the Contractor nor any assignee shall grant to any person the exclusive right to use or sell any subject invention in the United States unless the person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for an agreement may be waived by the agency upon a showing by the Contractor or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, or that under the circumstances domestic manufacture is not commercially feasible.
(h) March-in rights. The Contractor acknowledges that, with respect to any subject invention in which it has retained ownership, the agency has the right to require licensing pursuant to 35 U.S.C. 203 and 210(c), and in accordance with the procedures in 37 CFR 401.6 and any supplemental regulations of the agency in effect on the date of contract award.
(i) Special provisions for contracts with nonprofit organizations. If the Contractor is a nonprofit organization, it shall--
(1) Not assign rights to a subject invention in the United States without the written approval of the agency, except where an assignment is made to an organization that has as one of its primary functions the management of inventions, provided, that the assignee shall be subject to the same provisions as the Contractor;
(2) Share royalties collected on a subject invention with the inventor, including Federal employee co-inventors (but through their agency if the agency deems it appropriate) when the subject invention is assigned in accordance with 35 U.S.C. 202(e) and 37 CFR 401.10;
(3) Use the balance of any royalties or income earned by the Contractor with respect to subject inventions, after payment of expenses (including payments to inventors) incidental to the administration of subject inventions for the support of scientific research or education; and
(4) Make efforts that are reasonable under the circumstances to attract licensees of subject inventions that are small business concerns, and give a preference to a small business concern when licensing a subject invention if the Contractor determines that the small business concern has a plan or proposal for marketing the invention which, if executed, is equally as likely to bring the invention to practical application as any plans or proposals from applicants that are not small business concerns; provided, that the Contractor is also satisfied that the small business concern has the capability and resources to carry out its plan or proposal. The decision whether to give a preference in any specific case will be at the discretion of the Contractor.
(5) Allow the Secretary of Commerce to review the Contractor's licensing program and decisions regarding small business applicants, and negotiate changes to its licensing policies, procedures, or practices with the Secretary of Commerce when the Secretary's review discloses that the Contractor could take reasonable steps to more effectively implement the requirements of paragraph (i)(4) of this clause.
(j) Communications.
All communications between the contractor and the Government shall be through the Contracting Officer.
(k) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (k), in all subcontracts for experimental, developmental, or…
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