A07_-_Provisions_and_Clauses_Full-Text_document.doc

SECTION B

B.1

ACC - APG POINT OF CONTACT

ACC - APG POINT OF CONTACT

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

Contract Specialist: Jamie White Telephone Number: (301) 394-1615 E-mail: Jamie.white2.civ@mail.mil Contracting Officer: Daniel Dougherty

Telephone number (301) 394-4680

E-mail: daniel.p.dougherty14.civ@mail.mil B.2

GARRISON-ALC POINT OF CONTACT

To be filled at award

U.S. ARMY GARRISON - ALC POINT OF CONTACT

The U.S. Army Garrison - ALC point of contact for this action is:

Garrison POC Name: (P-1) Telephone Number: (P-2)

Email: (P-3)

Fax: (P-4)

B.4

CONTRACTING OFFICER REP

To be filled at award

CONTRACTING OFFICER’S REPRESENTATIVE (COR)

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

COR Name: (P-1)

COR Telephone: (P-2)

COR Email address: (P-3)

B.6

TYPE OF CONTRACT

TYPE OF CONTRACT (Reference: 52.216-1)

This is a Firm-Fixed Price (FFP) type of contract.

SECTION C

C.1

NON-PERSONAL SERVICES

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

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

Contractor employees performing services under this contract shall be controlled, directed and supervised at all times by management personnel of the contractor. The contractor's management shall ensure that employees properly comply with the performance standards outlined in this Performance Work Statement and as required by the contracting officer or the contracting officer's representative (COR). Contractor employees shall perform independent of and without the supervision of any Government official. Actions of contractor employees may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the U.S. Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government shall control access to the facility and shall perform the inspection and acceptance of completed work and tasks.

SECTION D

D.1

DISTRIBUTION STATEMENT A

DISTRIBUTION STATEMENT A

Approved for public release; distribution is unlimited.

SECTION E

E.1

GOV INSPECTION AND ACCEPTANCE

GOVERNMENT INSPECTION AND ACCEPTANCE

Government Inspection and Acceptance shall be performed at US Army Research Laboratories by an authorized Government Representative.

SECTION F

F.1

EXERCISE OF OPTION

EXERCISE OF OPTION

The Contracting Officer may exercise the option(s) contained at CLIN(s) 0004-0005 by written modification to the contract at any time during the Period of Performance(POP) of contract.

SECTION G

APG-ADL-G.5152.232-4418G TAX EXEMPTION CERTIFICATE (OCT 2013)

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

The Federal Tax Identification number for the Garrison / Adelphi Laboratory Center is: 54-0887499.

(End of clause)

SECTION H

H.17

SUPERVISION OF EMPLOYEES

The Contractor's employees shall remain under the Contractor's direct supervision at all times. Although the Government will issue tasks and coordinate directions within the scope of the contract, detailed instructions for Contractor employees and supervision of individual workers shall remain the responsibility of the Contractor.

H.18

WORK HOURS

Normal work hours are from 7:45 A.M. through 4:15 P.M, Monday through Friday. Contractors will not be permitted to work on Saturdays, Sundays or legal holidays (or hours/days on which the installation is officially opening late, closing early, or is closed entirely, for any reason, unless otherwise authorized by the Contracting Officer. Furthermore, if the Contractor chooses to pay its' employees for these days, such costs shall not be charged as a direct expense to this contract. However, Saturdays, Sundays and legal holidays are included in computation of performance of this contract. The following legal holidays will be observed:

January 1st

3rd Monday of January

3rd Monday of February

Last Monday of May

July 4th

1st Monday of September

2nd Monday of October

November 11th

4th Thursday of November

December 25th

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

H.19

ID OF CONTRACTOR EMPLOYEES

IDENTIFICATION OF CONTRACTOR EMPLOYEES

All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties, are required to identify themselves as such. All contractor communications made in writing must clearly identify the author as a contractor employee. In contractor communications made via telephone or email (where it is impossible for the other party to view a contractor badge or know that they are not communicating with another Government employee), the contractor must clearly identify themselves as a contractor employee. All contractor email messages must contain the contractor name in full text.

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

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

H.20

GOV’T-CONTRACTOR RELATIONSHIPS

GOVERNMENT-CONTRACTOR RELATIONSHIPS

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

b. Contractor personnel under this contract shall not:

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

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

(3) be placed in a position of command, supervision, administration or control over DA Military or Civilian personnel, or personnel of other contractors, or become a part of the Government organization.

(4) be used for the purpose of avoiding manpower ceilings or other personnel rules and regulations of DA or the Civil Service Commission.

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

c. Employee Relationships:

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

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

Additional PWS Language For contractors authorized to accompany the force. DFARS Clause 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States. The clause shall be used in solicitations and contracts that authorize contractor personnel to accompany US Armed Forces deployed outside the US in contingency operations; humanitarian or peacekeeping operations; or other military operations or exercises, when designated by the combatant commander. The clause discusses the following AT/OPSEC related topics: required compliance with laws and regulations, pre-deployment requirements, required training (per combatant command guidance), and personnel data required.

SECTION I

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

SECTION L

L.15

ADELPHI CONTR. DIVISION URL

ADELPHI CONTRACTING DIVISION WEBSITE

Offeror(s) may access the Adelphi Contracting Division website at: http://www.arl.army.mil/www/default.cfm?page=509 L.17

PAYMENT TERMS

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

L.19

INCREMENTAL FUNDING

The Government anticipates incrementally funding any contract that may result from this solicitation.

L.23

DD FORM 1423

To be filled at award

DD FORM 1423 - CONTRACT DATA REQUIREMENTS LIST

As part of its proposal, the offeror shall provide the estimated total cost (if any) expected to be incurred in order to comply with the DD1423. The Data CLIN (P-1) is not separately priced (NSP). CLIN(s) (P-2) is/are the CLIN(s) under which the contractor shall bill for all costs associated with the DD1423 requirement.

Data item description identification numbers listed on the DD Form 1423 are non-modified Data Item Descriptions and are incorporated by reference and available in accordance with DFARS 211.2. Modified Data Item Description Sheets, if any, are included as an attachment to the DD Form 1423.

L.24

CMRA CLIN INSTRUCTIONS

To be filled at award

CMRA CLIN INSTRUCTIONS

As part of its proposal, the offeror shall provide the estimated total cost (if any) expected to be incurred in order to comply with the Contractor Manpower Reporting Application (CMRA) requirement. The CMRA CLIN is not separately priced (NSP). CLIN(s) (P-1) is/are the CLIN(s) under which the contractor shall bill for all costs associated with the CMRA requirement.

APG-ADL-L.5152.203-4440 AMC-LEVEL PROTEST PROGRAM (OCT 2016)

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103(e). Send protests (other than protests to the contracting officer) to:

Headquarters U.S. Army Materiel Command

Office of Command Counsel-Deputy Command Counsel

4400 Martin Road

Rm: A6SE040.001

Redstone Arsenal, AL 35898-5000

Fax: (256) 450-8840

E-mail: usarmy.redstone.usamc.mbx.protests@mail.mil

The AMC-level protest procedures are found at:

http://www.amc.army.mil/amc/commandcounsel.html