A02_-_Provisions_and_Clauses_Full-Text_Attachment.doc

Provisions and Clauses Full-Text Attachment

APG-ADL-B.5152.206-4400 INTENT TO SOLICIT ONLY ONE SOURCE (FEB 2015)

The proposed contract action is for supplies or services for which the Government is soliciting and negotiating with only one source under the authority of FAR 13.106-1(b)(1)(i) “Only One Responsible Source”. The name of the company the Government intends to award a contract to is BMSEED, LLC, Center for Entrepreneurial Innovation, Suite 135, 275 N. Gateway Drive, Phoenix, AZ 85034, USA. This notice of intent is not a request for competitive proposals. However, the Government will consider all proposals received prior to the closing date and time of this solicitation.

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APG-ADL-B.5152.204-4409

ACC - APG POINT OF CONTACT (APR 2011)

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

Contract Specialist: Alberta Stadtler Telephone Number: 301-394-1080 E-mail: alberta.r.stadtler.civ@mail.mil Contracting Officer: Allison Murray Telephone number: 301-394-0754 E-mail: allison.s.murray.civ@mail.mil

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APG-ADL-B.5152.204-4411

TECHNICAL POINT OF CONTACT (DEC 2002)

TPOC Name: TO BE INDENTIFIED AT CONTRACT AWARD Telephone:

Email:

Fax:

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APG-ADL-B.5152.216-4407

TYPE OF CONTRACT (SEP 1999)

This is a Firm Fixed Price type of contract.

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APG-ADL-E.5152.246-4400 GOVERNMENT INSPECTION AND ACCEPTANCE (SEP 1999)

Government Inspection and Acceptance shall be performed at Aberdeen Proving Ground by an authorized Government Representative.

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PAYMENT OFFICE (BANKCARD)

PAYMENT OFFICE (BANKCARD - INVOICES REQUIRED)

Invoice:

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

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

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

The invoice must include all of the following:

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

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

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

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

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

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

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

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

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

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

The invoice will be forwarded by the Bankcard Invoice Processing Office personnel to the procuring activity’s Technical Representative for approval, and then will be paid by bankcard.

Receiving Report:

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

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

The receiving report must include all of the following:

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

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

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

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

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APG-ADL-G.5152.232-4418 TAX EXEMPTION CERTIFICATE (SEP 1999)

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

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

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APG-ADL-L.5152.215-4441

US ARMY CONTRACTING COMMAND (ACC-APG) – ADELPHI CONTRACTING DIVISION WEBSITE

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

REQUIRING ACCESS TO COMPUTER

PERFORMANCE REQUIRING ACCESS TO COMPUTER SYSTEMS

All contractor personnel, to include both U.S. Citizens and Foreign Nationals, shall have a completed, favorably adjudicated National Agency Check (NAC) prior to accessing any U.S. Army Research Laboratory (ARL) computer. The NAC shall remain on file at either the contractor's Security Office or the resident ARL Security Office or both. For contract performance requiring access to any ARL computer system a completed/approved ARL Form 135-R (Guest Researcher and Contractor Information Systems Access Request) shall be on file for review and retention by the resident ARL Security office.

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RECEIVING ROOM REQUIREMENTS - ALTERNATE I (APG)

At ABERDEEN PROVING GROUNDS truck shipments are accepted Monday through Friday (except holidays) from 8:00 AM to 3:30 PM only at:

US Army Research Lab Shipping and Receiving

ATTN: (PR#)

6375 Johnson Road, Bldg 321

Aberdeen Proving Ground, MD 21005.

Suppliers shall affix packing slips to the outside of any packages delivered under this contract. Packing slips must be clearly identified and easy to retrieve enclosed packing papers. To coordinate/schedule deliveries, contact Bldg. 321 at 410-278-4406.

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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.

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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.

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PAST PERFORMANCE INFORMATION

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

A. A listing of the last 2 contracts and/or subcontracts completed during the past three years, including all contracts and subcontracts currently in process. Contracts listed may include those entered into with the Federal Government, agencies of state or local governments and commercial customers. However, more reliance will be given to: performance on contracts of a similar nature than those that are less similar; performance on prior agency or federal contracts than on those with state or local governments or private parties; and performance on more recent contracts than that on older contracts. Offerors without prior contracts experience should list contracts and subcontracts as required above for all key personnel. Include the following information for each contract and subcontract:

1. Name of contracting activity

2. Contract number

3. Contract type

4. Total contract value

5. Synopsis of contract effort

6. Contracting officer and telephone

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

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

9. List of major subcontractors

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

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

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

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52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

· FAR - http://farsite.hill.af.mil/vffara.htm

· DFARS - http://farsite.hill.af.mil/vfdfara.htm

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EXCEPTIONS IN PROPOSAL

EXCEPTIONS OR CONDITIONS CONTAINED IN OFFEROR'S PROPOSAL

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

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AWARD OF CONTRACT

No award will be made for less than the full quantities solicited. Any offeror proposing less than the full quantities will be considered nonresponsive.

(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).

Combo

(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

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

D/D - Destination/Destination

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC

HQ0490

Issue By DoDAAC

W911QX

Admin DoDAAC

W911QX

Inspect By DoDAAC

W813LT

Ship To Code

W813LT

(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.

Contracting Officer: Allison Murray, (301) 394-0754, allison.s.murray.civ@mail.mil Contract Specialist: Alberta Stadtler Technical Point of Contact: TO BE FILLED IN AT TIME OF AWARD

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

N/A

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

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PAYMENT TERMS

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

(End of clause)

Template last updated 7/14/2015