B01_-_Adelphi_List_of_Local_Clauses_and_Special_Instructions.docx

Adelphi List of Local Clauses and Special Instructions

ACC - APG POINT OF CONTACT

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

Contract Specialist: Nicole Hernandez Telephone Number: 575-678-4979 E-mail: nicole.g.hernandez2.civ@mail.mil

Contracting Officer Name: Jessica Camunez Telephone Number: 575-678-8283 E-mail: jessica.r.camunez.civ@mail.mil

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: TBD COR Telephone:

COR Email address:

TYPE OF CONTRACT (Reference: 52.216-1)

This is an Indefinite Delivery/ Indefinite Quantity (IDIQ) type contract where Time and Materials (T&M) type task order contracts will be issued.

AUTH OFFICE TO ISSUE ORDERS

In accordance with FAR 16.505 and 252.216-7006, the US Army Contracting Command, Aberdeen Proving Ground, Adelphi Contracting Division at Adelphi, MD is the only activity authorized to issue orders under this contract.

CONTRACTOR MANPOWER REPORTING

ACCOUNTING FOR CONTRACT SERVICES REQUIREMENT – ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (CMRA)

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the [NAMED AGENCY (e.g. Army, Navy, Air Force)] via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page.

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.

All contract submission documents shall be subject to the following distribution statement:

DISTRIBUTION STATEMENT A

Approved for public release; distribution is unlimited.

All information generated from the performance of this contract shall be subject to the following distribution statement:

DISTRIBUTION STATEMENT C

Distribution authorized to U.S. Government Agencies and their contractor for Administrative or Operational Use, determined 19 July 2018. Other reasons for this document shall be referred to the Army Research Laboratory, ATTN: RDRL- CCRL-DS

GOV INSPECTION AND ACCEPTANCE

Government Inspection and Acceptance shall be performed at U.S. Army Research Laboratory by an authorized Government Representative.

DELIVERY OF DATA ITEMS

All technical data shall be delivered in accordance with the DD 1423s attached to Section J of this contract. Data items which require distribution to DTIC shall be submitted electronically at http://www.dtic.mil/dtic/submit/, or mailed to the following address:

Defense Technical Information Center (DTIC)

ATTN: DTIC-OA

8725 John J. Kingman Road, Suite 0944 Ft. Belvoir, VA 22060-6218

TAX EXEMPTION CERTIFICATE (ARL)

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

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

PAYMENT INSTRUCTIONS

The payment office shall allocate and record the amounts paid to the accounting classification citations in the contract using the table at DFARS PGI 204.7108(b)(2) [link below] based on the type of payment request submitted and the type of effort.

https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions

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.

T&M or LH COST DETAILS

TIME AND MATERIALS OR LABOR HOUR COST DETAILS

TO BE COMPLETED UPON CONTRACT AWARD

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

(b) TRAVEL - All travel costs associated with this contract will be directly reimbursed at actual cost (see paragraph (3) below), not to exceed Volume II of the Joint Travel Regulations.

(c) TIME AND MATERIALS RATES

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

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

LOADED RATE LOADED RATE

LABOR CATEGORY ON CONTRACTOR SITE OFF CONTRACTOR SITE

(P-2)

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

(3) GENERAL & ADMINISTRATIVE EXPENSE - "Materials and Subcontracts", as allowed pursuant to the clause entitled, "Payments Under Time and Materials and Labor-Hour Contracts" (FAR 52.232-7(b)), shall be considered to mean all Other Direct Costs (ODC’s) applicable to this contract and will be reimbursed at actual cost. However, General and Administrative Expense (G&A) may also be included in the charge for ODC's (as defined in this paragraph) to the extent they are CLEARLY EXCLUDED from the loaded hourly rates.

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

INVOICING

(a) The Contractor shall segregate and bill separately for work performed under each task order issued under this contract. Costs of performing work set forth in one task order shall not be chargeable or payable under any other task order. In addition, if the task order contains multiple CLINS, the Contractor shall segregate and bill separately for work performed under each CLIN of the task order. Costs of performing work set forth in one CLIN shall not be chargeable or payable under any other CLIN.

(b) Each order will be numbered as it is issued to the Contractor by the Contracting Officer or his authorized representative. This order number is to appear on all work accomplished and on all invoices. Invoices may be submitted on a monthly basis.

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.

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.

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.

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.

USE OF GOV’T FACILITIES

AUTHORIZATION TO USE GOVERNMENT FACILITIES

The Government authorizes the use of Government-owned facilities accountable under Contract Number W911QX-XX-X-XXXX in the performance of this contract. These facilities are furnished on a rent-free and non-interference basis.

CPARS

CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS) RESPONSIBILITIES & REPORTING

In order to ensure the timely completion of contractor performance reports/assessments within the Contractor Performance Assessment Reporting System (CPARS), the following individuals are assigned these specific roles within the system:

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

• Ensuring that the contract is registered in CPARS

• Input of evaluation information

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

• Assisting the RO, as necessary

Insert, the information for the COR, PM or other person from the requiring activity responsible for writing the CPAR/report and rating the contractor’s performance.

Name (fill-in) ____________________________ Title (fill-in) _____________________________ Email (fill-in) ____________________________

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

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

• Reviewing evaluation information provided by the AO/CORs

• Validates and sends to the Contractor Representative

• Finalizes the CPAR report after acceptance by the Contractor Representative

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

Name (fill-in) ____________________________ Title (fill-in) _____________________________ Email (fill-in) ____________________________

Designated Contractor Representative The contractor shall designate representatives to whom the evaluations will be sent automatically and electronically. The name, title, e-mail address and phone number of the designated contractor representative shall be provided to the AO who will, in turn, provide that information to the Activity CPARS Focal Point for authorization access. Any changes in designated contractor personnel shall be the sole responsibility of the contractor to inform the AO and the Activity CPARS Focal Point. The designated contractor representative has the authority to:

• Receive the Government evaluation from the AO

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

• Request RO review

Insert, name title, email address of PM or other person from the contract‘s officer acting as Designated Contractor Representative and with the responsibility of receiving, reviewing and /or commenting on the reports/assessment.

Name (fill-in) ____________________________ Title (fill-in) _____________________________ Email (fill-in) ____________________________

Reviewing Official (RO) The RO provides the check-and-balance when there is disagreement between the AO and the contractor. The RO must review and sign the assessment when the contractor indicates non-concurrence with the CPAR. The RO must be a Government employee. The RO has the authority to:

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

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

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

Name (fill-in) ____________________________ Title (fill-in) _____________________________ Email (fill-in) ____________________________

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

Frequency of Reporting

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

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

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

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

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

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

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

Quality review of the entire evaluation consists of:

• Forwarding the Government evaluation information to the contractor (check with local policy whether the RO or Contracting Officer should be forwarded a copy prior to its submittal to the contractor)

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

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

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

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

CLARIFICATION OF 52.244-2

CLARIFICATION OF CLAUSE 52.244-2 SUBCONTRACTS

The phrase “5 percent of the total estimated cost of the contract” used within clause 52.244-2(c)(2)(i) and (ii) is hereby clarified to mean “5 percent of the total estimated cost of the cognizant order”, when being evaluated in the context of subcontracts on an order.

DFARS COMMERCIAL CLAUSES

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

As prescribed in DFARS 212.301, the following provisions and clauses that have been selected are included in this contract by reference. Selection is defined as having a mark in the blank space to the left of the clause title. Unselected clauses are not included in this contract.

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

____ 252.203-7005, Representation Relating to Compensation of Former DoD Officials, as prescribed in 203.171-4(b).

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

____ 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Information, as prescribed in 204.7304(b).

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

____ 252.204-7013, Limitations on the Use or Disclosure of Information by Litigation Support Solicitation Offerors, as prescribed in 204.7403(a), to comply with 10 U.S.C. 129d.

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

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

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

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

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

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

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

____ 252.213-7000, Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System—Statistical Reporting in Past Performance Evaluations, as prescribed in 213.106-2-70.

____ 252.215-7003, Requirements for Submission of Data Other Than Certified Cost or Pricing Data—Canadian Commercial Corporation, as prescribed at 215.408(3)(i).

____ 252.215-7004, Requirement for Submission of Data other Than Certified Cost or Pricing Data—Modifications—Canadian Commercial Corporation, as prescribed at 215.408(3)(ii).

____ 252.215-7007, Notice of Intent to Resolicit, and ____ 252.215-7008, Only One Offer, as prescribed in 215.408(3) and (4), respectively.

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

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

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

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

____ 252.219-7000, Advancing Small Business Growth, as prescribed in 219.309(1), to comply with 10 U.S.C. 2419.

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

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

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

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

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

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

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

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

____ 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals, as prescribed in 225.7003-5(a)(2), to comply with 10 U.S.C. 2533b.

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

____ 252.225-7012, Preference for Certain Domestic Commodities, as prescribed in 225.7002-3(a), to comply with 10 U.S.C. 2533a.

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

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

____ 252.225-7017, Photovoltaic Devices, as prescribed in 225.7017-5(a), to comply with section 846 of Pub. L. 111-383.

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

____ 252.225-7020, Trade Agreements Certificate, as prescribed in 225.1101(5)(i), to comply with 19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note. Alternate I also implements section 886 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).

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

____ 252.225-7021, Trade Agreements as prescribed in 225.1101(6)(i), to comply with 19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note. Alternate I also implements section 886 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).

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

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

____ 252.225-7024, Requirement for Products or Services from Iraq or Afghanistan, as prescribed in 225.7703-5(b), to comply with section 886 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).

____ 252.225-7026, Acquisition Restricted to Products or Services from Iraq or Afghanistan, as prescribed in 225.7703-5(c), to comply with section 886 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).

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

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

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

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

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

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

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

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

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

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

____ 252.225-7036, Buy American--Free (B) Trade Agreements-- Balance of Payments Program as prescribed in 225.1101(10)(i)(A), to comply with 41 U.S.C. chapter 83 and 19 U.S.C. 3301 note. Alternates II, III, and V also implement section 886 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).

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

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

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

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

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

____ 252.225-7037, Evaluation of Offers for Air Circuit Breakers, as prescribed in 225.7006-4(a), to comply with 10 U.S.C. 2534(a)(3).

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

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

____ 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States, as prescribed in 225.7402-5(a).

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

____ 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities—Representations, as prescribed at 225.772-5.

____ 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism, as prescribed in 225.771-5, to comply with 10 U.S.C. 2327(b).

__X__ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns, as prescribed in 226.104, to comply with section 8021 of Pub. L. 107-248 and similar sections in subsequent DoD appropriations acts.

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

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

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

____ 252.227-7015, Technical Data–Commercial Items, as prescribed in 227.7102-4(a)(1), to comply with 10 U.S.C. 2320, to comply with 10 U.S.C. 7317 and 17 U.S.C. 1301, et. seq.

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

____ 252.232-7009, Mandatory Payment by Government-wide Commercial Purchase Card, as prescribed in 232.1110.

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

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

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

__X__ 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel, as prescribed in 237.173-5, to comply with section 1038 of Pub. L. 111-84.

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

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

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

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

____ 252.239-7018, Supply Chain Risk, as prescribed in 239.7306(b), to comply with section 806 of Pub. L. 111-383, in all solicitations and contracts involving the development or delivery of any information technology, whether acquired as a service or as a supply.

_X___ 252.243-7002, Requests for Equitable Adjustment, as prescribed in 243.205-71, to comply with 10 U.S.C. 2410.

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

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

____ 252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military Operations, as prescribed in 246.270-4, to comply with section 807 of Pub. L. 111-84.

____ 252.246-7008, Sources of Electronic Parts, as prescribed in 246.870-3(b), to comply with section 818(c)(3) of Pub. L. 112-81, as amended by section 817 of the National Defense Authorization Act for Fiscal Year 2015 (Pub. L. 113-291).

____ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer, as prescribed in 247.207, to comply with section 884 of Pub. L. 110-417.

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

__X__ 252.247-7023, Transportation of Supplies by Sea, as prescribed in 247.574(b)(1), to comply with the Cargo Preference Act of 1904 (10 U.S.C. 2631(a)).

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

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

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

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

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

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

____ 252.247-7028, Application for U.S Government Shipping Documentation/Instructions, as prescribed in 247.207.

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.

DEBRIEF OF UNSUCCESSFUL OFFERS

DEBRIEFING OF UNSUCCESSFUL OFFERORS

Proposals in response to this solicitation will be evaluated as set forth in Section M hereof. Any contract awarded as a result of this solicitation may be on a basis other than lowest price. After award is made, the Contracting Officer will provide a debriefing of unsuccessful offerors, upon their written request, to furnish the basis for the selection decision and contract award. (See FAR 15.506.)

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

FOREIGN NATIONALS PERFORMING

FOREIGN NATIONALS PERFORMING UNDER CONTRACT

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

Offerors who expect to employ foreign nationals in the anticipated effort shall submit with their proposals documentary evidence verifying employment eligibility of the foreign nationals in accordance with 8 CFR 274a.12. Offerors not employing foreign nationals in performance of any resultant contract may disregard this provision.

For further information, please contact: Army Research Laboratory Adelphi Laboratory Center

ATTN: AMSRL-CS-IO-FI

2800 Powder Mill Road Adelphi, MD 20783-1197

PAYMENT TERMS

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

DD FORM 1423

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) (0003) 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.

CMRA CLIN INSTRUCTIONS

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) (0004) is/are the CLIN(s) under which the contractor shall bill for all costs associated with the CMRA requirement.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)

Instructions, Conditions and Notices to Bidders

1. INTRODUCTION

This is a Request for Proposal (RFP) under W911QX-19-Q-0063. It is the intention of the Government to award a Time and Materials (T&M) contract via an Indefinite Delivery Indefinite Quantity (IDIQ) contract vehicle to one (1) source and comprised of a three (3) year ordering period. The North American Industry Classification System (NAICS) code for this acquisition is 512110 – Motion Picture and Video Production and the Business Size Standard is $32,500,000.00

The offeror’s proposal shall be submitted electronically via email to the designated ARL representatives: Jessica Camunez, Contracting Officer, Jessica.r.camunez.civ@mail.mil, Nicole Hernandez, Contract Specialist, nicole.g.hernandez2.civ@mail.mil. The offeror’s proposal shall consist of four (4) volumes. The Volumes are I –Technical in response to the PWS and Sample Tasks, II – Past Performance, III –Price/Rates, and IV – Solicitation, Offer and Award Documents and Certifications/Representations. Files shall not contain classified data. Additionally, the use of hyperlinks in proposals is prohibited.

Offerors are cautioned that “parroting” of the Technical requirements of the PWS and Sample Efforts with a statement of intent to perform does not reflect an understanding of the requirement or capability to perform. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal. The Offeror shall ensure that Proprietary information is clearly marked.

Questions concerning this solicitation must be submitted in writing to Jessica.r.camunez.civ@mail.mil and nicole.g.hernandez2.civ@mail.mil by 11:59 AM Mountain Standard Time (MST) on 28 May 2019. All questions concerning the solicitation must include Company Name, Point of Contact and Title, Telephone Number, Email Address and Fax Number. Questions received without the aforementioned information will not be answered. No additional questions will be accepted after this deadline. Questions will be answered by the issuance of a solicitation amendment. The following reflects estimated milestones and is subject to changes by the Government.

Solicitation Release Solicitation Question & Answer submission date Solicitation Q&A Response Solicitation Closing Date 9 May 2019 15 May 2019 17 May 2019 28 May 2019

2. PROPOSAL SUBMISSION REQUIREMENTS

1. Each volume shall be submitted electronically via email. Any pages that are changed (as a result of negotiations or proposal revisions) should be in track changes. The revised pages shall be dated.

1. Each paragraph shall be separated by at least one (1) blank line. A standard, 12-point minimum font size applies. Arial or New Times Roman fonts are required. Tables and illustrations may use a reduced font size no less than 8-point and may be landscape. All videos shall be provided in mp4 format.

c. The following volumes of material shall be submitted:

NOTE: Pages that exceed the required page limitations will not be evaluated. Additional pages over the maximum allowed will be removed or not read and will not be evaluated by the Government. Manpower charts and the Small Business subcontracting plan are excluded from the page number limitation.

3. PROPOSAL FILES

a. Format. The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date, and solicitation number in the header and/or footer. A Table of Contents should be created using the Table of Contents feature in MS Word. MS Word (.doc) files shall use the following page setup parameters:

Margins – Top, Bottom, Left, Right 1” Gutter – 0” From Edge – Header, Footer 0.5” Page Size, Width – 8.5” Page Size, Height – 11”

The following additional restrictions apply:

a. Each paragraph shall be separated by at least one (1) blank line. A standard, 12 point minimum font size applies.

Arial or Times New Roman fonts are required. Tables and illustrations may use a reduced font size not less than 10 point and may be landscape.

b. File Packaging. All of the proposal files shall be compressed (zipped) into one file entitled proposal.zip using WinZip version 6.2 or later, or as separate uploads in their native format, i.e. doc, xls, ppt, etc. **Please note Self extracting .exe files are no longer accepted.**

c. Content Requirements. All information shall be confined to the appropriate file. The offeror shall confine submissions to essential matters, sufficient to define the proposal and provide adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each proposal. Each file of the proposal shall consist of a Table of Contents, Summary Section, and the Narrative discussion. The Summary Section shall contain a brief abstract of the file. Proprietary information shall be clearly marked. The following shall be included in the Narrative discussion:

(i) VOLUME I – TECHNICAL The Technical Volume shall be clear, concise, and include sufficient detail for effective evaluation and for substantiating the validity of stated claims in the Offeror’s proposal. The Offerors shall submit the technical documentation to support the Contract requirements set forth in the PWS and Sample Task(s). Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the Offeror’s proposal. Legibility, clarity and coherence are very important. Offeror’s responses will be evaluated against their ability to meet all the required factors as follows:

Technical Documentation

The Offerors shall submit the technical documentation to support the requirements set forth in this solicitation. The Offerors shall ensure their technical documentation addresses the following (at a minimum):

In Response to the PWS:

a) A clear and reasonable approach of how they will address the Performance Work Statement (PWS).

b) Demonstrate expertise in all areas of the PWS including, but not limited to, filming experience with a minimum of two 02) years’ experience, as indicated in the Past Performance factors.

c) Provide labor categories to include descriptions of the categories, for all proposed Personnel for completing of tasks described (reference PWS section C.4.1 and C.4.2), stating education, skills, certifications and experience in the area of video production and video streaming.

d) Procedures to ensure schedule and performance standards are met, as detailed in the PWS.

e) Quality Control (QC) and Quality Assurance (QA) procedures to ensure proper oversight for personnel, training, facilities, equipment, supplies, services, and subcontractors as shown in a detailed proposal and as evaluated within Past Performance factors.

f) Detailed procedures that describes and demonstrates an approach for recruiting, vetting, preparing, hiring, replacement, and retention of all personnel to ensure the appropriate background, knowledge, and skills for the performance of this contract.

In Response to the Sample Tasks:

a) A clear and reasonable approach of how they will address the Sample Tasks with a strict adherence to all required Sample Task documentation.

b) Demonstrate expertise in all areas of the Sample Tasks.

c) Provide proposed labor categories and personnel for completion of Sample Tasks.

d) Quality Control (QC) and Quality Assurance (QA) procedures to ensure proper oversight for personnel, training, facilities, equipment, supplies, services, and subcontractors needed for completion of the Sample Task.

e) A sample video of work done that addresses the requirements in each Sample Task.

(ii) VOLUME II – PAST PERFORMANCE.

This Past Performance volume shall contain past performance information regarding past performance of similar contracts. This volume shall not exceed ten (10) pages, Excluding Past Performance Questionnaire Forms. (See below PAST PERFORMANCE INFORMATION)

In the case of a Joint Venture, the Government will consider the relevant experience and past performance history of the stated primary joint venture partner (if a primary joint venture partner is assigned) and will evaluate the individual venture partners of the proposed joint venture that are expected to perform a meaningful role (10 percent or more of the proposed effort) in evaluating the past performance. Offerors shall submit the first page of Government and/or commercial contracts for the prime offeror, Joint Venture Partner(s) in performance or awarded during the past two (2) years, from the issue date of this RFP, that is the same as or similar to, the scope, magnitude, and complexity of the work described by this solicitation. Relevant efforts are defined as services/efforts that are the same as or similar to the capability to provide Video Production and Video Streaming services and support for the Army Research Laboratory. Data concerning the offeror shall be provided first, followed by each Joint Venture Partner, in alphabetical order.

The offeror shall demonstrate relevant past performance or affirmatively state that it possesses no relevant past performance. The Offeror shall also submit the written consent (in the offerors preferred format) to allow the disclosure of its past performance information to the Offeror. In addition, letters of commitment (in the offerors preferred format) shall be included for all major Subcontractors for their past performance to be considered (letters of commitment and written consent do not count against the allotted page count).

(1) Section 1 – Contract Descriptions. This section shall include the following information in the following format:

(a) Contractor/ Joint Venture Partner place of performance, CAGE Code and DUNS Number. If the work was performed as a subcontractor, also provide the name of the prime contractor and Point of Contact (POC) within the prime contractor organization (name, and current address, e-mail address, and telephone and fax numbers).

(b) Government contracting activity, and current address, Procuring Contracting Officer’s name, e-mail address, telephone and fax numbers.

(c) Government’s technical representative/ Contracting Officer Representative (COR) and current email address, telephone and fax numbers.

(d) Government contract administration activity and the Administrative Contracting Officer’s name, and current e-mail address, telephone and fax number.

(e) Government contract administration activity’s Pre-Award Monitor’s name, and current e-mail address, telephone and fax numbers.

(f) Contract Number and, in the case of Indefinite Delivery type contracts, GSA contracts, and Blanket Purchase Agreements, include Delivery Order Numbers also.

(g) Contract Type (specific type such as Fixed-Price (FP), Cost Reimbursement (CR), Time & Materials (T&M), etc.). In the case of Indefinite Delivery contracts, indicate specific type (Requirements, Definite Quantity, and Indefinite Quantity) and secondary contract type (FP, CR, T&M, etc.).

(h) Awarded price/cost.

(i) Final or projected final price/cost.

(j) Original delivery schedule, including…