B01_-_Provisions_and_Clauses_Full_Text_Attachment.pdf

ACC - APG POINT OF CONTACT

ACC - APG POINT OF CONTACT

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

Contract Specialist: Sergio Molina Telephone Number: (301) 394-2388 E-mail: sergio.j.molina.civ@mail.mil

Contracting Officer Name: Tommy Kim Telephone Number: (301) 394-0754 E-mail: tommy.i.kim.civ@mail.mil

GARRISON-ALC POINT OF CONTACT

U.S. ARMY GARRISON - ALC POINT OF CONTACT

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

Garrison POC Name: TO BE PROVIDED AT TIME OF AWARD Telephone Number: (P-2) Email: (P-3) Fax: (P-4)

TYPE OF CONTRACT

TYPE OF CONTRACT (Reference: 52.216-1)

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

GOV INSPECTION AND ACCEPTANCE

GOVERNMENT INSPECTION AND ACCEPTANCE

Government Inspection and Acceptance shall be performed at US Army Research Lab, Adelphi, MD by an authorized Government Representative.

ADELPHI BANKCARD - DPW

ADELHI LABORATORY CENTER BANKCARD PAYMENT – DPW

Invoice:

Contractor shall send invoice(s) to the Adelphi Laboratory Center, Garrison Bankcard Processing by electronic mail to: crystal.n.dimond.civ@mail.mil

ADELPHI LABORATORY CENTER

Directorate of Public Works (DPW)

DPW Bankcard Invoice Processing 2800 Powder Mill Road Attn: IMAL-PWF, Bldg 103/Room 202

Adelphi, Maryland 20783-1197 Phone: 301-394-1063

Ms. Dimond will coordinate with the procuring activity’s Contracting Officer/Technical Representative and obtain invoice approval. The submitted invoice will then be paid by Government bankcard.

Receiving Report:

Once all supplies/services have been delivered/performed, the Technical Point of Contact (TPOC)/Contracting Officer’s Representative (COR) listed in this contract shall submit a receiving report, via email, to the designated DPW purchase card holder.

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)

TAX EXEMPTION CERT. (ARL)

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.

TAX EXEMPTION CERT. (GARRISON)

TAX EXEMPTION CERTIFICATE (GARRISON)

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.

RECEIVING ROOM - ALC

RECEIVING ROOM REQUIREMENT - ALC

At ADELPHI LABORATORY CENTER truck shipments are accepted at Building #102, Receiving Room, Monday through Friday (except holidays) from 7:30 AM to 4:00 PM only.

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.

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.

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

__X__ 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.

__X__ 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.

____ 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).

____ 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.

__X__ 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).

____ 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.

____ 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.

____ 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.

____ 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.

__X__ 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.

SITE VISIT CONFERENCE

A site visit will be held at:

US Army Research Lab – Adelphi Lab Center 2800 Powder Mill Rd Adelphi, MD 20783

Site Visit will occur on 04 September 2019 at 1000hrs.

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.

TECHNICAL INFORMATION

(a) Offerors are required to submit technical information.

(i) "Technical Information", means clear and convincing evidence that the product(s) offered meet fully the specifications contained in Section C (e.g., cuts, illustrations, specifications, drawings, etc.). This information is required to establish, for the purpose of evaluation and award, details of the product(s) offered, and pertain to significant elements such as (1) design; (2) materials; (3) components; (4) performance characteristics; and (5) methods of manufacture, assembly, construction, or operation. The term includes only information required to determine the technical acceptability of the offered product. It does not include other information such as that used in determining the responsibility of an offeror or for operating or maintaining equipment.

(ii) Technical Information must be (1) identified to show the item(s) of the offer to which it applies and

(2) received by the time specified in this solicitation for receipt of proposals.

(b) Failure of Technical Information to show that the product(s) offered conforms to the requirements of this solicitation may result in the proposal being determined unacceptable.

(c) Failure to submit Technical Information as required above may result in the proposal receiving no further consideration.

SEPARATE TECH. & PRICING PROP.

SEPARATE TECHNICAL AND PRICING PROPOSALS

Offerors shall submit their technical proposals separately from their cost proposals, or make the cost proposal section of their proposals severable from the rest of the proposal.

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.