W911QY13R0001_CIDAS_DRAFT.pdf

CODE

(Hour)

PAGE(S)

until local time

X

A

X B

X C

D

EX

X

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F 43 - 57

58 - 67

H 68 - 74

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA

FAR (48 CFR) 53.214(c)

1 74

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W911QY 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2

3 - 7

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

8 - 10 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 13 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror)

X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

14 - 41

PART II - CO NTRACT CLAUSES

NATICK CONTRACTING DIVISION

ATTN: CCRD-NA BUILDING 1, KANSAS STREET

NATICK MA 01760-5011

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

09 Oct 2012

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W911QY-13-R-0001

Section A - Solicitation/Contract Form

SUPPLEMENTAL INFORMATION

A.1 The US Army Contracting Command – Aberdeen , Natick Contracting Division has a requirement for a

Contamination Indication/Decontamination Assurance System (CIDAS) to indicate the presence of chemical warfare agents down to thorough decontamination levels on surfaces before and/or after a decontamination operation, and also visually indicates the exact location of that contamination providing significant utility during

Detailed Equipment Decontamination (DED) operations.

A.2. The Government anticipates this solicitation will result in one or more Firm Fixed Price Contract(s) that will provide prototype CIDAS nerve and blister indicants, training/simulants, and applicators, training to Government personnel in use of the CIDAS, and technical support for Government conduct of a Manufacturing Readiness

Assessment (MRA).

A-3. Contract Data Requirements Lists (CDRLs) are included in the individual CLINs and shall not be separately priced in the offeror’s proposal.

A.4.The North American Industry Classification System (NAICS) code is 325998 -- All Other Miscellaneous

Chemical Product and Preparation Manufacturing, and the company size standard is 500 employees.

A.5. The Government intends to award a contract(s) WITHOUT DISCUSSIONS with offerors, but reserves the right to conduct discussions if determined to be necessary in the best interests of the Government.

A.6. IUID (DFARS 252.211-7003) and RFID (DFARS Clause 252.211-7006) apply and are incorporated into

Sections I and K of the solicitation, respectively. The Offeror shall complete required information in Clause

252.211-7006 as part of his representations and certifications process.

A.7. Contract award(s) resulting from this solicitation are subject to availability of funds.

A.8. DISCLOSURE OF UNIT PRICE INFORMATION – This constitutes notification pursuant to Executive Order

12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23, 1987) of our intention to release unit prices of the awardee in response to any request under the Freedom of Information Act, 5

USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the contracting officer is notified of your objection to such release prior to submission of initial proposals.

A.9. Attachments and Appendixes listed in Section J may be downloaded from the ASFI website:

https://acquisition.army.mil/asfi.

A.10. All questions should be directed to jean.t.greenwood.civ@mail.mil with a courtesy copy to peter.j.wallace6.civ@mail.mil. Questions must be received no later than (NLT) seven (7) workdays prior to closing.

https://acquisition.army.mil/asfi

Section B - Supplies or Services and Prices

CLIN PRICING INSTRUCTIONS

B.1 The Offeror shall not price Contract Line Items 0001-0010 below. The offeror shall price the items in the

Proposal Pricing Sheet Attachment described in Section J.

B.2 Upon contract award, CLINs 0001-0010 will include the appropriate quantities/units of measures depending upon the offeror’s product and product/packaging configuration for each location.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 5 Each Man-portable Applicator

FFP

Man-portable indicator spray applicators suitable for testing in a laboratory environment for Government evaluation delivered to the specified locations.

FOB: Destination

NET AMT

OPTION Blister/Nerve Indicant Spray

FFP

One indicant spray, which indicates the presence of both nerve and blister agents, that is compatible with the proposed applicator in CLIN 0001, suitable for testing in a laboratory environment for Government evaluation delivered to the specified locations.

OPTION Blister Indicant Spray

FFP

Blister indicant spray that is compatible with the proposed applicator in CLIN

0001, suitable for testing in a laboratory environment for Government evaluation delivered to the specified locations.

OPTION Nerve Indicant Spray

FFP

Nerve indicant spray that is compatible with the proposed applicator in CLIN

0001, suitable for testing in a laboratory environment for Government evaluation delivered to the specified locations.

OPTION Training Indicant Spray

FFP

Training indicant spray (inert indicant spray used for training purposes only) that is compatible with the proposed applicator in CLIN 0001, suitable for testing in a laboratory environment for Government evaluation delivered to the specified locations.

Training

FFP

Product training as described in the Statement of work (SOW). This CLIN shall include all personnel, transportation,training products, materials, shipping and equipment for the offeror to provide training on the proposed product(s) at the test sites.

Manufacturing Readiness Assessment (MRA)

FFP

MRA as described in the Statement of work (SOW). This CLIN shall include all personnel, transportation,training products, materials, shipping and equipment for the offeror to provide training on their at the test sites.

0008 1 Each Technical Manual

FFP

The contractor shall provide technical data in accordance with the requirements, quantities, and schedules set forth in the attached Contract Data Requirements

Lists (DD Form 1423) Exhibit A. This contract line item number (CLIN) is Not

Separately Priced (NSP). The cost of this CLIN is included in CLINs 0001-0005.

0009 1 Each Training Materials

FFP

The contractor shall provide technical data in accordance with the requirements, quantities, and schedules set forth in the attached Contract Data Requirements

Lists (DD Form 1423) Exhibit B. This contract line item number (CLIN) is Not

Separately Priced (NSP). The cost of this CLIN is included in CLINs 0006.

0010 1 Each MRA Questionnaire

FFP

The contractor shall provide technical data in accordance with the requirements, quantities, and schedules set forth in the attached Contract Data Requirements

Lists (DD Form 1423) Exhibit C. This contract line item number (CLIN) is Not

Separately Priced (NSP). The cost of this CLIN is included in CLINs 0007.

Section C - Descriptions and Specifications

STATEMENT OF WORK

CONTAMINATION INDICATION / DECONTAMINATION ASSURANCE SYSTEM (CIDAS)

C.1 Scope:

This Statement of Work (SOW) sets forth the efforts associated with the delivery of CIDAS prototype applicators and indicant for test and evaluation by the Government.

C.2 Background:

The CIDAS is an Acquisition Category (ACAT) III joint program with participation from all Services (Army, Air

Force, Navy and Marine Corps). The Joint Program Executive Office for Chemical and Biological Defense

(JPEO-CBD) is the Milestone Decision Authority (MDA). The Joint Project Manager for Protection (JPM P) manages the program and the CIDAS Product Management Office (PMO) executes the program.

The goal of CIDAS is to provide the warfighter a capability that not only detects trace levels of chemical warfare agents on surfaces before and/or after a decontamination operation, but also visually indicates the exact location of that contamination and provides significant utility during Detailed Equipment Decontamination (DED) operations.

This technology will afford Warfighters the ability to accurately map the area of disseminated contamination on equipment and quickly determine if a given area is (or is not) contaminated. This technology has unique benefits, such as isolating “hot spots” from “clean spots” on surfaces and visibly indicating whether standard decontamination procedures performed were successful (i.e., decontamination assurance). Given the capability to visibly indicate contaminant location on a surface, Detailed Equipment Decontamination (DED) personnel will be able to focus decontamination efforts on the localized threat, therefore dramatically reducing manpower, water requirements, decontaminant requirements and exposure hazard to Warfighters performing DED while increasing decontamination efficiency. The CIDAS must be compatible with a wide range of materiel and facilities to avoid degrading readiness and capabilities due to damage from the application of indicant.

C.3 Applicable Documents:

The following documents form a part of this SOW to the extent specified herein. In the event of a conflict between the applicable documents and this SOW, the SOW shall take precedence. All second tier and below references cited in mandatory compliance documents shall be considered as guidance only. Nothing in this document, however, supersedes applicable laws and regulations unless a specific exemption has been obtained. (Mandatory Compliance unless otherwise specified below).

C.3.1 Military Standards

C.3.1.1 MIL-STD-129P Military Marking for Shipment and Storage

C.3.1.2 MIL-STD-130N Identification Marking of U.S. Military Property

C.3.1.3 MIL-STD-810G Environmental Engineering Considerations and Laboratory Tests

C.3.1.4 MIL-STD-882D Standard Practice for System Safety

C.3.1.5 MIL-STD-1366 DoD Interface Standard for Transportability Criteria

C.3.1.6 MIL-STD-1472F Human Engineering

C.3.1.8 MIL-STD-2073-1E DoD Standard Practice for Military Packaging

C.4 Requirements:

C.4.1 The contractor shall deliver CIDAS applicators, indicant, simulant (if available), training, technical support and data as described in the CLINs and CDRLs. The CIDAS applicator, indicant and simulant will be evaluated by the Government to determine compliance with the performance requirements specified in the draft Performance

Specification (PSPEC).

C.4.2 Classified data is not currently anticipated for this program. Classified documents, if applicable, shall not be delivered in digital format. These documents shall be handled IAW DOD 5220.22 and the security requirements of this contract.

C.4.3 Contractor Support to Government Testing.

The contractor shall support Government test efforts by providing on-site training to four to six test personnel and

PMO representatives responsible for conducting Government-led test events, on how to use the systems, to ensure that the proposed systems may be safely tested and tested correctly (to mitigate the risk of possible protests).

Training shall be conducted at the Battelle Memorial Institute, Columbus, OH, Dugway Proving Grounds, Dugway, UT, and Aberdeen Test Center, Aberdeen, MD starting not later than 20 business working days from receipt of prototype applicators and indicant spray. Training shall include set-up of proposed systems, applicable mixing of indicant and training spray, operation of the proposed systems, and system shut-down to include post operational maintenance (e.g., packaging, handling, storage and transportation). The Contractor shall provide existing technical/operator manuals and associated supplemental data in accordance with CDRL A001, as available, and existing training packages in accordance with CDRL A002, as available.

C.4.4 Test Data

C.4.4.1 The Government shall have unlimited rights to all data generated under this contract unless specifically negotiated otherwise.

C.4.4.2 Test data related to the testing of a vendor’s prototype system will be provided to the vendor as

Government Furnished Information (GFI).

C.4.5. Competitive Prototype Testing

The Government will conduct Competitive Prototype testing of the contractor’s proposed systems. Competitive

Prototype testing will consist of four (4) test events: Indication Level and Pot Life Testing, Materials Compatibility, Individual Protective Equipment (IPE) Compatibility, and a Human Factors Assessment. All testing shall be managed by the Government. Table 1 provides a breakdown of testing criteria per event based on the requirements presented in the PSPEC.

Table 1. CIDAS Competitive Prototype Test Events

Test Event Purpose Criteria

Indication Level and Pot Life

Determine whether systems can indicate the presence of Chemical Warfare

Agents on operationally relevant material to the levels defined in the draft

Capability Development Document.

Determine whether the systems meet minimum pot life requirements after being prepared for use.

Indicate the presence of Chemical Warfare Agents to the following levels:

Nerve-G ≥ 16.7 mg/m2

Nerve-V ≥ 0.78 mg/m2 Blister-H ≥ 100 mg/m2

Pot Life: 6 hours

Test Event Purpose Criteria

Materials

Compatibility

Determine impact of the systems on material integrity of ability of material to perform its intended function.

CIDAS shall not cause material degradation to equipment being decontaminated during normal decontamination operations other than that which is allowable in service platforms’ specification and facilities to complete primary mission functions.

IPE Compatibility Determine whether the systems degrade the protective capability of IPE.

CIDAS shall not degrade relevant IPE materials, to include suits, boots, gloves, and masks, to a level of unacceptable risk during a 12 hour period.

Human Factors

Assessment

Determine acceptability / ease of use of the systems.

CIDAS will be subjectively evaluated in a laboratory setting and/or a field environment to determine gross deficiencies. CIDAS will be evaluated while used with all components to obtain user feedback in determining acceptability/ease of use of the CIDAS system and functionality.

C.4.6 Manufacturing Readiness Assessment (MRA)

The contractor shall support the Government’s conduct of an MRA. This will entail completion of a detailed online questionnaire not later than 244 days after contract award, regarding the contractor’s product that will be evaluated by an independent Government Systems Engineering and Technical Assistance (SETA) contractor. Although the questionnaire will be based on the Manufacturing Readiness Level Deskbook prepared by the OSD Manufacturing

Technology Program on 30 July 2010, the SETA contractor/assessor will tailor the questions to the specific products being evaluated under this contract. (See https://www.mrlassist.bmpcoe.org/mrlassist/ for example questions tailored to manufacturing readiness level (MRL) 6.) See CDRL A003. The Manufacturing Readiness

Assessment (MRA) will be conducted to support a Preliminary Design Review and a Milestone (MS) B decision review. The MRA will involve an independent SETA support contractor/assessor, conducting an assessment of the contractor(s) manufacturing maturity and risk. The independent assessor will accompany the Government in a site visit of the contractors relevant manufacturing facilities not later than 275 calendar days after contract award, to interview key personnel such as the quality manager, configuration manager, production manager, resource manager, engineers and shop floor personnel, and review the questionnaire and other contractor data (e.g., manufacturing plans, configuration control documentation, equipment operating procedures, training documentation, safety lists, quality inspections, plans, records and reports) on manufacturing systems to determine the contractor’s ability to consistently produce the formulation/system and subsystem prototypes to achieve the quality and requirements of the PSPEC. While the focus of the CIDAS Technology Development phase is to mature and demonstrate technologies in a relevant environment it is also imperative that manufacturability be assessed for low risk of meeting a Manufacturing Readiness Level of six for entry into the Engineering and

Manufacturing Development phase.

C.4.7. Government Furnished Property (GFP)

No Government furnished property is anticipated under this contract.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

0006 Destination Government Destination Government

0007 Destination Government Destination Government

0008 Destination Government Destination Government

0009 Destination Government Destination Government

0010 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996

52.246-16 Responsibility For Supplies APR 1984

252.246-7000 Material Inspection And Receiving Report MAR 2008

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

0006 N/A N/A N/A N/A

0007 N/A N/A N/A N/A

0008 45 dys. ADC 1 N/A

0009 45 dys. ADC 1 N/A

0010 244 dys. ADC 1 N/A

52.211-17 Delivery of Excess Quantities SEP 1989

52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

5152.232-7003 INVOICING INSTRUCTIONS AND PAYMENT (WAWF INSTRUCTIONS) (NCD) (AUG

2009)

(a) Invoices for goods received or services rendered under this contract shall be submitted electronically through

Wide Area Work Flow – Receipt and Acceptance (WAWF):

(1) The vendor shall self-register at the web site https://wawf.eb.mil. Vendor training is available on the

Internet at http://www.wawftraining.com.

(2) Select the invoice type within WAWF as specified below. Back up documentation (such as timesheets, etc.)

can be included and attached to the invoice in WAWF. Attachments created in any Microsoft Office product are attachable to the invoice in WAWF. Total limit for the size of files per invoice is 5 megabytes.

(b) The following information, regarding invoice routing DODAAC’s, must be entered for completion of the invoice in WAWF:

Receiving Report (DD 250) Destination Inspection / Destination Acceptance

Inspect and Accept at place of destination

Invoice and Receiving Report (Combo) - Destination Inspection / Destination Acceptance

Pay DoDAAC TBD

IssueBy DoDAAC W911QY

Admin DoDAAC W911QY

InspectBy DoDAAC TBD

Ship To Code TBD

(c) The contractor shall submit invoices / cost vouchers for payment per contract terms.

(d) The Government shall process invoices / cost vouchers for payment per contract terms.

(e) For each invoice / cost voucher submitted for payment, the contractor shall also email the WAWF automated invoice notice directly to the following points of contact:

Name Email Phone Job Title

TBD

TBD

TBD

https://wawf.eb.mil/ http://www.wawftraining.com/

Section I - Contract Clauses

52.202-1 Definitions JUL 2004

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees APR 1984

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006

52.203-7 Anti-Kickback Procedures OCT 2010

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

AUG 2012

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

DEC 2010

52.211-5 Material Requirements AUG 2000

52.215-2 Audit and Records--Negotiation OCT 2010

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52.215-14 Integrity of Unit Prices OCT 2010

52.219-8 Utilization of Small Business Concerns JAN 2011

52.222-19 Child Labor -- Cooperation with Authorities and Remedies JUL 2010

52.222-20 Walsh-Healey Public Contracts Act OCT 2010

52.222-21 Prohibition Of Segregated Facilities FEB 1999

52.222-26 Equal Opportunity MAR 2007

52.222-35 Equal Opportunity for Veterans SEP 2010

52.222-36 Affirmative Action For Workers With Disabilities OCT 2010

52.222-37 Employment Reports on Veterans SEP 2010

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons FEB 2009

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997

52.223-6 Drug-Free Workplace MAY 2001

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to

Iran--Certification.

NOV 2011

52.227-1 Alt I Authorization And Consent (Dec 2007) - Alternate I APR 1984

52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.229-3 Federal, State And Local Taxes APR 2003

52.232-2 Payments Under Fixed-Price Research And Development

Contracts

APR 1984

52.232-8 Discounts For Prompt Payment FEB 2002

52.232-11 Extras APR 1984

52.232-17 Interest OCT 2010

52.232-18 Availability Of Funds APR 1984

52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I APR 1984

52.232-25 Prompt Payment OCT 2008

52.232-99 (Dev) Providing Accelerated Payment to Small Business

Subcontractors (Deviation)

AUG 2012

52.233-1 Disputes JUL 2002

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.242-13 Bankruptcy JUL 1995

52.242-15 Stop-Work Order AUG 1989

52.242-17 Government Delay Of Work APR 1984

52.243-1 Alt V Changes--Fixed-Price (Aug 1987) - Alternate V APR 1984

52.244-6 Subcontracts for Commercial Items DEC 2010

52.246-7 Inspection Of Research And Development Fixed Price AUG 1996

52.246-23 Limitation Of Liability FEB 1997

52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

MAY 2004

52.249-9 Default (Fixed-Priced Research And Development) APR 1984

52.253-1 Computer Generated Forms JAN 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

JAN 2009

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009

252.204-7002 Payment For Subline Items Not Separately Priced DEC 1991

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7006 Billing Instructions OCT 2005

252.204-7008 Export-Controlled Items APR 2010

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

DEC 2006

252.215-7008 Only One Offer JUN 2012

252.225-7002 Qualifying Country Sources As Subcontractors APR 2003

252.225-7012 Preference For Certain Domestic Commodities JUN 2010

252.225-7021 Trade Agreements JUN 2012

252.225-7036 Buy American--Free Trade Agreement--Balance of Payments

Program

JUN 2012

252.227-7016 Rights in Bid or Proposal Information JAN 2011

252.227-7030 Technical Data--Withholding Of Payment MAR 2000

252.227-7037 Validation of Restrictive Markings on Technical Data SEP 1999

252.227-7038 Patent Rights--Ownership by the Contractor (Large Business) JUN 2012

252.227-7039 Patents--Reporting Of Subject Inventions APR 1990

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

252.232-7010 Levies on Contract Payments DEC 2006

252.235-7011 Final Scientific or Technical Report NOV 2004

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment MAR 1998

252.244-7000 Subcontracts for Commercial Items and Commercial

Components (DoD Contracts)

AUG 2011

252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

52.204-99 SYSTEM FOR AWARD MANAGEMENT REGISTRATION (DEVIATION)(AUG 2012)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the retired primary Government repository for Contractor information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) code” means—

(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the

CAGE master file. This type of code is known as an “NCAGE code.”

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at

Subpart 32.11) for the same concern.

“Registered in the SAM database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database;

(2) The Contractor’s CAGE code is in the SAM database; and

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification

Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

“System for Award Management (SAM)” means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes—

(1) Data collected from prospective federal awardees required for the conduct of business with the Government;

(2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart

4.12; and

(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations, or by the Government

Accountability Office.

(b)(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The SAM registration shall be for the same name and address identified on the contract, with its associated

CAGE code and DUNS or DUNS+4.

(3) If indicated by the Government during performance, registration in CCR may be required in lieu of SAM.

(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) A contractor may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call

Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The Contractor should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

http://fedgov.dnb.com/webform

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) Reserved.

(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.

(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the

SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)(1)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name

(whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the

Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day’s written notification of its intention to—

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of

Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s

SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that

Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.

(End of Clause)

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (JAN 2011)

(a) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (d).

(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

https://www.acquisition.gov/

(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror's base offer.

These individual preference amounts shall be added together to arrive at the total evaluated price for that offer.

(4) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs

(d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.

___ Offeror elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction. (i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or

(4) Construction by special trade contractors. (i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns.

(e) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable percentage of work requirements.

(f)(1) When the total value of the contract exceeds $25,000, a HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business concern manufacturers.

(2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States.

(3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction or service contracts.

(g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a

HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the

Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

(End of clause)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

(a) Definitions. As used in this clause--

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and

Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the

Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in

ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 325998 -- All Other

Miscellaneous Chemical Product and Preparation Manufacturing assigned to any contract resulting from solicitation

W911QY-12-R-0006.

(Contractor to sign and date and insert authorized signer's name and title).

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):

http://farsite.hill.af.mil/

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Part

2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.211-7003 ITEM IDENTIFICATION AND VALUATION (JUN 2011)

(a) Definitions. As used in this clause'

Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

Concatenated unique item identifier means--

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number;

and serial number within the original part, lot, or batch number.

Data qualifier means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.

DoD unique item identification means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

Enterprise means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency.

Government's unit acquisition cost means--

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

Issuing agency means an organization responsible for assigning a non-repeatable identifier to an enterprise (i.e., Dun & Bradstreet's Data Universal Numbering System (DUNS) Number, GS1 Company Prefix, or Defense

Logistics Information System (DLIS) Commercial and Government Entity (CAGE) Code).

Issuing agency means an organization responsible for assigning a globally unique identifier to an enterprise (e.g., Dun & Bradstreet's Data Universal Numbering System (DUNS) Number, GS1 Company Prefix, Allied Committee

135 NATO Commercial and Government Entity (NCAGE)/Commercial and Government Entity (CAGE) Code, or the Coded Representation of the North American Telecommunications Industry Manufacturers, Suppliers, and

Related Service Companies (ATIS-0322000) Number), European Health Industry Business Communication Council

(EHIBCC) and Health Industry Business Communication Council (HIBCC)), as indicated in the Register of Issuing

Agency Codes for ISO/IEC 15459, located at http://www.nen.nl/web/Normen-ontwikkelen/ISOIEC-15459-Issuing-

Agency-Codes.htm.

Item means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

Lot or batch number means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

Machine-readable means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

Original part number means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

Parent item means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

Serial number within the enterprise identifier means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

Serial number within the part, lot, or batch number means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

Serialization within the enterprise identifier means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

Serialization within the part, lot, or batch number…