RFP_JE-OPETS-Acquisition_20_June_2018.pdf

CODE

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PAGE(S)

until local time

X

A X B X C

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X G F 30 - 33

34 - 35 X H 36 stephen.f.smith.civ@mail.mil

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 36

(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)

STEPHEN F SMITH 508-233-6510

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 10

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

11 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 14 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 15 - 24 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 - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

25 - 28

PART II - CONTRACT CLAUSES

W6QK ACC-APG NATICK

CONTRACTING DIVISION

BLDG 1 GENERAL GREENE AVENUE

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

20 Jun 2018

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W911QY-18-R-0002

Section A - Solicitation/Contract Form

SECTION A

This requirement (JE-OPETS Acquisition) consists of providing resources in support of the Joint Program Executive Office for Chemical and Biological Defense (JPEO-CBRND) to include its Headquarters, Directorates and five Joint Project Managers (JPMs). The Government has determined that this acquisition will be a 100% total Small Business Set Aside (SBSA), Multiple Award Indefinite Delivery/Indefinite Quantity (MA ID/IQ) contract within the Acquisition business area. The Government reserves the right to make multiple awards under this IDIQ. The cumulative total of all Task Orders awarded to all awardees will not exceed $249,000,000.00 over the life of the contract. NAICS Code 541330, Engineering Services for Military and Aerospace Equipment and Military Weapons, applies with a small business size standard exception of $38,500,000.00. Offerors qualifying as a small business concern under this size standard are eligible to propose for Task Orders. During a Task Order period of performance, subsequent work may be added to existing Task Orders via modification. The majority of Task Orders awarded under this contract are anticipated to have a one year base period and two option years at one year each.

The Goverment also plans to issue Task Orders with one base year and one option year, as well as one base year and three option years.

The ordering period for this contract will consist of a five-year Base Period, one 1-year Option Period, and one potential 6 month extension.

Performance of this requirement may include access or exposure to private information subject to compliance with clauses Subpart 52.224-1 and 52.224-2. Performance of this requirement does include strict prohibition of dissemination of information / publishing that is subject to compliance with client requirements and data that is subject to data right restrictions by the client. Any violation of such may result in administration of penalties.

The Government will evaluate proposals to determine compliance with all requirements of the solicitation, including any attachments and exhibits. The Government will evaluate each proposal response strictly in accordance with its content. The Government cautions offerors that in order for proposals to be eligible for award, the proposals shall be in compliance with the terms and conditions set forth in the Request for Proposals (RFP). The Government will not evaluate multiple proposal submissions from the same offeror. Late proposals will not be evaluated.

The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). However, the Government reserves the right to conduct Discussions/Negotiations and request proposal revisions if the Contracting Officer (KO) later determines them to be necessary. If a competitive range is established, the Government may limit the number of proposals to the greatest number that will permit an efficient competition amongst the most highly rated proposals.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Program ceiling value.

FFP

The total awarded value of all task orders for the duration of this contract shall not exceed $249,000,000.00.

FOB: Destination

NET AMT

0001 Job Labor

FFP

This CLIN represents the labor support requirements for the JE-OPETS Acquisition effort. Reference Labor Categories for a detailed description. The contractor shall provide all personnel to perform the tasks specified in the attached Performance Work Statement (PWS) per the attached Quality Assurance Surveillance Plan (QASP) Standards.

PSC CD: R499

1001 Job Travel

FFP

Travel shall be pre-approved by the Contracting Officer's Representative (COR)and conducted per FAR Part 31.205-46. Travel reimbursement is on a cost reimbursement basis only, to include G&A, but does not include OH, profit or fees.

The contractor will be reimbursed for travel expenses IAW the Government Joint Travel Regulation.

2001 Job Other Direct Costs

FFP

The Contractor may be required to obtain Other Direct Costs (ODCs) such as materials/equipment to be used in performance of this contract. The Government must approve all purchases in advance and prior to the Contractor incurring any charges. ODC reimbursement is on an FFP basis only.

Additionally, the Government may require additional Contract Deliverables for special projects and assessments. These deliverables will be included in the task order Work Breakdown Structure (WBS) or added as subsequent work to existing task orders within the appropriate area of interest via modification. Contract Deliverables are proposed on an FFP basis.

3001 Job OPTION Labor

FFP

This CLIN represents the labor support requirements for the JE-OPETS Acquisition effort. Reference Labor Categories for a detailed description. The contractor shall provide all personnel to perform the tasks specified in the attached Performance Work Statement (PWS) per the attached Quality Assurance Surveillance Plan (QASP) Standards.

4001 Job OPTION Travel

FFP

Travel shall be pre-approved by the Contracting Officer's Representative (COR)and conducted per FAR Part 31.205-46. Travel reimbursement is on a cost reimbursement basis only, to include G&A, but does not include OH, profit or fees.

The contractor will be reimbursed for travel expenses IAW the Government Joint Travel Regulation.

5001 Job OPTION Other Direct Costs

FFP

The Contractor may be required to obtain Other Direct Costs (ODCs) such as materials/equipment to be used in performance of this contract. The Government must approve all purchases in advance and prior to the Contractor incurring any charges. ODC reimbursement is on an FFP basis only.

Additionally, the Government may require additional Contract Deliverables for special projects and assessments. These deliverables will be included in the task order Work Breakdown Structure (WBS) or added as subsequent work to existing task orders within the appropriate area of interest via modification. Contract Deliverables are proposed on an FFP basis.

6001 Job OPTION Labor

FFP

This CLIN represents the labor support requirements for the JE-OPETS Acquisition effort. Reference Labor Categories for a detailed description. The contractor shall provide all personnel to perform the tasks specified in the attached Performance Work Statement (PWS) per the attached Quality Assurance Surveillance Plan (QASP) Standards.

7001 Job OPTION Travel

FFP

Travel shall be pre-approved by the Contracting Officer's Representative (COR) and conducted per FAR Part 31.205-46. Travel reimbursement is on a cost reimbursement basis only, to include G&A, but does not include OH, profit or fees.

The contractor will be reimbursed for travel expenses IAW the Government Joint Travel Regulation.

8001 Job OPTION Other Direct Costs

FFP

The Contractor may be required to obtain Other Direct Costs (ODCs) such as materials/equipment to be used in performance of this contract. The Government must approve all purchases in advance and prior to the Contractor incurring any charges. ODC reimbursement is on an FFP basis only.

Additionally, the Government may require additional Contract Deliverables for special projects and assessments. These deliverables will be included in the task order Work Breakdown Structure (WBS) or added as subsequent work to existing task orders within the appropriate area of interest via modification. Contract Deliverables are proposed on an FFP basis.

9001 6 Each Contract Manpower Reporting

FFP

Per PWS paragraph 4.18. The CMRA reporting period will be the period of performance not to exceed 12 months ending September 30 of each Government fiscal year and must be reported by 31 October of each calendar year.

https://cmra.army.mil/default.aspx

9002 2 Each OPTION Contract Manpower Reporting

FFP

Per PWS paragraph 4.18. The CMRA reporting period will be the period of performance not to exceed 12 months ending September 30 of each Government fiscal year and must be reported by 31 October of each calendar year.

https://cmra.army.mil/default.aspx

9003 1 Each OPTION Contract Manpower Reporting

FFP

Per PWS paragraph 4.18. The CMRA reporting period will be the period of performance not to exceed 12 months ending September 30 of each Government fiscal year and must be reported by 31 October of each calendar year.

https://cmra.army.mil/default.aspx

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$1,000.00 $249,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

Descriptions / Specifications:

The JPEO-CBD JE-OPETS Acquisition Performance Work Statement and associated Labor Category Descriptions, Corporate Experience Questionnaire, and Section L Instuctions Conditions and Notices to Bidders can be found in the Section J attachments.

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

0000 N/A N/A N/A Government 0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government 5001 Destination Government Destination Government 6001 Destination Government Destination Government 7001 Destination Government Destination Government 8001 Destination Government Destination Government 9001 Destination Government Destination Government 9002 Destination Government Destination Government 9003 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-20 Warranty Of Services MAY 2001

Section F - Deliveries or Performance

PERIOD OF PERFORMANCE

The ordering period for this contract will consist of a five-year Base Period, one 1-year Option Period, and one potential 6 month extension.

52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

252.204-0002 Line Item Specific: Sequential ACRN Order SEP 2009 252.204-7006 Billing Instructions OCT 2005 252.232-7007 Limitation Of Government's Obligation APR 2014

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H1. RESEARCH CONDUCT

Services provided under this contract must be conducted in accordance with all Federal and DOD laws, regulations, policies, and procedures that govern the conduct of regulated research. Federal regulations governing current Good Clinical Practices (cGCP) are found in 21CFR 11, 50, 54, 56, 312, and 314 and important guidelines are in the FDA Information Sheets. Additional regulations for human subjects protection are found in 45CFR 46. The International Convention on Harmonization Guidelines for Good Clinical Practice also provides standards governing the conduct of research trials. Reference for military regulations and policy governing regulated research may be found at http://mrmc.amedd.army.mil/index.cfm?pageid=research_protections.overview

H2. RESEARCH INVOLVING HUMAN SUBJECTS : N/A

H3. RESEARCH INVOLVING ANIMAL SUBJECTS: N/A

H4. SYSTEMS ENGINEERING AND TECHNICAL ASSISTANCE CONDUCT: N/A

H5. INVENTION DISCLOSURES AND REPORTS (RESERVED)

H6. ENVIRONMENTAL AND ENERGY CONSERVATION OBJECTIVES

Services provided under this contract must be conducted in accordance with all International, Federal, and State laws; and DOD/U.S. Army regulations, policies, and procedures that govern training. If performance of any work under this contract is required at a Government facility, the Contractor shall contact the appropriate office and code with cognizance over safety and environmental requirement prior to performance of ANY work under this contract.

The office having overall governance concerning safety is as follows:

Mr. Carl J. Core Safety Officer Carl.j.core.civ@mail.mil 410-417-2192

JPEO-CBRND

Contractors are responsible for following all safety and health related State and Federal statutes and corresponding State and Federal regulations protecting the environment, contractor employees, and persons who live and work in and around contractor and/or federal facilities.

Contractors shall monitor their employees and ensure that they are following all safety regulations particular to the work areas. Contractors shall ensure that their employees:

a) Wear appropriate safety equipment and clothing,

b) Are familiar with all relevant emergency procedures should an accident occur, and

c) Have access to a telephone and telephone numbers, to include emergency telephone numbers, for the Government facility where work is performed.

PERSONAL SERVICES & INSURANCES

H7. INHERENTLY GOVERNMENT FUNCTIONS

As a matter of policy, an "inherently governmental function" is a function that is so intimately related to the public interest as to mandate performance by Government employees. These functions include those activities that require either the exercise of discretion in applying Government authority or the making of value judgments in making decisions for the Government. Governmental functions normally fall into two categories: (1) the act of governing, i.e., the discretionary exercise of Government authority, and (2) monetary transactions and entitlements. Contractor personnel shall not perform inherently government functions. [Reference FAR Subpart 7.5]

H8. PERSONAL SERVICES

Personal services are characterized by the employer-employee relationship created between the Government and the contractor’s personnel. Obtaining personal services by contract rather than by direct hire circumvents the law unless Congress has specifically authorized acquisition of the services by contract. Agencies shall not award personal service contracts unless specifically authorized by statute, 5 U.S.C. 3109. Contractors shall not perform personal services.

An exception to the prohibition of personal services is health services allowed for by FAR Subpart 37.4.

H9. INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (RESERVED)

H10. STANDARD LIABILITY INSURANCE

The following types of insurance are required in accordance with the clause entitled, FAR 52.228-5, Insurance— Work on a Government Installation and shall be maintained in the minimum amounts shown:

a) Comprehensive General Liability: $ N/A per person and $500,000 per accident for bodily injury.

b) Automobile Insurance: $200,000 per person and $500,000 per accident for bodily injury and $20,000 per accident for property damage.

c) Standard Workman’s Compensation and Employer’s Liability Insurance (or, where maritime employment is involved, Longshoremen’s and Harbor Worker’s Compensation Insurance) in the minimum amount of $100,000.

d) Aircraft public and passenger liability: $N/A per person and $ N/A per occurrence for bodily injury, other than passenger liability; $ N/A per occurrence for property damage. Passenger bodily injury liability limits of $N/A per passenger, multiplied by the number of seats or number of passengers, whichever is greater.

RESTRICTIONS

H11. SECURITY CLASSIFICATION

The work contracted for is related to and connected with the National Defense. No information relating to the work shall be communicated, transmitted, or disclosed to any person not entitled to receive it. It is anticipated that some of the assigned work will be of a classified nature. Accordingly, it will be necessary for some personnel assigned to work under this contract to have a security clearance of at least SECRET at the ID/IQ contract level. Although the requirement for a clearance above SECRET is not required for the basic contract award, there may be efforts at the Task Order level that will require a clearance above the SECRET level. Access to information at the Task Order level beyond that which is authorized in the DD Form 254 applicable to this ID/IQ contract will result in a separate, Task Order specific DD Form 254 to be issued by the Government. In order to be eligible for such efforts, awardees must have the capability to perform at the SECRET level and possibly above that level, e.g., facility clearance, etc.

Additionally, the contractor shall be guided by and safeguard all classified information either generated by or received under the contract in accordance with DD Form 254, Contract Security Classification Specification, provided as an attachment to the applicable Task Order.

H12. REIMBURSEMENT OF TRAVEL, PER DIEM, AND SPECIAL MATERIAL COSTS

* All travel conducted in performance of a Task Order under this IDIQ contract must be preapproved in writing, with a copy furnished to the Contract Specialist. The Contracting Officer must approve all OCONUS travel.

Approval authority for CONUS travel is delegated to the COR.

a) Area of Travel. Performance under this contract may require travel by contractor personnel. If travel, domestic or overseas, is required, the contractor is responsible for making all necessary arrangements for its personnel. These include but are not limited to: medical examinations, immunizations, passports/visas/etc., and security clearances.

b) Travel Policy. The Government will reimburse the contractor for allowable travel costs incurred by the contractor in performance of the contract in accordance with FAR Subpart 31.2. Travel required for tasks assigned under this contract shall be governed in accordance with: Federal Travel Regulations, prescribed by the General Services Administration for travel in the conterminous 48 United States, (hereinafter the FTR); Joint Travel Regulation, Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense, for travel in Alaska, Hawaii, The Commonwealth of Puerto Rico, and territories and possessions of the United States (hereinafter JTR); and Standardized Regulations (Government Civilians, Foreign Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign Areas," prescribed by the Department of State, for travel in areas not covered in the FTR or JTR (hereinafter the SR).

c) Travel. Travel and subsistence are authorized for travel beyond a fifty-mile radius of the traveling support contract personnel’s duty location whenever a task assignment requires work to be accomplished at a temporary alternate worksite. Local travel (i.e., mileage from the assigned duty location to the temporary duty location and from the temporary duty location back to the assigned duty location) shall be reimbursable, as will any costs associated with tolls, parking, and public transportation. The contractor shall not be paid for travel or subsistence for contractor personnel who reside in the metropolitan area in which the tasks are being performed. Travel performed for personal convenience, in conjunction with personal recreation, or daily travel to and from work at the contractor’s facility will not be reimbursed.

1. For travel costs other than described in paragraph (c) above, the contractor shall be paid on the basis of actual amount paid to the extent that such travel is necessary for the performance of services under the contract that is authorized by the COR in writing, and G&A, but does not include OH and Profit/fees.

2. When transportation by privately owned conveyance is authorized, the contractor shall be paid on a mileage basis not to exceed the applicable Government transportation rate as contained in the FTR, JTR or SR.

Authorization for the use of privately owned conveyance shall be indicated in the basic contract. Distances traveled between points shall be shown on invoices as listed in standard highway mileage guides. Reimbursement will not exceed the mileage shown in the standard highway mileage guides.

3. The contractor agrees, in the performance of necessary travel, to use the lowest cost mode commensurate with the requirements of the mission as set forth in the basic contract and in accordance with good traffic management principles. When it is necessary to use air or rail travel, the contractor agrees to use coach, tourist class, or similar accommodations to the extent consistent with the successful and economical accomplishment of the mission for which the travel is being performed.

4. The contractor’s invoices shall include receipts or other evidence substantiating actual costs incurred for authorized travel. In no event will such payments exceed the rates of common carriers.

d) Vehicle and/or Truck Rentals. The contractor shall be reimbursed for actual rental/lease of special vehicles and/or trucks (i.e., of a type not normally used by the contractor in the conduct of its business) only if authorized in the basic contract or upon approval by the COR. Reimbursement of such rental shall be made based on actual amounts paid by the contractor. Use of rental/lease costs of vehicles and/or trucks that are of a type normally used by the contractor in the conduct of its business are not subject to reimbursement.

e) Car Rental. The contractor shall be reimbursed for car rental, exclusive of mileage charges, as authorized in the basic contract or upon approval by the COR, when the services are required to be performed beyond the normal commuting distance form the contractor’s facilities. Car rental for a team on TDY at one site will be allowed for a minimum of four (4) persons per car, provided that such number or greater comprise the TDY team.

f) Per Diem. The contractor shall not be paid for per diem for contractor personnel who reside in the metropolitan areas in which the tasks are being performed. Per Diem shall not be paid on services performed within a fifty-mile radius of the contractor’s home office or the contractor’s local office. Per Diem is authorized for contractor personnel beyond a fifty-mile radius of the contractor’s home or local offices whenever a task assigned requires work to be done at a temporary alternate worksite. Per Diem shall be paid to the contractor only to the extent that overnight stay is necessary and authorized under this contract. The authorized per diem rate shall be the same as the prevailing per diem in the worksite locality. These rates will be based on rates contained in the FTR, JTR or SR. The applicable rate is authorized at a flat seventy-five (75%) percent on the day of departure from contractor’s home or local office, and on the day of return. Reimbursement to the contractor for per diem shall be limited to actual payments to per diem defined herein. The contractor shall provide actual payments of per diem defined herein. The contractor shall provide supporting documentation (e.g., signed travel expense reports) for per diem expenses as evidence of actual payment.

g) Shipboard Stays. Whenever work assignments require temporary duty aboard a Government ship, the contractor will be reimbursed at the per diem rates identified in paragraph C8101.2C or C81181.3B(6) of the Department of Defense Joint Travel Regulations, Volume II.

h) Special Material. “Special material” includes only the costs of material, supplies, or services which is peculiar to the ordered data and which is not suitable for use in the course of the contractor’s normal business. It shall be furnished pursuant to specific authorization approved by the COR. The contractor will be required to support all material costs claimed by its costs less any applicable discounts. “Special materials” include, but are not limited to, graphic reproduction expenses, or technical illustrative or design requirements needing special processing.

H13. ORGANIZATIONAL CONFLICTS OF INTEREST (SERVICES)

NOTE: THIS CLAUSE TO BE COMPLETED AT THE TASK ORDER LEVEL AS APPLICABLE

Contractors shall not place themselves in a position of having an OCI by accepting an award under this requirement.

Conversely, contractors shall not accept awards where they have had an influence of or have access to a future requirement as a result of performing under this requirement. [Reference FAR Subpart 9.5]. Examples of this are the Prime and Sub-contractors supporting any of JPEO-CBRND Directorate or Joint Project Manager (JPM) offices through other production and/or service due to their direct exposure to development of requirements, competitor technical information and labor pricing.

a) Purpose. This clause seeks to ensure that the contractor (1) does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract, and (2) is not biased because of its current or planned interests (financial, contractual, organizational or otherwise) that relate to the work under this contract.

b) Scope. The restrictions described herein shall apply to performance or participation by the contractor (as defined in paragraph (d)(7)) in the activities covered by this clause.

1. The restrictions set forth in paragraph (e) apply to supplies, services, and other performance rendered with respect to the suppliers and/or equipment listed in Task Orders issued under the contract will specify to which suppliers and/or equipment subparagraph (e) restrictions apply.

2. The financial, contractual, organizational and other interests of contractor personnel performing work under this contract shall be deemed to be the interests of the contractor for the purposes of determining the existence of an

Organizational Conflict of Interest. Any subcontractor that performs any work relative to this contract shall be subject to this clause. The contractor agrees to place in each subcontract affected by these provisions the necessary language contained in this clause.

c) Waiver. Any request for waiver of the provisions of this clause shall be submitted in writing to the Procuring Contracting Officer. The request for waiver shall set forth all relevant factors including proposed contractual safeguards or job procedures to mitigate conflicting roles that might produce an Organizational Conflict of Interest.

d) Definitions. For purposes of application of this clause only, the following definitions are applicable:

1. “System” includes system, major component, subassembly or subsystem, project, or item.

2. “Non-developmental items” as defined in FAR 2.101. “Systems Engineering” (SE) includes, but is not limited to, the activities in FAR 9.505-1(b).

3. “Technical direction” (TD) includes, but is not limited to, the activities in FAR 9.505-1(b).

4. “Advisory and Assistance Services” (AAS) are those services acquired from non-governmental sources to support or improve agency policy development or decision making; or, to support or improve the management of organizations or the operation of hardware systems. Such services may encompass consulting activities, engineering and technical services, management support services and studies, analyses and evaluations.

5. “Consultant services” as defined in FAR 31.205-33(a).

6. “Contractor”, for the purposes of this clause, means the firm signing this contract, its subsidiaries and affiliates, joint ventures involving the firm, any entity with which the firm may hereafter merge or affiliate, and any other successor or assignee of the firm.

7. “Affiliates,” means officers or employees of the prime contractor and first tier subcontractors involved in the program and technical decision-making process concerning this contract.

8. “Interest” means organizational or financial interest.

9. “Weapons system supplier” means any prime contractor or first tier subcontractor engaged in, or having a known prospective interest in the development, production or analysis of any of the weapon systems, as well as any major component or subassembly of such system.

e) Contracting restrictions.

1. To the extent the contractor provides systems engineering and/or technical direction for a system or commodity but does not have overall contractual responsibility for the development, the integration, assembly and checkout (IAC) or the production of the system, the contractor shall not (i) be awarded a contract to supply the system or any of its major components or (ii) be a subcontractor or consultant to a supplier of the system or of its major components. The contractor agrees that it will not supply to the Department of Defense (either as a prime contractor or as a subcontractor) or act as consultant to a supplier of, any system, subsystem, or major component utilized for or in connection with any item or other matter that is (directly or indirectly) the subject of the systems engineering and/or technical direction or other services performed under this contract for a period of six (6) years after the date of completion of the contract. (FAR 9.505-1(a))

2. To the extent the contractor prepares and furnishes complete specifications covering nondevelopmental items to be used in a competitive acquisition, the contractor shall not be allowed to furnish these items either as a prime contractor or subcontractor. This rule applies to the initial production contract, for such items plus a specified time period or event. The contractor agrees to prepare complete specifications covering non-developmental items to be used in competitive acquisitions, and the contractor agrees not to be a supplier to the Department of Defense, subcontract supplier, or a consultant to a supplier of any system or subsystem for which complete specifications were prepared hereunder. The prohibition relative to being a supplier, a subcontract supplier, or a consultant to a supplier of these systems of their subsystems extends for a period of six (6) years after the terms of this contract. (FAR 9.505-2(a)(1))

3. To the extent the contractor prepares or assists in preparing a statement of work to be used in competitively acquiring a system or services or provides material leading directly, predictably and without delay to such a work statement, the contractor may not supply the system, major components thereof or the services unless the contractor is the sole source, or a participant in the design or development work, or a contractor involved in preparation of the work statement. The contractor agrees to prepare, support the preparation of or provide material leading directly, predictably and without delay to a work statement to be used in competitive acquisitions, and the contractor agrees not to be a supplier or consultant to a supplier of any services, systems or subsystems for which the contractor participated in preparing the work statement. The prohibition relative to being a supplier, a subcontract supplier, or a consultant to a supplier of any services, systems or subsystems extends for a period of six (6) years after the terms of this contract. (FAR 9.505-2(b)(1))

4. To the extent work to be performed under this contract requires evaluation of offers for products or services, a contract will not be awarded to a contractor that will evaluate its own offers for products or services, or those of a competitor, without proper safeguards to ensure objectivity to protect the Government’s interests. Contractor agrees to the terms and conditions set forth in the Statement of Work that are established to ensure objectivity to protect the Government’s interests. (FAR 9.505-3)

5. To the extent work to be performed under this contract requires access to proprietary data of other companies, the contractor must enter into agreements with such other companies which set forth procedures deemed adequate by those companies (i) to protect such data from unauthorized use or disclosure so long as it remains proprietary and

(ii) to refrain from using the information for any other purpose other than that for which it was furnished. Evidence of such agreement(s) must be made available to the Procuring Contracting Officer upon request. The contractor shall restrict access to proprietary information to the minimum number of employees necessary for performance of this contract. Further, the contractor agrees that it will not utilize proprietary data obtained from such other companies in preparing proposals (solicited or unsolicited) to perform additional services or studies for the United States Government. The contractor agrees to execute agreements with companies furnishing proprietary data in connection with work performed under this contract, obligating the contractor to protect such data from unauthorized use or disclosure so long as such data remains proprietary, and to furnish copies of such agreement to the Contracting Officer. Contractor further agrees that such proprietary data shall not be used in performing for the Department of Defense additional work in the same field as work performed under this contract if such additional work is procured competitively. (FAR 9.505-4(b))

6. Preparation of Statements of Work or Specifications. If the contractor under this contract assists substantially in the preparation of a statement of work or specifications, the contractor shall be ineligible to perform or participate in any capacity in any contractual effort (solicited or unsolicited) that is based on such statement of work or specifications, unless the appropiate mitigation plan is in place.. The contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the Contracting Officer, in which case the restrictions in this subparagraph shall not apply. Contractor agrees that it will not supply to the Department of Defense (either as a prime contractor or as a subcontractor) or act as consultant to a supplier of, any system, subsystem or major component utilized for or in connection with any item or work statement prepared or other services performed or materials delivered under this contract, and is procured on a competitive basis, by the Department of Defense with six (6) years after completion of work under this contract.

7. Advisory and Assistance Services (AAS). If the contractor provides AAS services as defined in paragraph (d) of this clause, it shall be ineligible thereafter to participate in any capacity in Government contractual efforts (solicited or unsolicited) which stem directly from such work, and the contractor agrees not to perform similar work for prospective offerors with respect to any such contractual efforts. Furthermore, unless so directed in writing by the Contracting Officer, the contractor shall not perform any such work under this contract on any of its products or services, or the products or services of another firm for which the contractor performs similar work. Nothing in this subparagraph shall preclude the contractor from competing for follow-on contracts for AAS.

(f) Remedies. In the event the contractor fails to comply with the provisions of this clause, such noncompliance shall be deemed a material breach of the provisions of this contract. If such noncompliance is the result of conflicting financial interest involving contractor personnel performing work under this contract, the Government may require the contractor to remove such personnel from performance of work under this contract. Further, the Government may elect to exercise its right to terminate for default in the event of such noncompliance. Nothing herein shall prevent the Government from electing any other appropriate remedies afforded by other provisions of this contract, or statute or regulation.

(g) Disclosure of Potential Conflicts of Interest. The contractor recognizes that during the term of this contract, conditions may change which may give rise to the appearance of a new conflict of interest. In such an event, the contractor shall disclose to the Government information concerning the new conflict of interest. The contractor shall provide, as a minimum, the following information:

1. a description of the new conflict of interest (e.g., additional weapons systems supplier(s), corporate restructuring, new first-tier subcontractor(s), new contract) and identity of parties involved;

2. a description of the work to be performed;

3. the dollar amount;

4. the period of performance; and

5. a description of the contractor’s internal controls and planned actions, to avoid any potential organizational conflict of interest.

H14. NOTICE REGARDING THE DISSEMINATION OF EXPORT-CONTROLLED TECHNICAL DATA

a) Export of information contained herein, which includes release to foreign nationals within the United States, without first obtaining approval or license from the Department of State for items controlled by the International Traffic in Arms Regulations (ITARS), or the Department of Commerce for items controlled by the Export Administration Regulations (EAR), may constitute a violation of law.

b) For violation of export laws, the contractor, its employees, officials or agents are subject to:

1. Imprisonment and/or imposition of criminal fines; and

2. Suspension or debarment from future Government contracting actions.

c) The Government shall not be liable for any unauthorized use or release of export-controlled information, technical data or specifications in this contract.

d) The contractor shall include the provisions or paragraphs (a) through (c) above in any subcontracts awarded under this contract.

H15. PERFORMANCE BY FOREIGN NATIONALS OR FOCI ORGANIZATIONS

a) In accordance with 8 U.S.C.1324a, it is unlawful to hire for employment in the U.S. an individual without verifying that individual’s employment authorization. 8 CFR 274a.2 VERIFICATION OF EMPLOYMENT ELIGIBILITY identifies the official documents that establish employment eligibility.

b) Prior to performance of work by a foreign national as a result of this contract, the employer shall provide the Contracting Officer the name of the foreign national and identify the type of form(s) produced for verification of employment status.

Should the foreign national’s performance require access to DoD facilities, the employer shall coordinate with the sponsor providing access, in order to submit the following:

1. Individual’s Name

2. Date/place of birth

3. Citizenship

4. Date and Location of the Visit

5. Purpose of the Visit

6. Passport Number

7. Employer’s Verification of Work Authorization This information shall be forwarded to the Contracting Officer at least thirty days prior to the visit taking place.

Failure to provide this information within this time frame may prevent the individual(s) from entry into the DoD facilities.

The offeror shall disclose if the company (or individual) is a FOCI. A FOCI organization includes sole proprietorships, partnerships, and corporations, and the divisions and subsidiaries of the corporation where: (a) 51% or more of the controlling (voting) stock is foreign-owned; or (b) parent organization is incorporated or otherwise charted in a country foreign to the U.S.; and (c) the organization is not performing a state function (any organization performing a state function falls under IPO authority). A division or subsidiary of an organization having a location in the U.S. is still considered FOCI if the parent corporation is a FOCI. A university, college, or not-for-profit organization that is chartered, incorporated, or otherwise called into being in a country foreign to the U.S. and not performing a state function is FOCI. A FOCI person is a non-U.S. citizen. Resident aliens are considered FOCI for licensing and technology transfer purposes. Approval by the U.S. Trade Representative may be required prior to executing a contract with a FOCI.

LOGISTICS

H16. LOGISTICS CONSIDERATIONS

Any OCONUS/FOREIGN travel by contractor personnel shall be in accordance with procedures for entering into the Area of Responsibility (e.g., CENTCOM). Refer to the Foreign Clearance Guide at https://www.fcg.pentagon.mil.

This procurement may require the contractor to handle hazardous materials, for which material safety data sheets will be provided.

H17. GOVERNMENT INSTALLATION WORK SCHEDULE

a) The Holidays applicable to this contract are: New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.

b) In the event that the contractor is prevented from performance as the result of an Executive Order or an administrative leave determination that applies to the using activity, such time may be charged to the contract as a direct cost provided such charges are consistent with the contractor’s accounting practices. In the event that any of the above holidays occur on a Saturday or Sunday, then such holiday shall be observed as they are by the assigned Government employees at the using activity.

c) Some client sites are on a flexible workweek. Applicable on-site contractor personnel shall perform in consonance with those flexible workweek arrangements after appropriate coordination with the client.

H18. ELECTRONIC TRANSMISSION OF PROPRIETARY DATA

Awardees shall be fully capable and willing to electronically transmit proprietary data to the Government. This data may consist of contract deliverables or pricing data required for proposal evaluation. Any software required by the Government to receive the contractor-transmitted proprietary data that the Government does not already possess shall be provided by the contractor at no cost to the Government.

ADMINISTRATION & PROCEDURES

H19. UNILATERAL UNPRICED TASK ORDERS

a) When the Government determines, in circumstances of emergency or exigency, that the need for specific supplies or services is unusually urgent, the PCO may issue a unilateral unpriced order requiring the contractor to provide the supplies or services specified.

b) The unilateral unpriced order shall specify the estimated cost and fee or Not-to Exceed price and the desired delivery schedule for the work being ordered. The Government’s desired delivery shall apply unless the PCO receives written notification from the contractor within fifteen (15) days after receipt of the order that the proposed delivery schedule is not acceptable. Such notification shall propose an alternative delivery schedule. The contractor shall submit its cost proposal within thirty (30) days after receipt of the order. The Government has no obligation to pay for the supplies or services ordered until the actual price and delivery schedule have been negotiated. In no event shall the costs incurred exceed the estimated cost of the order before the proposal is submitted.

c) The contractor shall include in its proposal a statement of costs incurred and an estimate of costs expected to complete the work. Data supporting the accuracy and reliability of the cost estimate should also be included.

After submission of the contractor’s cost proposal and supporting data, the contractor and the PCO shall negotiate a bilateral modification to the original order finalizing the price and delivery schedule, which will be specified in a bilateral modification to the original order.

d) If a bilateral agreement is not negotiated within sixty (60) days after submission of the contractor’s cost proposal, the PCO will issue a modification to the unilateral unpriced order which establishes the Government’s total estimated cost for the order. This estimate will remain in effect until a final price is established in a bilateral modification to the order. However, nothing shall excuse the Contractor from proceeding with the performance of the order while any resulting dispute is being settled.

e) Failure to arrive at an agreement shall be handled as a dispute in accordance with the Disputes clause of this contract.

f) The Contractor shall honor any order issued under this provision unless written notification is made within 48 hours of issuance of the Unilateral Unpriced Order which provides specific reasons why the order cannot be honored, and why there is no possibility of performance. Upon receiving the notice, the Government may acquire the supplies or services from another source and require the contractor to provide any technical information required for performance.

H20. WRITTEN ORDERS (INDEFINITE DELIVERY CONTRACTS)

a) Each Task shall:

1. comply with (b) below;

2. be issued as a delivery order on DD Form 1155 (Order for Supplies or /Request for Quotations), or on Standard Form 30 (Amendment of Solicitation/Modification of Contract) in the case of a modification to an order;

3. be identified by procurement instrument number in accordance with DFARS Part 204.7003;

4. incorporate the terms and conditions of this contract by reference;

5. set forth a detailed statement of work which references the sub-task areas in Attachment 1 and description of the data, service or item requirements to be provided;

6. utilize DD 1423s for the ordering of data requirements and for the purposes of “Special Distribution- Material Inspection and Receiving Report (MIRR)”, specify addresses of special distribution recipients for DD250s;

7. set forth a task order price;

8. specify the commodities, equipment systems and or manufacturers to which the Organizational Conflict of Interest provisions, if any, apply;

9. set forth packaging (preservations and packing) and marking requirements for deliverables;

10. specify any GFE or GFI applicable to that order;

11. set forth the Government’s required delivery or performance data and the place of performance, indicating therein the contractor’s facility to be utilized; and, in the event travel is required in the performance of the work ordered, the locations at which such performance is necessary;

12. set forth the place or places where inspection and acceptance will be made by the Government;

13. set forth the applicable appropriation and accounting data;

14. be signed by the authorized…