D01.02_W913E5-16-C-0005.pdf

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PAGE(S)

until local time

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RATING PAGE OF PAGES

7. ISSUED BY

(Date)

03-Aug-2016

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)

ASHLEY M JENKINS

1 23

(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. SIGNATURE

775-673-7481

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

NEVADA SYSTEM OF HIGHER EDUCATION

2215 RAGGIO PKWY

RENO NV 89512-1095

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W913E5-16-C-0005

W913E5 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

2 - 3

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

4 - 6 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 9 - 11

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 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)

Net 30 Day s

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

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

0K5F8 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

ashley.m.jenkins@usace.army.mil

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: 217-373-7297 (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

$5,281,859.00 See Schedule

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 HQ0490

DFAS - INDY VP GFEBS

8899 E. 56TH STREET

INDIANAPOLIS IN 46249-3800

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

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

12 - 23

PART II - CO NTRACT CLAUSES

ERDC CONTRACTING OFFICE

HANOVER OFFICE

72 LYME ROAD

HANOVER NH 03755-1290 (603) 646-4280

(603) 646-4486FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.

SEE SCHEDULE

5. DATE ISSUED4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. SOLICITATION NO.

See Item 7

W913E5-16-C-0005

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job $5,281,859.00 $5,281,859.00 BAA - Desert Research Institute

FFP

Modeling Linkages Among Soil-Terrain-Atmospheric Processes Critical for

Military Operations

FOB: Destination

PURCHASE REQUEST NUMBER: W81EWF61651686

NET AMT $5,281,859.00

000101 $0.00 Funding for CLIN 0001

FFP

PURCHASE REQUEST NUMBER: W81EWF60748212

NET AMT $0.00

ACRN AA

CIN: W81EWF607482120001

$1,979,785.00

000102 $0.00 Funding for CLIN 0001

FFP

PURCHASE REQUEST NUMBER: W81EWF61651686

NET AMT $0.00

ACRN AB

CIN: W81EWF616516860001

$955,625.00

Contract line item 0001 is incrementally funded. For this item, the sum of $2,935,410.00 of the total price is presently available for payment and allotted to this contract. Notionally, this increment of funding supports all of the Year 1 Tasks, and all of Year 2 Tasks 2 – 5. An allotment schedule is set forth in paragraph (j) of FAR clause 252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION, for the remaining funds.

Section C - Descriptions and Specifications

Title: Modeling Linkages Among Soil-Terrain-Atmospheric Processes Critical for Military Operations

C.1. INTRODUCTION: This contract is the result of a successful proposal received under ERDC Broad Agency

Announcement (BAA) Number W912HZ-15-BAA-01.

C.2. OBJECTIVE: The primary objective of this effort is to advance knowledge of the principal interactions among the soil system, landform type, surface mass and energy balance, and atmospheric and climate processes to enhance remote predictions of terrain conditions that impact military operations.

C.3. CONTRACTOR’S TECHNICAL PROPOSAL: In accordance with FAR 24.202(a) the Contractor’s

Proposal, excluding any cost information, and including all revisions up to the date of award, are incorporated herein by reference and made a part of this contract. This information may be releasable under the Freedom of Information

Act. The Contractor’s technical proposal entitled “Modeling Linkages Among Soil-Terrain-Atmospheric Processes

Critical for Military Operations” is incorporated herein by reference and made a part thereof. In the event of any discrepancies between the Contractor’s proposal and this Performance Work Statement, this Performance Work

Statement shall govern.

C.4. PROPOSAL REVISIONS: See Paragraph C.9. “Reports and Deliverables” below.

C.5. NON-PERSONAL SERVICES: The Government and the Contractor hereby understand and agree that the services to be delivered under this contract by the Contractor to the Government are non-personal services, and the parties recognize and agree that no employer-employee or master-servant relationships exist or will exist under this contract between the Government and the Contractor's employees.

C.6. GOVERNMENT FURNISHED EQUIPMENT: N/A

C.7. CONTRACTING OFFICER'S REPRESENTATIVE (COR): The identification of, duties, and limitations of the COR are specified in the COR appointment letter, which will be provided to the contractor at or shortly after the time of award. No Government personnel, other than the Contracting Officer, shall have the authority to do other than clarify technical points or supply relevant information to the Contractor regarding this contract. Specifically, no requirement in these specifications may be altered through verbal clarification. Only a warranted Contracting Officer, acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting

Officer.

C.8. MEETINGS AND REVIEWS: As outlined in the Contractor’s technical proposal.

C.9. REPORTS AND DELIVERABLES: In addition to the reports and deliverables listed in the Contractor’s proposal, the Contractor shall submit the following to the COR:

a. Interim Briefs / Monthly Reports: Reports describing progress on the project shall be submitted to the COR via email no later than the 10th calendar day following the reporting period in the format and content specified by

CRREL. Invoices for partial payment shall be accompanied by a current progress report. No partial payment will be approved unless a current progress report is received.

b. Complete Report / Technical Report: A report summarizing the results of the research performed under this contract shall be submitted in the format and content specified by CRREL that reports on findings and success toward meeting goals, moving to concept, and discussions recommending next stage of development and implementation of technologies. This report will be accompanied by any necessary augmenting datasets, algorithms, etc. developed during the period of performance. A draft version shall be submitted no later than one (1) month prior to the end of the period of performance of this contract. The Government will review and provide comments within fifteen (15) days of receipt. A final version, incorporating Government review comments if any, shall be submitted no later than the end of the period of performance of this contract.

c. Journal Quality Article: Pending the outcome of the R&D executed under this effort, the Government encourages the Contractor to publish articles for peer-reviewed scientific journals summarizing the results of the research performed under this contract. This is not required by the Government, but highly encouraged. The

Government will offer assistance in drafting and reviewing any journal publications.

d. DD Form 882 : The Contractor shall submit DD Form 882(s) in accordance with Section I, Clause No. 252.227-

7039, “Patents – Reporting of Subject Inventions”. If the period of service of this contract is not in excess of eighteen (18) months, an interim DD Form 882 is not required.

e. SF 298: The Contractor shall include a completed Standard Form 298, Report Documentation Page, with each copy of its final report as required by DFARS 252.235-7011.

f. Accounting for Contractor Services: The Office of the Assistant Secretary of the Army (Manpower & Reserved

Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address: https://cmra.army.mil/. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical

Representative; (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data; (5) Estimated direct labor hours (including sub-contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-contractors); (7) Total payments (including sub-contractors); (8)

Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each sub-contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the

Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information); (11) Locations where contractor and sub-contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language: and (13) Number of contractor and sub-contractor employees deployed in theater this reporting period (by country). As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending 30 September of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a contractor’s systems to the secure web site without the need for separate data entries for each required data element at the web site. The specific formats for the

XML direct transfer may be downloaded from the web site.

NDAA DATA

UIC W2R2AA - Military Appropriations

FSC AJ12

Contract Number W913E5-16-C-0005

Contract Fiscal Year 2016

Form of Contract Action Definitive Contract

Contract Type Firm Fixed Price

PBSA Yes

Non-DoD Purchasing Agency (leave blank)

Competed Action Full and Open Competition

If Competed, number of offerors 1

Small Business Yes or No

Small Disadvantaged Business Yes or No

Women-owned Small Business Yes or No https://contractor/

DoD Administering Component USA- USACE CRREL, Hanover

Contracting Organization USA- USACE CRREL, Hanover

C.10. VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS

CONTRACTS: In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-

38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S.

Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx

Department of Labor Veterans Employment Assistance http://www.dol.gov/vets/

Department of Veterans Affairs–VOW to Hire Heroes Act http://benefits.va.gov/vow/

Army Wounded Warrior Program – http://wtc.army.mil/modules/employers/index.html

U.S. Chamber of Commerce Foundation–Hiring Our Heroes http://www.hiringourheroes.org/

Guide to Hiring Veterans – Reference Material http://www.whitehouse.gov/sites/default/files/docs/white_house_business_council_-

_guide_to_hiring_veterans_0.pdf

C.11. ANTI-TERRORISM/OPERATIONS SECURITY:

Security: Contractor personnel allowed on site shall follow all sign-in and security regulations as directed by the

CRREL Security Office and the TPOC, and as listed below

a. Personnel List – Contractor shall supply the TPOC with a list of his employees who will be meeting on the

CRREL site.

b. Positive Picture ID – Contract personnel shall provide a positive picture ID prior to site access.

c. Identification Badges – Contractor personnel are required to sign in with Security and to obtain and wear security identification badges while on government site.

d. Weapons – No weapons of any kind are allowed on site either in vehicles or on persons.

e. Foreign Nationals (FN) - Foreign Nationals must provide a scanned copy of their passport/permanent resident card to the COR at least 30 days in advance of coming to CRREL. CRREL Security will submit a FN visit request for visit approval. Once approved, the COR will be notified.

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

000101 N/A N/A N/A Government

000102 N/A N/A N/A Government

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996

52.246-9 Inspection Of Research And Development (Short Form) 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 POP 01-AUG-2016 TO

31-JUL-2020

N/A PR W2R2 COLD RGNS RSCH ENG LAB

TERRESTRIAL & CRYOSPHERIC

SCIENCES BR

SUPPLY SECTION

72 LYME ROAD

HANOVER NH 03755-1290

603-646-4188

W14GQK

000101 N/A N/A N/A N/A

000102 N/A N/A N/A N/A

52.242-15 Stop-Work Order AUG 1989

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

Section G - Contract Administration Data

INVOICING INSTRUCTIONS

G.1. DISSEMINATION OF CONTRACT INFORMATION: The Contractor shall be free to publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results of conclusions made pursuant to performance of this contract; provided, however, that it shall provide copies of any such publication or release of information to the Government's Contracting Officer for review and comment at least fourteen (14) days prior to any such release.

G.2. METHOD OF PAYMENT: With reference to Section G Clause No. 252.232-7003 ELECTRONIC

SUBMISSION OF PAYMENT REQUESTS, at the Contractor's Option he may, (a) upon completion of the work, submit one invoice for payment of the entire amount due under the contract in one lump sum, or (b) submit estimates of the amount and value of the work and services performed under the contract at any time during the period of performance, but not more frequently than once a month or for amounts less than $1000 (unless a final invoice).

Procedures for submitting partial invoices under (b) above are as follows:

G.2.a. Upon approval of such estimate by the Contracting Officer's Representative (COR) or Contracting

Officer's Technical Representative (COTR), partial payment upon properly certified vouchers will be made to the Contractor as soon as practicable of the amount determined to be due, less all previous payments.

G.2.b. Upon completion by the Contractor of the work to be performed under the contract, acceptance of such work by the Government, and receipt of DD Form 882 (reference Section I, Clause 252.227-7039), the

Contractor will be paid the balance of any money due for work performed.

WAWF Instructions

Contractor shall submit payment requests using Wide Area Workflow (WAWF) (see DFARS Clause 252.232-

7006 Wide Area WorkFlow Payment Instructions).

The Contractor shall:

• Register to use WAWF at https://wawf.eb.mil

• Ensure an electronic business point of contact (POC) is designated in the System for Award Management

(SAM) site at https://www.sam.gov within ten (10) calendar days after award of this contract.

• Submit invoices in WAWF using the valid codes and email addresses provided in DFARS 252.232-7006.

• Attach progress reports as required in Section C, Statement of Work

The Government Acceptor will:

• Request payment recommendations from the COR/COTR via email.

• Upon receipt of a response to pay from the COR/COTR, process a receiving report in CEFMS.

The COR/COTR will:

• Respond to the Acceptor’s request for payment recommendation within two (2) work days, via email, based on the Contractor’s progress-to-date.

• Document the COR/COTR file with the payment recommendation

The Contractor will be notified if the above information changes.

ACCOUNTING AND APPROPRIATION DATA

AA: 21620400000 088140 255Y761K51622784T5300 RK11 22079

https://wawf.eb.mil/ https://www.sam.gov/

AMOUNT: $1,979,785.00

CIN W81EWF607482120001: $1,979,785.00

AB: 021201620172040000 A60FP 622712HB2RK01 2550 0010874578 R.0017033.004 021001

AMOUNT: $955,625.00

CIN W81EWF616516860001: $955,625.00

252.204-7006 Billing Instructions OCT 2005

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

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

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow

(WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training

Course and use the Practice Training Site before submitting payment requests through

WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data

Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

INVOICE (STAND ALONE)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in

WAWF, as specified by the contracting officer.

GOVERNMENT

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC W916TX

Issue By DoDAAC W913E5

Admin DoDAAC W913E5

Inspect By DoDAAC W913E5

Ship To Code W14GQK

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) W913E5

Service Acceptor (DoDAAC) W913E5

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC Contractor Discretion

Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional

Email Notifications” field of WAWF once a document is submitted in the system.

WAWF Acceptor: Lynn Long, Lynn.C.Long@usace.army.mil

Contracting Officer’s Representative: John Eylander, John.B.Eylander@usace.army.mil

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

Contracting Officer: Ashley Jenkins, Ashley.M.Jenkins@usace.army.mil

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

(End of clause) mailto:Lynn.C.Long@usace.army.mil mailto:John.B.Eylander@usace.army.mil mailto:Ashley.M.Jenkins@usace.army.mil

Section I - Contract Clauses

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

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

52.203-7 Anti-Kickback Procedures MAY 2014

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

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

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

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.215-2 Audit and Records--Negotiation OCT 2010

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

52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011

52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010

52.215-14 Integrity of Unit Prices OCT 2010

52.215-15 Pension Adjustments and Asset Reversions OCT 2010

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997

52.215-23 Limitations on Pass-Through Charges OCT 2009

52.219-8 Utilization of Small Business Concerns OCT 2014

52.222-3 Convict Labor JUN 2003

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity APR 2015

52.222-35 Equal Opportunity for Veterans OCT 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

52.222-37 Employment Reports on Veterans FEB 2016

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons MAR 2015

52.222-54 Employment Eligibility Verification OCT 2015

52.223-6 Drug-Free Workplace MAY 2001

52.223-16 Alt I Acquisition of EPEAT - Registered Personal Computer

Products - Alternate I

JUN 2014

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.227-1 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 FEB 2013

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 MAY 2014

52.232-23 Assignment Of Claims MAY 2014

52.232-25 Prompt Payment JUL 2013

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

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

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995

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

52.243-6 Change Order Accounting APR 1984

52.244-6 Subcontracts for Commercial Items FEB 2016

52.246-23 Limitation Of Liability FEB 1997

52.246-25 Limitation Of Liability--Services FEB 1997

52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

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

Price)

APR 2012

52.249-5 Termination For Convenience Of The Government

(Educational And Other Nonprofit Institutions)

SEP 1996

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

52.253-1 Computer Generated Forms JAN 1991

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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 SEP 2013

252.204-7000 Disclosure Of Information AUG 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

DEC 2015

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014

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

The Government of a Country that is a State Sponsor of

Terrorism

OCT 2015

252.215-7000 Pricing Adjustments DEC 2012

252.215-7002 Cost Estimating System Requirements DEC 2012

252.223-7004 Drug Free Work Force SEP 1988

252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Nov 2014)

NOV 2014

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012

252.225-7012 Preference For Certain Domestic Commodities FEB 2013

252.227-7013 Alt I Rights in Technical Data--Noncommercial Items (FEB 2014)

- Alternate I

JUN 1995

252.227-7016 Rights in Bid or Proposal Information JAN 2011

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

(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/content/table-small-business-size-standards.

(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 representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, 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 SAM, or does not have a representation in

SAM 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 541712- assigned to contract number W913E5-16-C-0005.

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

52.227-11 PATENT RIGHTS--OWNERSHIP BY THE CONTRACTOR (MAY 2014)

(a) As used in this clause--

Invention means any invention or discovery that is or may be patentable or otherwise protectable under title 35 of the

U.S. Code, or any variety of plant that is or may be protectable under the Plant Variety Protection Act (7 U.S.C.

2321, et seq.)

Made means--

(1) When used in relation to any invention other than a plant variety, the conception or first actual reduction to practice of the invention; or

(2) When used in relation to a plant variety, that the Contractor has at least tentatively determined that the variety has been reproduced with recognized characteristics.

Nonprofit organization means a university or other institution of higher education or an organization of the type described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)) and exempt from taxation under section 501(a) of the Internal Revenue Code (26 U.S.C. 501(a)), or any nonprofit scientific or educational organization qualified under a State nonprofit organization statute.

Practical application means to manufacture, in the case of a composition of product; to practice, in the case of a process or method; or to operate, in the case of a machine or system; and, in each case, under such conditions as to establish that the invention is being utilized and that its benefits are, to the extent permitted by law or Government regulations, available to the public on reasonable terms.

Subject invention means any invention of the Contractor made in the performance of work under this contract.

(b) Contractor's rights. (1) Ownership. The Contractor may retain ownership of each subject invention throughout the world in accordance with the provisions of this clause.

(2) License. (i) The Contractor shall retain a nonexclusive royalty-free license throughout the world in each subject invention to which the Government obtains title, unless the Contractor fails to disclose the invention within the times specified in paragraph (c) of this clause. The Contractor's license extends to any domestic subsidiaries and affiliates within the corporate structure of which the Contractor is a part, and includes the right to grant sublicenses to the extent the Contractor was legally obligated to do so at contract award. The license is transferable only with the written approval of the agency, except when transferred to the successor of that part of the Contractor's business to which the invention pertains.

(ii) The Contractor's license may be revoked or modified by the agency to the extent necessary to achieve expeditious practical application of the subject invention in a particular country in accordance with the procedures in

FAR 27.302(i)(2) and 27.304-1(f).

(c) Contractor's obligations. (1) The Contractor shall disclose in writing each subject invention to the Contracting

Officer within 2 months after the inventor discloses it in writing to Contractor personnel responsible for patent matters. The disclosure shall identify the inventor(s) and this contract under which the subject invention was made. It shall be sufficiently complete in technical detail to convey a clear understanding of the subject invention. The disclosure shall also identify any publication, on sale (i.e., sale or offer for sale), or public use of the subject invention, or whether a manuscript describing the subject invention has been submitted for publication and, if so, whether it has been accepted for publication. In addition, after disclosure to the agency, the Contractor shall promptly notify the Contracting Officer of the acceptance of any manuscript describing the subject invention for publication and any on sale or public use.

(2) The Contractor shall elect in writing whether or not to retain ownership of any subject invention by notifying the

Contracting Officer within 2 years of disclosure to the agency. However, in any case where publication, on sale, or public use has initiated the 1-year statutory period during which valid patent protection can be obtained in the United

States, the period for election of title may be shortened by the agency to a date that is no more than 60 days prior to the end of the statutory period.

(3) The Contractor shall file either a provisional or a nonprovisional patent application or a Plant Variety Protection

Application on an elected subject invention within 1 year after election. However, in any case where a publication, on sale, or public use has initiated the 1-year statutory period during which valid patent protection can be obtained in the United States, the Contractor shall file the application prior to the end of that statutory period. If the Contractor files a provisional application, it shall file a nonprovisional application within 10 months of the filing of the provisional application. The Contractor shall file patent applications in additional countries or international patent offices within either 10 months of the first filed patent application (whether provisional or nonprovisional) or 6 months from the date permission is granted by the Commissioner of Patents to file foreign patent applications where such filing has been prohibited by a Secrecy Order.

(4) The Contractor may request extensions of time for disclosure, election, or filing under paragraphs (c)(1), (c)(2), and (c)(3) of this clause.

(d) Government's rights--(1) Ownership. The Contractor shall assign to the agency, on written request, title to any subject invention--

(i) If the Contractor fails to disclose or elect ownership to the subject invention within the times specified in paragraph (c) of this clause, or elects not to retain ownership; provided, that the agency may request title only within

60 days after learning of the Contractor's failure to disclose or elect within the specified times.

(ii) In those countries in which the Contractor fails to file patent applications within the times specified in paragraph

(c) of this clause; provided, however, that if the Contractor has filed a patent application in a country after the times specified in paragraph (c) of this clause, but prior to its receipt of the written request of the agency, the Contractor shall continue to retain ownership in that country.

(iii) In any country in which the Contractor decides not to continue the prosecution of any application for, to pay the maintenance fees on, or defend in reexamination or opposition proceeding on, a patent on a subject invention.

(2) License. If the Contractor retains ownership of any subject invention, the Government shall have a nonexclusive, nontransferable, irrevocable, paid-up license to practice, or have practiced for or on its behalf, the subject invention throughout the world.

(e) Contractor action to protect the Government's interest. (1) The Contractor shall execute or have executed and promptly deliver to the agency all instruments necessary to--

(i) Establish or confirm the rights the Government has throughout the world in those subject inventions in which the

Contractor elects to retain ownership; and

(ii) Assign title to the agency when requested under paragraph (d) of this clause and to enable the Government to obtain patent protection and plant variety protection for that subject invention in any country.

(2) The Contractor shall require, by written agreement, its employees, other than clerical and nontechnical employees, to disclose promptly in writing to personnel identified as responsible for the administration of patent matters and in the Contractor's format, each subject invention in order that the Contractor can comply with the disclosure provisions of paragraph (c) of this clause, and to execute all papers necessary to file patent applications on subject inventions and to establish the Government's rights in the subject inventions. The disclosure format should require, as a minimum, the information required by paragraph (c)(1) of this clause. The Contractor shall instruct such employees, through employee agreements or other suitable educational programs, as to the importance of reporting inventions in sufficient time to permit the filing of patent applications prior to U.S. or foreign statutory bars.

(3) The Contractor shall notify the Contracting Officer of any decisions not to file a nonprovisional patent application, continue the prosecution of a patent application, pay maintenance fees, or defend in a reexamination or opposition proceeding on a patent, in any country, not less than 30 days before the expiration of the response or filing period required by the relevant patent office.

(4) The Contractor shall include, within the specification of any United States nonprovisional patent or plant variety protection application and any patent or plant variety protection certificate issuing thereon covering a subject invention, the following statement, “This invention was made with Government support under (identify the contract) awarded by (identify the agency). The Government has certain rights in the invention.”

(f) Reporting on utilization of subject inventions. The Contractor shall submit, on request, periodic reports no more frequently than annually on the utilization of a subject invention or on efforts at obtaining utilization of the subject invention that are being made by the Contractor or its licensees or assignees. The reports shall include information regarding the status of development, date of first commercial sale or use, gross royalties received by the Contractor, and other data and information as the agency may reasonably specify. The Contractor also shall provide additional reports as may be requested by the agency in connection with any march-in proceeding undertaken by the agency in accordance with paragraph (h) of this clause. The Contractor also shall mark any utilization report as confidential/proprietary to help prevent inadvertent release outside the Government. As required by 35 U.S.C.

202(c)(5), the agency will not disclose that information to persons outside the Government without the Contractor's permission.

(g) Preference for United States industry. Notwithstanding any other provision of this clause, neither the Contractor nor any assignee shall grant to any person the exclusive right to use or sell any subject invention in the United States unless the person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for an agreement may be waived by the agency upon a showing by the Contractor or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, or that under the circumstances domestic manufacture is not commercially feasible.

(h) March-in rights. The Contractor acknowledges that, with respect to any subject invention in which it has retained ownership, the agency has the right to require licensing pursuant to 35 U.S.C. 203 and 210(c), and in accordance with the procedures in 37 CFR 401.6 and any supplemental regulations of the agency in effect on the date of contract award.

(i) Special provisions for contracts with nonprofit organizations. If the Contractor is a nonprofit organization, it shall--

(1) Not assign rights to a subject invention in the United States without the written approval of the agency, except where an assignment is made to an organization that has as one of its primary functions the management of inventions, provided, that the assignee shall be subject to the same provisions as the Contractor;

(2) Share royalties collected on a subject invention with the inventor, including Federal employee co-inventors (but through their agency if the agency deems it appropriate) when the subject invention is assigned in accordance with

35 U.S.C. 202(e) and 37 CFR 401.10;

(3) Use the balance of any royalties or income earned by the Contractor with respect to subject inventions, after payment of expenses (including payments to inventors) incidental to the administration of subject inventions for the support of scientific research or education; and

(4) Make efforts that are reasonable under the circumstances to attract licensees of subject inventions that are small business concerns, and give a preference to a small business concern when licensing a subject invention if the

Contractor determines that the small business concern has a plan or proposal for marketing the invention which, if executed, is equally as likely to bring the invention to practical application as any plans or proposals from applicants that are not small business concerns; provided, that the Contractor is also satisfied that the small business concern has the capability and resources to carry out its plan or proposal. The decision whether to give a preference in any specific case will be at the discretion of the Contractor.

(5) Allow the Secretary of Commerce to review the Contractor's licensing program and decisions regarding small business applicants, and negotiate changes to its licensing policies, procedures, or practices with the Secretary of

Commerce when the Secretary's review discloses that the Contractor could take reasonable steps to more effectively implement the requirements of paragraph (i)(4) of this clause.

(j) Communications. N/A

(k) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (k), in all subcontracts for experimental, developmental, or research work to be performed by a small business concern or nonprofit organization.

(2) The Contractor shall include in all other subcontracts for experimental, developmental, or research work the substance of the patent rights clause required by FAR Subpart 27.3.

(3) At all tiers, the patent rights clause must be modified to identify the parties as follows: references to the

Government are not changed, and the subcontractor has all rights and obligations of the Contractor in the clause. The

Contractor shall not, as part of the consideration for awarding the subcontract, obtain rights in the subcontractor's subject inventions.

(4) In subcontracts, at any tier, the agency, the subcontractor, and the Contractor agree that the mutual obligations of the parties created by this clause constitute a contract between the subcontractor and the agency with respect to the matters covered by the clause; provided, however, that nothing in this paragraph is intended to confer any jurisdiction under the Contract Disputes statute in connection with proceedings under paragraph (h) of this clause.

52.243-7 NOTIFICATION OF CHANGES (APR 1984)

(a) Definitions.

"Contracting Officer," as used in this clause, does not include any representative of the Contracting Officer.

"Specifically authorized representative (SAR)," as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this subparagraph and shall be issued to the designated representative before the SAR exercises such authority.

(b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the

Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing, within 3 calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate information available to the Contractor, the notice shall state--

(1) The date, nature, and circumstances of the conduct regarded as a change;

(2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct;

(3) The identification of any documents and the substance of any oral communication involved in such conduct;

(4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;

(5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including--

(i) What contract line items have been or may be affected by the alleged change;

(ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change;

(iii) To the extent practicable, what delay and disruption in the manner and…