D01.02_--_W913E5-16-C-0006_--_TAMU.pdf

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RATING PAGE OF PAGES

7. ISSUED BY

(Date)

11-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. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

TEXAS A & M UNIVERSITY

400 HARVEY MITCHELL PKY S STE 300

COLLEGE STATION TX 77845-4375

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W913E5-16-C-0006

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

1 - 2 3 - 5

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

6 - 8 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

10 K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 11 - 14

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)

30 Day s - 100%

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

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

1T3H7 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)

CLINS 0001 THRU 0005

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

$410,106.00 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

Section G

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE 964145

ARMY CORPS OF ENGINEERS CIVIL WORKS (U4)

BUILDING 787

5722 INTEGRITY DRIVE

MILLINGTON TN 38054-5005

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

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

15 - 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.

W81EWF60830064

5. DATE ISSUED4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. SOLICITATION NO.

See Item 7

11-Aug-2016

W913E5-16-C-0006

Section A - Solicitation/Contract Form

CONTRACTOR ADMINISTRATIVE POC: Denise Mackan Project Administrator II Sponsored Research Services

(979) 862-4450 (v)

(979) 862.3250 (f) dmackan@tamus.edu

CONTRACTOR PRINCIPAL INVESTIGATORS: Andrew Klein, Ph.D.

Geography Department

(979) 458-0115 klein@tamu.edu

CONTRACTING OFFICER’S REPRESENTATIVE: Janet P. Hardy

(603) 646-4306 Janet.P.Hardy@usace.army.mil

GOVERNMENT TECHNICAL POC: Terry D. Melendy, Jr.

(603) 646-4202 Terry.D.Melendy@usace.army.mil

CONTRACTING POC: Wendy Adams ( 603) 646-4323 Wendy.A.Adams@usace.army.mil mailto:dmackan@tamus.edu mailto:klein@tamu.edu mailto:Janet.P.Hardy@usace.army.mil mailto:Terry.D.Melendy@usace.army.mil mailto:Wendy.A.Adams@usace.army.mil

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job $410,106.00 $410,106.00 IGF::OT::IGF BAA Log 13-0010 U437H00

FFP

This is a firm fixed price contract issued under the U.S. Army / ERDC’s Broad Agency Announcement (BAA) program against Contractor’s revised full proposal dated 8-March-2016 entitled “Toward Enhanced Monitoring of Human Impacts in Cold Regions“. This contract provides 24-month funding for the effort outlined under the Contractor's proposal as Year 2 and Year 3. Time frame for this work is twenty four months beginning on the date the Contracting Officer signs this contract, on or before 8-August-2016.

FOB: Destination

NET AMT $410,106.00

000101 $0.00 Additional Funding - Yr 2 -- CLIN 0001

FFP

FOB: Destination

MILSTRIP: W81EWF60830064

PURCHASE REQUEST NUMBER: W81EWF60830064

NET AMT $0.00

ACRN AA

CIN: W81EWF608300640001

$14,524.85

000102 $0.00 Additional Year 2 funding -- CLIN 0001

FFP

FOB: Destination

ACRN AB

CIN: W81EWF608300640002

$233,850.15

000103 $0.00 Funding for Year 3

FFP

FOB: Destination

ACRN AC

CIN: W81EWF608300640003

$152,273.05

000104 $0.00 Additional Year 3 Funding

FFP

FOB: Destination

ACRN AD

CIN: W81EWF608300640004

$9,457.95

Section C - Descriptions and Specifications

STATEMENT OF WORK

C.1. INTRODUCTION: This contract is the result of a successful proposal received under the Engineer Research and Development Center (ERDC) Broad Agency Announcement (BAA), Cold Regions Research and Engineering Laboratory (CRREL) topic BAA Log Number: 13-0010 entitled “Toward Enhanced Monitoring of Human Impacts in Cold Regions.”

C.2. OBJECTIVE: This is a two-year effort to apply state-of-the-art monitoring tools to enhance the understanding of spatial and temporal patterns of localized human impacts in cold regions using Antarctica as an exemplar study site. The project will develop techniques, methodologies, and interpretational tools needed to inform environmental management decisions. In addition, the knowledge generated will foster improved scientific, fact-based environmental practices to mitigate and minimize the impacts of humans in cold regions. The proposed project builds on and continues thirteen years of near-continuous monitoring of human impacts at McMurdo Station, Antarctica, and expands these practices to Palmer Station and the McMurdo Dry Valleys. The effectiveness of a core set of monitoring parameters has been established that can detect impacts and unambiguously link them to human activities. Studies at two Antarctic scientific Stations will be augmented by “nested observational” studies designed in close consultation with the U.S. Antarctic Program civilian contractor and the National Science Foundation (NSF) that closely couple monitoring information with management decision-making processes. The project continues the long-term observations needed to detect and quantify long-term temporal trends in marine and terrestrial disturbance patterns at McMurdo Station at a reduced, but adequate, level of effort. Similar techniques will be applied to Palmer Station, a physical setting unique from McMurdo Station, to better establish the utility, adaptability, and generality of monitoring designs and methodologies to other cold region localities.

The project will accomplish two major objectives:

1) continuance and establishment of a framework for long-term monitoring programs at McMurdo and Palmer Station and

2) testing of the transferability of the techniques, methodologies, and designs of these studies to other cold region settings.

The effort covered under W913E5-15-C-0001 and the second year of this award will include a reduced sampling and analysis regime at McMurdo Station augmenting previous time-series monitoring efforts to determine if the areal extent of the Station’s anthropogenic “footprint” is increasing, decreasing, or static. Studies in the area will be extended to McMurdo Dry Valleys’ helicopter landing sites and field camps. Studies at Palmer Station will be a phased-in over two years with a reconnaissance field effort in the first 12-months to better understand the environment, and to inform design planning for the second 12-month period when a preliminary monitoring design will be implemented. Alternating the focus of efforts every other year between the two locations provides a cost effective study design to observe human impacts and maintain the integrity of long-term observational datasets at McMurdo Station.

Deliverables include:

1) regular progress reports and annual reports synthesizing all data collected in the global context,

2) recommendations regarding methodologies and the design of monitoring programs in cold regions,

3) publication of project results in the peer-reviewed literature and presented at international and national scientific meetings, and

4) broader impacts by involving students and teachers in the program and maintaining an active public outreach effort.

These studies:

1) partially fulfill national and international obligations to monitor the impact of U.S. citizens in Antarctica as a signatory to the International Antarctic Treaty, and

2) provides supplemental information in support of Antarctic Specially Managed Areas (ASMAs) in the McMurdo Dry Valleys and at Palmer Station. The proposed R&D work supports specific objectives important to the NSF who provided funding for this project while also supports the ERDC-CRREL mission to solve interdisciplinary, strategically-important problems of the United States Army, the Department of Defense and the Nation by advancing and applying science to complex environments and processes in the Earth’s cold regions. The anticipated new knowledge will enhance our understanding of the impacts that humans can have on an environment, update our knowledge on environmental monitoring techniques, and on methods to remediate existing human impacts on extremely cold environments.

C.3. CONTRACTOR’S TECHNICAL PROPOSAL: In accordance with FAR 24.202(a), the Contractor’s technical proposal entitled “Toward Enhanced Monitoring of Human Impacts in Cold Regions“, excluding any cost information, and including all revisions up to the date of award, is incorporated herein by reference and made a part of this contract. This information may be releasable under the Freedom of Information Act. In the event of any discrepancies between the Contractor’s proposal and this Statement of Work, this Statement of Work shall govern.

C.4. PROPOSAL REVISIONS: See Paragraph C.10. Reports and Deliverable 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 SUPPLIED SUPPLIES / INFORMATION / MATERIAL: None

C.7. CONTRACTING OFFICER'S REPRESENTATIVE (COR): 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 (either a Procuring Contracting Officer (PCO), or an Administrative Contracting Officer (ACO)), 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: In addition to the meetings and reviews listed in the Contractor’s proposal, reviews are required beyond those specified in the Contractor’s proposal. The Contractor shall participate in the following:

1. PrePerformance Meeting: This will involve all the project participants including the Contractor, and will begin the detailed planning for the initial 12-month effort. Meeting shall occur as soon after contract award as is feasible for all attendees.

2. Progress Review Teleconferences: Monthly phone conferences will be held as necessary with the ERDC CRREL COR to discuss project progress. The dates and times shall be scheduled as mutually agreeable between the COR and the Contractor, and the conferences will generally last less than half an hour.

3. Final Presentation: The Contractor is not required to attend the Final Presentation for the project end. The Contractor will attend a draft review meeting of the final presentation. The Contractor may attend the meeting via teleconference.

C.9. TRAVEL: No travel beyond any listed in the Contractor’s proposal is authorized under this contract.

C.10. REPORTS AND DELIVERABLES: In addition to the reports and deliverables listed in Technical Approach of the Contractor’s proposal, the Contractor shall submit the following to the COR:

C.10.a. 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 at http://www.cecer.army.mil/contracts/formindex.html, “Monthly Progress Report.” These reports shall be as of the last day of the month, and the first and last report may cover more than a month with prior concurrence of the COR.

Invoices for partial payment shall be submitted to coincide with submission of the monthly progress reports, and a copy shall be included as an attachment in WAWF (see Section G). No partial payment will be approved unless the government has received all progress reports which are due.

http://www.cecer.army.mil/contracts/formindex.html

C.10.b. DD Form 882(s ): 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. Reference Section G2b for a link to the DD Form 882.

C.10.c 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.

C.11. SECURITY REQUIREMENTS:

A. AT Awareness Training for Contractor Personnel Traveling Overseas. US based contractor employees and associated sub-contractor employees will receive government provided area of responsibility (AOR) specific AT awareness training as directed by AR 525-13. Specific AOR training content is directed by the combatant commander with the unit ATO being the local point of contact.

B. For Contract Requiring Performance or Delivery in a Foreign Country. DFARS Clause 252.225- 7043, Antiterrorism/Force Protection for Defense Contractors Outside the US. The contractor is required or may be required to performance or delivery in a foreign country. All contractors to include non-local national contractor personnel will comply with theater clearance requirements and allow the combatant commander to exercise oversight to ensure the contractor’s compliance with combatant commander and subordinate task force commander policies and directives.

C.12. 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 http://www.fedshirevets.gov/index.aspx http://www.dol.gov/vets/ http://benefits.va.gov/vow/ http://wtc.army.mil/modules/employers/index.html http://www.hiringourheroes.org/ http://www.whitehouse.gov/sites/default/files/docs/white_house_business_council_-

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 Destination Government Destination Government 000102 Destination Government Destination Government 000103 N/A N/A N/A Government 000104 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 15-AUG-2016 TO

14-AUG-2018

N/A PR W2R2 COLD RGNS RSCH ENG LAB

FP&SB -- JANET P. HARDY

SUPPLY SECTION

72 LYME ROAD

HANOVER NH 03755-1290

603-646-4306 FOB: Destination

W14GQK

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

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

000103 N/A N/A N/A N/A

000104 N/A N/A N/A N/A

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 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 Clauses No. 52.232-2, PAYMENTS UNDER FIXED-

PRICE RESEARCH AND DEVELOPMENT CONTRACTS, 52.232-32 PERFORMANCE-BASED PAYMENTS,

and 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS, and Section E, DFARS Clause 252.246-7000, MATERIAL INSPECTION AND RECEIVING REPORT, 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 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, Clause 252.227-7039).

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 above.

• Attach a DD 250(s) to the invoice in WAWF. The following website provides blank DD Forms 250 and

882: http://www.dtic.mil/whs/directives/infomgt/forms/formsprogram.htm.

• 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) business days, via email, based on the Contractor’s progress-to-date.

• Document the COR/COTR file with the payment recommendation https://wawf.eb.mil/ https://www.sam.gov/ http://www.dtic.mil/whs/directives/infomgt/forms/formsprogram.htm

The Contractor will be notified if the above information changes.

For internal purposes only, the CEFMS DATABASE for payments under this award is: U4

G.3. INVOICING: The Government does not provide payments in advance, when invoices are furnished, a progress report for the work accomplished during that billing period shall accompany the invoice sent to the Government’s point of contact listed above. The final report submitted at the end of the contract shall include all work accomplished within the life of the contract.

G.4. PROPERTY / EQUIPMENT: No funding has been set aside to acquire property / equipment. Any changes to this must be accomplished under a formal modification. Contractor shall not purchase equipment before a signed modification is received or verbal permission is given by the Contracting Officer.

G.5. TRAVEL: All travel expenses have been incorporated under this fully funded award and shall be coordinated with the Government’s point of contact providing sufficient advance notification to allow time to obtain any approvals / clearances that may be required should such travel include visits to Government installations.

Should travel to a Government site involve work on Government computers, NAC information must be submitted to the Security Officer (may be submitted through the Government’s point of contact) before arrival.

G.6. KEY PERSONNEL: Key personnel are understood to be those individuals who will perform or personally direct the work being described, such as, but not limited to, project managers, principal investigators, and team leaders. Contractor shall assign to this contract the following key personnel:

Andrew Klein, PhD During the first ninety (90) calendar days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer immediately after the occurrence of any of these events and provide information on circumstances and recommended substitution. After the initial 90-day period, the Contractor shall submit the circumstances and recommended substitution to the Contracting Officer at least 15 calendar days prior to making any permanent substitutions (thirty (30) calendar days if security clearance is to be obtained).

The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitution(s), complete resume(s) for the proposed substitute(s), and any additional information requested by the Contracting Officer needed to approve or disapprove the proposed substitution. Proposed substitute(s) shall be of equal or superior qualifications to those of the person(s) being replaced. The Contracting Officer will notify the Contractor within 20 calendar days after receipt of all required information of the approval or disapproval on substitution(s).

ACCOUNTING AND APPROPRIATION DATA

AA: 96X31210000 082460 2520J8H9B10WDNSF NA 96223

AMOUNT: $14,524.85

CIN W81EWF608300640001: $14,524.85

AB: 96X31210000 082460 25206F48510WDNSF NA 96223

AMOUNT: $233,850.15

CIN W81EWF608300640002: $233,850.15

AC: 96X31210000 082460 2520CLLF330WDNSF NA 96223

AMOUNT: $152,273.05

CIN W81EWF608300640003: $152,273.05

AD: 96X31210000 082460 25207F13910WDNSF NA 96223

AMOUNT: $9,457.95

CIN W81EWF608300640004: $9,457.95

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

DFARS CLAUSE 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* https://wawf.eb.mil/

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC 964145 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 N/A Other DoDAAC(s) N/A

(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.

Janet Hardy: Janet.P.Hardy@usace.army.mil Lynn Long: Lynn.C.Long@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.

Ashley Jenkins, Contracting Officer @ Ashley.m.jenkins@usace.army.mil Wendy A. Adams, Contract Specialist @ wendy.a.adams@usace.army.mil

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

(End of clause) mailto:Janet.P.Hardy@usace.army.mil mailto:Lynn.C.Long@usace.army.mil mailto:Ashley.m.jenkins@usace.army.mil mailto:wendy.a.adams@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 52.219-8 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 52.223-18 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 52.232-23 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 52.242-13 Bankruptcy JUL 1995 52.243-1 Alt V Changes--Fixed-Price (Aug 1987) - Alternate V 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 52.249-5 Termination For Convenience Of The Government

(Educational And Other Nonprofit Institutions)

SEP 1996

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 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

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

252.209-7005 Reserve Officer Training Corps and Military Recruiting on Campus

MAR 2012

252.223-7004 Drug Free Work Force SEP 1988 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.225-7048 Export-Controlled Items JUN 2013 252.227-7013 Alt I Rights in Technical Data--Noncommercial Items (FEB 2014)

- Alternate I

JUN 1995

252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation

FEB 2014

252.227-7016 Rights in Bid or Proposal Information JAN 2011 252.227-7039 Patents--Reporting Of Subject Inventions APR 1990 252.232-7010 Levies on Contract Payments DEC 2006 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 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 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

CLAUSES INCORPORATED BY FULL TEXT

FAR CLAUSE 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 thereafterr.

(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, (X ) is not a small business concern under NAICS Code 541712 assigned to contract number W913E5-16-C-0006.

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

(End of clause)

FAR CLAUSE 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 W913E5-16- C-0006 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…