D01.02_W913E5-16-C-0011.pdf

AWARD/CONTRACT

2. CONTRACT

RATING PAGE OF PAGES

3. EFFECTIVE DATE

(Proc. Inst. Ident.)

W913E5-16-C-0011

5. ISSUED BY CODE 6. ADMINISTERED BY (If other than Item 5) CODE

NO. 4. REQUISITION/PURCHASE REQUEST/PROJECT NO.

W81EWF61824487

ERDC CONTRACTING OFFICE

HANOVER OFFICE

72 LYME ROAD

HANOVER NH 03755-1290

7. NAME AND ADDRESS OF CONTRACTOR (No., street, city, county, state and zip code)

APPLIED SPECTRA, INC.

46665 FREMONT BLVD

FREMONT CA 94538-6410

CODE

11. SHIP TO/MARK FOR

3X1B6

PR W2R2 COLD RGNS RSCH ENG LAB

BIOGEOCHEMICAL SCIENCES BR

SUPPLY SECTION

72 LYME ROAD

HANOVER NH 03755-1290

CODE

FACILITY CODE

W14GQK

13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION:

[ ] 10 U.S.C. 2304(c)( )

15A. ITEM NO.

[ ] 41 U.S.C. 253(c)( )

15B. SUPPLIES/ SERVICES

SEE SCHEDULE

(X)

PART I - THE SCHEDULE

SEC. DESCRIPTION

16. TABLE OF CONTENTS

PAGE(S)

X X

A SOLICITATION/ CONTRACT FORM 1

X B C

SUPPLIES OR SERVICES AND PRICES/ COSTS

DESCRIPTION/ SPECS./ WORK STATEMENT

X D E

PACKAGING AND MARKING

X F

INSPECTION AND ACCEPTANCE

X G

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

H SPECIAL CONTRACT REQUIREMENTS

3 - 4

7 - 9

17. [ ] CONTRACTOR'S NEGOTIATED AGREEMENT

CONTRACTING OFFICER WILL COMPLETE ITEM 17 (SEALED-BID OR NEGOTIATED PROCUREMENT) OR 18 (SEALED-BID PROCUREMENT) AS APPLICABLE document and return copies to issuing office.)

Contractor is required to sign this items or perform all the services set forth or otherwise identified above and on any continuation Contractor agrees to furnish and deliver all sheets for the consideration stated herein. The rights and obligations of the parties to this contract shall be subject to and governed by the following documents: (a) this award/contract,

(b) the solicitation, if any , and (c) such provisions, representations, certifications, and specifications, as are attached or incorporated by reference herein.

(Attachments are listed herein.)

19A. NAME AND TITLE OF SIGNER (Type or print)

19B. NAME OF CONTRACTOR 19C. DATE SIGNED

BY

(Signature of person authorized to sign)

Previous edition is NOT usable

See Item 5

8. DELIVERY

[ ] FOB ORIGIN [ ] OTHER X (See below)

9. DISCOUNT FOR PROMPT PAYMENT

Net 30 Day s

10. SUBMIT INVOICES 1 ITEM

TO THE ADDRESS

SHOWN IN:

(4 copies unless otherwise specified) Section G

12. PAYMENT WILL BE MADE BY

PR W1J5 USACE FIN CTR

5722 INTEGRITY DRIVE

BUILDING 787

MILLINGTON TN 38054-5005

CODE W916TX

14. ACCOUNTING AND APPROPRIATION DATA

See Schedule

15C. QUANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT

15G. TO TAL AMO UNT O F CO NTRACT $64,984.50

(X)

PART II - CO NTRACT CLAUSES

SEC. DESCRIPTION PAGE(S)

PART III – LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACH.

X I CONTRACT CLAUSES 10 - 15

X

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

J LIST OF ATTACHMENTS 16

K

L

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

INSTRS., CONDS., AND NOTICES TO OFFERORS

M EVALUATION FACTORS FOR AWARD

18. [ ] SEALED-BID AWARD (Contractor is not required to sign this document.)

20A. NAME OF CONTRACTING OFFICER

TEL: EMAIL:

20B. UNITED STATES OF AMERICA

BY

(Signature of Contracting Officer)

20C. DATE SIGNED

W913E5

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

AUTHORIZED FOR LOCAL REPRODUCTION

Prescribed by GSA – FAR (48 CFR) 53.214(a)

STANDARD FORM 26 (REV. 5/2011)

document is necessary . (Block 18 should be checked only when awarding a sealed-bid contract.)

following documents: (a) the Government's solicitation and your bid, and (b) this award/contract. No further contractual to the terms listed above and on any continuation sheets. This award consummates the contract which consists of the including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as

Your bid on Solicitation Number

R.E. Russo President

8/1/16 Applied Spectra JENKINS.ASHLEY.M.12836

75552

Digitally signed by JENKINS.ASHLEY.M.1283675552 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=JENKINS.ASHLEY.M.1283675552 Date: 2016.08.04 16:04:55 -05'00'

AWARD/CONTRACT

2. CONTRACT

RATING PAGE OF PAGES

3. EFFECTIVE DATE

(Proc. Inst. Ident.)

W913E5-16-C-0011 04 Aug 2016

5. ISSUED BY CODE 6. ADMINISTERED BY (If other than Item 5) CODE

NO. 4. REQUISITION/PURCHASE REQUEST/PROJECT NO.

W81EWF61824487

ERDC CONTRACTING OFFICE

HANOVER OFFICE

72 LYME ROAD

HANOVER NH 03755-1290

7. NAME AND ADDRESS OF CONTRACTOR (No., street, city, county, state and zip code)

APPLIED SPECTRA, INC.

46665 FREMONT BLVD

FREMONT CA 94538-6410

CODE

11. SHIP TO/MARK FOR

3X1B6

PR W2R2 COLD RGNS RSCH ENG LAB

BIOGEOCHEMICAL SCIENCES BR

SUPPLY SECTION

72 LYME ROAD

HANOVER NH 03755-1290

CODE

FACILITY CODE

W14GQK

13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION:

[ ] 10 U.S.C. 2304(c)( )

15A. ITEM NO.

[ ] 41 U.S.C. 253(c)( )

15B. SUPPLIES/ SERVICES

SEE SCHEDULE

(X)

PART I - THE SCHEDULE

SEC. DESCRIPTION

16. TABLE OF CONTENTS

PAGE(S)

X X

A SOLICITATION/ CONTRACT FORM 1

X B C

SUPPLIES OR SERVICES AND PRICES/ COSTS

DESCRIPTION/ SPECS./ WORK STATEMENT

X D E

PACKAGING AND MARKING

X F

INSPECTION AND ACCEPTANCE

X G

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

H SPECIAL CONTRACT REQUIREMENTS

3 - 4

7 - 9

17. [ ] CONTRACTOR'S NEGOTIATED AGREEMENT

CONTRACTING OFFICER WILL COMPLETE ITEM 17 (SEALED-BID OR NEGOTIATED PROCUREMENT) OR 18 (SEALED-BID PROCUREMENT) AS APPLICABLE document and return copies to issuing office.)

Contractor is required to sign this items or perform all the services set forth or otherwise identified above and on any continuation Contractor agrees to furnish and deliver all sheets for the consideration stated herein. The rights and obligations of the parties to this contract shall be subject to and governed by the following documents: (a) this award/contract,

(b) the solicitation, if any , and (c) such provisions, representations, certifications, and specifications, as are attached or incorporated by reference herein.

(Attachments are listed herein.)

19A. NAME AND TITLE OF SIGNER (Type or print)

19B. NAME OF CONTRACTOR 19C. DATE SIGNED

BY

(Signature of person authorized to sign)

Previous edition is NOT usable

See Item 5

8. DELIVERY

[ ] FOB ORIGIN [ ] OTHER X (See below)

9. DISCOUNT FOR PROMPT PAYMENT

Net 30 Day s

10. SUBMIT INVOICES 1 ITEM

TO THE ADDRESS

SHOWN IN:

(4 copies unless otherwise specified) Section G

12. PAYMENT WILL BE MADE BY

PR W1J5 USACE FIN CTR

5722 INTEGRITY DRIVE

BUILDING 787

MILLINGTON TN 38054-5005

CODE W916TX

14. ACCOUNTING AND APPROPRIATION DATA

See Schedule

15C. QUANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT

15G. TO TAL AMO UNT O F CO NTRACT $64,984.50

(X)

PART II - CO NTRACT CLAUSES

SEC. DESCRIPTION PAGE(S)

PART III – LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACH.

X I CONTRACT CLAUSES 10 - 15

X

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

J LIST OF ATTACHMENTS 16

K

L

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

INSTRS., CONDS., AND NOTICES TO OFFERORS

M EVALUATION FACTORS FOR AWARD

18. [ ] SEALED-BID AWARD (Contractor is not required to sign this document.)

20A. NAME OF CONTRACTING OFFICER

ASHLEY M JENKINS / CONTRACTING OFFICER

TEL: 217-373-7297 EMAIL: ashley.m.jenkins@usace.army.mil

20B. UNITED STATES OF AMERICA

BY

(Signature of Contracting Officer)

20C. DATE SIGNED

04-Aug-2016

W913E5

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

AUTHORIZED FOR LOCAL REPRODUCTION

Prescribed by GSA – FAR (48 CFR) 53.214(a)

STANDARD FORM 26 (REV. 5/2011)

document is necessary . (Block 18 should be checked only when awarding a sealed-bid contract.)

following documents: (a) the Government's solicitation and your bid, and (b) this award/contract. No further contractual to the terms listed above and on any continuation sheets. This award consummates the contract which consists of the including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as

Your bid on Solicitation Number

W913E5-16-C-0011

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job $64,984.50 $64,984.50 BAA Task 7

FFP

Compare the performance (accuracy and sensitivity) of other analytical techniques to data obtained using LIBS analysis on environmental samples and standards.

FOB: Destination

MILSTRIP: W81EWF61824487

PURCHASE REQUEST NUMBER: W81EWF61824487

NET AMT $64,984.50

ACRN AA

CIN: W81EWF618244870001

$64,984.50

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 NSP

Accounting for Contractor Services

FFP

Reference Section C.10D, "Accounting for Contractor Services" FOB: Destination

MILSTRIP: W81EWF61824487

NET AMT $0.00

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

Title: Laser Induced Breakdown Spectroscopy (LIBS) Characterization of Environmental Samples

C.1. INTRODUCTION: This contract is the result of a successful proposal received under ERDC Broad Agency Announcement (BAA) Number W912HZ14BAA01 Program Area CRREL-4, Environmental Fate and Transport Geochemistry Technical Area - Topic 4: Innovative Detection and Analysis Methods for Contaminants in Soil, Water, and Air in Situ or in the Laboratory.

C.2. OBJECTIVE: The objective is to compare the performance (accuracy, precision, sensitivity and limits of detection) of handheld XRF and laboratory ICP-OES with the LIBS results obtained in prior research for the analysis of metal cations in water ice standards. Additionally, samples of water ice contaminated with petroleum products and small quantities of explosives will be interrogated to determine if LIBS can identify and discriminate between these materials.

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 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 “Laser Induced Breakdown Spectroscopy (LIBS) Characterization of Environmental Samples” dated 14 April 2015 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: As provided by Contractor in “Proposal Revision” and “Budget Justification” documents submitted 14 April 2015. Also, see Paragraph C.10 “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 SUPPLIED INFORMATION/MATERIAL: 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. 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 the Contractor’s proposal, the Contractor shall submit the following to the COR:

a. Monthly Progress 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. 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.

b. 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.

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.

d. Accounting for Contractor Services: The Contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the U.S. Army via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra/mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs from October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at http://www.ecmra.mil/.

CMRA DATA

UIC W2R2AA - Military Appropriations

FSC AJ11

Contract Number W913E5-16-C-0011 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 DoD Administering Component USA- USACE CRREL, Hanover Contracting Organization USA- USACE CRREL, Hanover

C.11. SECURITY REQUIREMENTS: The following requirement applies:

a. Access and General Protection/Security Policy and Procedures: The Contractor and all associated subcontractor employees shall comply with applicable installation, access and local security policies and procedures.

Policies and procedures will be provided by the local Security Office. The Contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA, and local policies. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor security matters or processes.

http://www.ecmra/mil http://www.ecmra.mil/

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

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 52.246-16 Responsibility For Supplies APR 1984 252.246-7000 Material Inspection And Receiving Report MAR 2008

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 05-AUG-2016 TO

04-AUG-2017

N/A PR W2R2 COLD RGNS RSCH ENG LAB

BIOGEOCHEMICAL SCIENCES BR

SUPPLY SECTION

72 LYME ROAD

HANOVER NH 03755-1290

603-646-4869 FOB: Destination

W14GQK

0002 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. METHOD OF PAYMENT: With reference to Section I Clause No. 52.232-2, PAYMENTS UNDER FIXED-PRICE RESEARCH AND DEVELOPMENT CONTRACTS, and 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.1.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.1.b. Upon completion by the Contractor of the work to be performed under the contract, acceptance of suchwork 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.

https://wawf.eb.mil/

ACCOUNTING AND APPROPRIATION DATA

AA: 21620400000 088140 255YL2F864622784T4000 RK17 22079

AMOUNT: $64,984.50

CIN W81EWF618244870001: $64,984.50

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 Only (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 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.

WAWF Acceptor - Lynn Long: Lynn.C.Long@usace.army.mil Contracting Officer’s Representative – Justin Berman: Justin.B.Berman@usace.army.mil Technical Point of Contact – Jay Clausen: Jay.L.Clausen@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)

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

52.204-10 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 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

OCT 2014

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 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 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 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 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

52.227-11 Patent Rights--Ownership By The Contractor MAY 2014 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 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items JUN 2016 52.246-23 Limitation Of Liability FEB 1997 52.246-25 Limitation Of Liability--Services FEB 1997 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

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 252.204-7003 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

252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.225-7048 Export-Controlled Items JUN 2013 252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014 252.227-7016 Rights in Bid or Proposal Information JAN 2011 252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7039 Patents--Reporting Of Subject Inventions APR 1990 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 (X ) is, ( ) is not a small business concern under NAICS Code 541712- assigned to contract number W913E5-16-C-0011.

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

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 10 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 sequence of performance and effect on continued performance have been or may be caused by the alleged change;

(iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and

(6) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to minimize cost, delay or disruption of performance.

(c) Continued performance. Following submission of the notice required by (b) above, the Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance; provided, however, that if the Contractor regards the direction or communication as a change as described in (b) above, notice shall be given in the manner provided. All directions, communications, interpretations, orders and similar actions of the SAR shall be reduced to writing and copies furnished to the Contractor and to the Contracting Officer. The Contracting Officer shall countermand any action which exceeds the authority of the SAR.

(d) Government response. The Contracting Officer shall promptly, within 10 calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer shall either--

(1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance;

(2) Countermand any communication regarded as a change;

(3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or

(4) In the event the Contractor's notice information is inadequate to make a decision under (1), (2), or (3) above, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.

(e) Equitable adjustments.

(1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall be made--

(i) In the contract price or delivery schedule or both; and

(ii) In such other provisions of the contract as may be affected.

(2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay resulting from the Contractor's failure to provide notice or to continue performance as provided, respectively, in (b) and (c) above.

Note: The phrases “contract price” and “cost” wherever they appear in the clause, may be appropriately modified to apply to cost-reimbursement or incentive contracts, or to combinations thereof.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/VFDFARA.htm http://farsite.hill.af.mil/VFFARA.htm

252.235-7010 Acknowledgment of Support and Disclaimer. (MAY 1995)

(a) The Contractor shall include an acknowledgment of the Government's support in the publication of any materialbased on or developed under this contract, stated in the following terms: This material is based upon work supportedby the Broad Agency Announcement (BAA) Program and the Engineering Research and Development Center (ERDC) – Cold Regions Research and Engineering Laboratory (CRREL) under Contract No. W913E5-16-C- 0011.

(b) All material, except scientific articles or papers published in scientific journals, must, in addition to any notices or disclaimers by the Contractor, also contain the following disclaimer: Any opinions, findings and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of theBAA Program or ERDC-CRREL.

252.235-7011 FINAL SCIENTIFIC OR TECHNICAL REPORT (JAN 2015)

The Contractor shall--

(a) Submit an electronic copy of the approved final scientific or technical report, not a summary, delivered under this contract to the Defense Technical Information Center (DTIC) through the web-based input system at http://www.dtic.mil/dtic/submit/ as required by DoD Instruction 3200.12, DoD Scientific and Technical Information Program (STIP). Include a completed Standard Form (SF) 298, Report Documentation Page, in the document, or complete the web-based SF 298.

(b) For instructions on submitting multi-media reports, follow the instructions at http://www.dtic.mil/dtic/submit.

(c) Email classified reports (up to Secret) to TR@DTIC.SMIL.MIL. If a SIPRNET email capability is not available, follow the classified submission instructions at http://www.dtic.mil/dtic/submit/.

http://www.dtic.mil/dtic/submit/ http://www.dtic.mil/dtic/submit mailto:TR@DTIC.SMIL.MIL http://www.dtic.mil/dtic/submit/

Section J - List of Documents, Exhibits and Other Attachments

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Surveillance Matrix 1 26-JUL-2016