D01.02_W9132T18C0012_Fully_Executed.pdf
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- Improved Ecosystem Monitoring Tools for DoD Test Ranges Federal contract opportunity
- Solicitation number
- W912HZ17BAA01
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AWARD/CONTRACT
2. CONTRACT
RATING PAGE OF PAGES
3. EFFECTIVE DATE
(Proc. Inst. Ident.)
W9132T18C0012 26 Sep 2018
5. ISSUED BY CODE 6. ADMINISTERED BY (If other than Item 5) CODE
NO. 4. REQUISITION/PURCHASE REQUEST/PROJECT NO.
W81EWF82132584
ERDC CONTRACTING OFFICE
CHAMPAIGN OFFICE
P O BOX 9005
CHAMPAIGN IL 61826-9005
7. NAME AND ADDRESS OF CONTRACTOR (No., street, city, county, state and zip code)
MARK G. MILLER INC.
DBA SELECT ENGINEERING SERVICES
1544 WOODLAND PARK DR STE 310
LAYTON UT 84041-5621
CODE
11. SHIP TO/MARK FOR
1R8H0
PR W2R2 CONST ENGR LAB
RECEIVING CLERK
2902 NEWMARK DRIVE
P.O. BOX 9005
CHAMPAIGN IL 61826-9005
CODE
FACILITY CODE
W52EU2
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
2 - 3
X D E
PACKAGING AND MARKING
X F
INSPECTION AND ACCEPTANCE
X G
DELIVERIES OR PERFORMANCE
CONTRACT ADMINISTRATION DATA
H SPECIAL CONTRACT REQUIREMENTS
4 - 8
11 - 14
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 Days
10. SUBMIT INVOICES 1 ITEM
TO THE ADDRESS
SHOWN IN:
(4 copies unless otherwise specified) Section G
12. PAYMENT WILL BE MADE BY
DFAS - INDY VP GFEBS
8899 E. 56TH STREET
INDIANAPOLIS IN 46249-3800
CODE HQ0490
14. ACCOUNTING AND APPROPRIATION DATA
See Schedule
15C. QUANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT
15G. TOTAL AMOUNT OF CONTRACT $189,656.00
(X)
PART II - CONTRACT CLAUSES
SEC. DESCRIPTION PAGE(S)
PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
X I CONTRACT CLAUSES 15 - 19
PART IV - REPRESENTATIONS AND INSTRUCTIONS
J LIST OF ATTACHMENTS
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
W9132T
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
Neal Baker, Chief Financial Officer
26 SEP 2018
W9132T18C0012
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job $49,878.00 $49,878.00 BAA Improved Ecosystem Monitoring
FFP
Service inclusive of all supervision, labor, materials, supplies, equipment, facilities, travel, and per diem necessary to provide research services for the BAA proposal entitled, "Improved Ecosystem Monitoring Tools for DoD Test Ranges" task 3.1.1.
and the Performance Work Statement in Section C below.
FOB: Destination
MILSTRIP: W81EWF82132584
PURCHASE REQUEST NUMBER: W81EWF82132584
NET AMT $49,878.00
ACRN AA
CIN: W81EWF821325840001
$49,878.00
0002 1 Job $139,778.00 $139,778.00 BAA Improved Ecosystem Monitoring
FFP
Service inclusive of all supervision, labor, materials, supplies, equipment, facilities, travel, and per diem necessary to provide research services for the BAA proposal entitled, "Improved Ecosystem Monitoring Tools for DoD Test Ranges" task 3.1.2.
and the Performance Work Statement in Section C below.
FOB: Destination
MILSTRIP: W81EWF82132584
PURCHASE REQUEST NUMBER: W81EWF82132584
NET AMT $139,778.00
ACRN AB
CIN: W81EWF821325840002
$139,778.00
0003 NSP
ACCOUNTING FOR CONTRACT SERVICES
FFP
See Section C.10.d., "Accounting for Contractor Services."
NET AMT $0.00
Section C - Descriptions and Specifications
PERFORMANCE WORK STATEMENT
PERFORMANCE WORK STATEMENT
Improved Ecosystem Monitoring Tools for DoD Test Ranges
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), Construction Engineering Research Laboratory (CERL) topic CERL-23 “Land Management.”
C.2. OBJECTIVE: The objective of this project is to develop improved ecosystem monitoring tools for chemical/biological and other military test ranges to better identify and communicate impacts of testing and coordinate testing to prevent disturbance while ensuring missions are performed without unnecessary delays. Results from this project will have potentially nationwide impact and will be shared with other military test ranges and other governmental and non-governmental entities.
C.3. CONTRACTOR’S TECHNICAL PROPOSAL: The Contractor’s technical proposal entitled “Improved Ecosystem Monitoring Tools for DoD Test Ranges” dated August 8, 2018, 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 (PWS), this PWS shall govern.
C.4. PROPOSAL REVISIONS: The Government accepts Tasks 3.1.1 and 3.1.2 of the Offeror’s full proposal as technical tasks to be awarded as part of this contract. Additionally see Paragraph C.8. Meetings and Reviews and Paragraph C.10. Reports and Deliverables for reporting and deliverable requirements under this award.
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/MATERIA None
C.7. CONTRACTING OFFICER'S REPRESENTATIVE (COR): A COR will be appointed for this contract in writing in accordance with DFARS 252.201-7000. 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 paragraph 6 of the Contractor’s proposal, the Contractor shall participate in the following:
i. Project Kick-off Meeting: A project initiation meeting shall be held via teleconference within four (4) weeks after the date of contract award. The date and time shall be scheduled as mutually agreeable between the COR and the Contractor.
ii. Progress Reviews: Progress reviews shall be held via teleconference on a monthly basis during the period of service. Progress reviews shall be held on or before the 10th day of each month and cover work accomplished in the previous month as well as scheduled work for the next month. The date and time shall be scheduled as mutually agreeable between the COR and the Contractor. If the Government determines a need to conduct an onsite review, the review will be conducted at Dugway Proving Grounds.
C.9. TRAVEL: The Contractor shall travel according to the technical and funding requirements covered within the technical scope of the award. No travel to ERDC-CERL is anticipated.
C.10. REPORTS AND DELIVERABLES: The following Reports and Deliverables shall replace those specified in the Offeror’s proposal. The Contractor shall submit the following to the COR:
C.10.a. Monthly Status 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. Reports shall be segregated into two distinct sections detailing progress on each Task (3.1.1 and 3.1.2) individually. In addition, the contractor shall submit brief weekly emails to the COR and designated installation POC. Emails should be sent on Mondays and describe planned activities for the upcoming week. Emails are for the Governments situational awareness of expected activities on installation lands. Emails will become appendices to monthly reports. 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.
C.10.b. Technical Reports: Separate reports summarizing the results Tasks 3.1.1 and 3.1.2 of this contract shall be submitted. A draft version shall be submitted no later than one (1) month prior to the end of the period of service. 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 service.
C.10.c. 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. Reference Section G2b for a link to the DD Form 882.
C.10.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: https://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 AZ12
Contract Number W9132T18C0012 Contract Fiscal Year 2018 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 2 Small Business Yes Small Disadvantaged Business No Women-owned Small Business No DoD Administering Component USA- USACE CERL, Champaign https://www.ecmra/mil http://www.ecmra.mil/
Contracting Organization USA-USACE CERL, Champaign
REQUIRED
SERVICE
PARAGRAPH
NUMBER STANDARD
MAXIMUM
ALLOWABLE
DEGREE OF
DEVIATION
FROM
REQUIREMENT
METHOD OF
SURVEILLANCE
REMEDY FOR
NON-
CONFORMANCE
Weekly Progress Reports
Contractor final Proposal paragraphs 3.1 and 6 a.) Submitted as part of the monthly report 0% Review by COR Re-performance
Monthly Progress Reports
PWS Paragraph C.10.a.
Contractor final Proposal paragraphs 3.1 and 6 a.) Submitted by 10th day after end of the reporting month, b.)
Report briefly summarizes activities of the past month, problems encountered and projected activities and accomplishments of the next month
0% Review by COR Re-performance
Prepare Draft and Final Technical
Report
PWS Paragraph C.10.b.
Contractor final Proposal paragraphs 3.1 and 6 a.) Draft report submitted 30 days before end of the Period of Performance, b.)
Final Technical Report responds to government comments and documents all design, development, procedures, test plans/results, conclusions and recommendations associated with this effort. c) Delivered on or before the end of the period of performance
0% Review by COR Re-performance
DD Form 882, Report of Inventions
PWS paragraph C.10.c.
a.) Submitted by the end of the period of performance, b.)
Report is completed fully and accurately.
0% Review by COR Re-performance
Contractor Manpower Reporting
PWS paragraph C.10.d.
a.) Submitted by the end of the period of performance, b.)
Report is completed fully and accurately.
0% Review by COR Re-performance
C.11. AT/OPSEC Requirements:
C.11.a. Access and General Protection/Security Policy and Procedures: All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204- 9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.
C.11.b. For contractors who do not require CAC, but require access to a DoD facility or installation:
Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.
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 Heros 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 Heros http://www.hiringourheroes.org/ Guide to Hiring Veterans – Reference Material http://www.whitehouse.gov/sites/default/files/docs 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
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 N/A N/A N/A N/A
CLAUSES INCORPORATED BY REFERENCE
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 DODAAC /
CAGE
0001 POP 27-SEP-2018 TO
26-SEP-2019
N/A PR W2R2 CONST ENGR LAB
RECEIVING CLERK
2902 NEWMARK DRIVE
P.O. BOX 9005
CHAMPAIGN IL 61826-9005
217-373-4456 FOB: Destination
W52EU2
0002 POP 27-SEP-2018 TO
26-SEP-2019
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
W52EU2
0003 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: 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 of the contract, 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, below).
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 progress reports as required in Section C, Performance Work Statement
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: 021201820182020000 A2AEP 131053VENQ 3230 0011197481 S.0046023.34.6.1.3 021001
AMOUNT: $49,878.00
AB: 021201820182020000 A2AEP 131056VENQ 3230 0011222475 S.0046023.32.4.1.9 021001
AMOUNT: $139,778.00
ACRN CLIN/SLIN CIN AMOUNT
AA 0001 W81EWF821325840001 $49,878.00
AB 0002 W81EWF821325840002 $139,778.00
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.
“2 in 1” or “Combo”
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
Not applicable
(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 HQ0490 Issue By DoDAAC W9132T Admin DoDAAC W9132T Inspect By DoDAAC N/A Ship To Code W9132T Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) W9132T Service Acceptor (DoDAAC) W9132T Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC Contractor Discretion Other DoDAAC(s) Contractor Discretion
(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.
CERL.INVOICING@USACE.ARMY.MIL - This additional notification is important to ensure that the government is aware that the invoice documents have been submitted into WAWF.
(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.
mailto:CERL.INVOICING@USACE.ARMY.MIL
Not applicable
(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
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2016
52.204-13 System for Award Management Maintenance OCT 2016 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-21 Basic Safeguarding of Covered Contractor Information Systems
JUN 2016
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 52.215-14 Integrity of Unit Prices OCT 2010 52.219-8 Utilization of Small Business Concerns NOV 2016 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 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 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 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
52.228-5 Insurance - Work On A Government Installation JAN 1997 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 JAN 2017 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 52.243-6 Change Order Accounting APR 1984 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items NOV 2017 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
OCT 2016
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
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials
SEP 2014
252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 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 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.227-7039 Patents--Reporting Of Subject Inventions APR 1990 252.232-7010 Levies on Contract Payments DEC 2006
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel
JUN 2013
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 541715- assigned to contract number W9132T18C0012.
(Contractor to sign and date and insert authorized signer's name and title).
52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-
DESIGNATED ITEMS (MAY 2008)
(a) Definitions. As used in this clause--
Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”
Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.
(b) The Contractor, on completion of this contract, shall--
(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and
(2) Submit this estimate to Patrick Guertin, email: Patrick.J.Guertin@usace.army.mil
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):
mailto:Patrick.J.Guertin@usace.army.mil https://farsite.hill.af.mil/
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 material based on or developed under this contract, stated in the following terms: This material is based upon work supported by the Engineering Development Center – Construction Engineering Research Laboratory (ERDC-CERL) under Contract No. W9132T18C0012.
(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 the
ERDC-CERL.
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/
| 2018-09-26T15:45:27-0500 | |
| THOMAS.ANDREA.JEAN.1087328860 |
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