D01.02_W913E5-17-C-0004.pdf

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Attached to
2017 Broad Agency Announcement Federal contract opportunity
Solicitation number
W912HZ-17-BAA-01
Issued by
Department of the Army Corps of Engineers Engineering District Vicksburg

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CODE

(Hour)

PAGE(S)

until local t ime

X

A X B X C

D

EX

X G F

H

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

06-Apr-2017

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)

THOMAS F NOWOCIN

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

GUY SEELEY / PRESIDENT

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE

(781) 761-2288

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

ATMOSPHERIC AND ENVIRONMENTAL RESEARCH,

GUY SEELEY

131 HARTWELL AVE STE 4

LEXINGTON MA 02421-3105

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W913E5-17-C-0004

W913E5 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 3

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

4 - 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)

Net 30 Day s

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

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

4R116 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

tom.f.nowocin@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: 217 373-4478 (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

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

$1,680,779.00 See Schedule

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE W916TX

PR W1J5 USACE FIN CTR

5722 INTEGRITY DRIVE

BUILDING 787

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.

SEE SCHEDULE

5. DATE ISSUED4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. SOLICITATION NO.

See Item 7

W913E5-17-C-0004

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job $1,680,779.00 $1,680,779.00

BAA - AER

FFP

Improving Predictions of Terrestrial and Target Signature Behavior in Complex Natural Environments FOB: Destination

MILSTRIP: W81EWF70173913

PURCHASE REQUEST NUMBER: W81EWF70173913

NET AMT $1,680,779.00

000101 $0.00 Funding for CLIN 0001

FFP

FOB: Destination

PURCHASE REQUEST NUMBER: W81EWF70173913

NET AMT $0.00

ACRN AC

CIN: W81EWF701739130001

$132,517.00

000102 $0.00 Funding for CLIN 0001

FFP

PURCHASE REQUEST NUMBER: W81EWF70965988

NET AMT $0.00

ACRN AB

CIN: W81EWF709659880001

$146,210.00

0002 NSP

Contractor Manpower Reporting

FFP

CMR shall be performed IAW PWS, Section C.9, Paragraph f.

NET AMT

LINE ITEM FUNDING

Contract line item 0001 is incrementally funded. For this item, the sum of $278,727 of the total price is presently available for payment and allotted to this contract. This increment of funding supports Tasks 2.1.1 and 2.1.2. An allotment schedule is set forth in paragraph (j) of FAR clause 252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION, for the remaining funds.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

Title: Improving Predictions of Terrestrial and Target Signature Behavior in Complex Natural Environments

C.1. INTRODUCTION: This contract is the result of a successful proposal received under ERDC Broad Agency Announcement (BAA) Number W912HZ-16-BAA-01.

C.2. OBJECTIVE: The primary objective of the proposed effort is improve Army sensor performance prediction models and tactical decision aids by improving the fidelity of the physical models and the environmental representation, improving the content of this environmental representation with enhanced aerosol and land surface information, expanding the environmental intelligence data by providing uncertainty information, and by improving the fusion and dissemination of actionable information in enterprise computing environments.

C.3. CONTRACTOR’S TECHNICAL PROPOSAL: In accordance with FAR 24.202(a) the Contractor’s Proposal, excluding any cost information, and including all revisions up to the date of award, are incorporated herein by reference and made a part of this contract. This information may be releasable under the Freedom of Information Act. The Contractor’s technical proposal entitled “Improving Predictions of Terrestrial and Target Signature Behavior in Complex Natural Environments” is incorporated herein by reference and made a part thereof.

In the event of any discrepancies between the Contractor’s proposal and this Performance Work Statement, this Performance Work Statement shall govern.

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

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

C.6. GOVERNMENT FURNISHED EQUIPMENT: N/A

C.7. CONTRACTING OFFICER'S REPRESENTATIVE (COR): The identification of, duties, and limitations of the COR are specified in the COR appointment letter, which will be provided to the contractor at or shortly after the time of award. No Government personnel, other than the Contracting Officer, shall have the authority to do other than clarify technical points or supply relevant information to the Contractor regarding this contract.

Specifically, no requirement in these specifications may be altered through verbal clarification. Only a warranted Contracting Officer, acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.

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

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

a. Interim Briefs / Monthly Reports: Reports describing progress on the project shall be submitted to the COR via email no later than the 10th calendar day following the reporting period in the format and content specified by CRREL. Invoices for partial payment shall be accompanied by a current progress report. No partial payment will be approved unless a current progress report is received.

b. Complete Report / Technical Report: A report summarizing the results of the research performed under this contract shall be submitted in the format and content specified by CRREL that reports on findings and success toward meeting goals, moving to concept, and discussions recommending next stage of development and implementation of technologies. This report will be accompanied by any necessary augmenting datasets, algorithms, etc. developed during the period of performance. A draft version shall be submitted no later than one

(1) month prior to the end of the period of performance of this contract. The Government will review and provide comments within fifteen (15) days of receipt. A final version, incorporating Government review comments if any, shall be submitted no later than the end of the period of performance of this contract.

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

d. DD Form 882 : The Contractor shall submit DD Form 882(s) in accordance with Section I, Clause No. 252.227- 7039, “Patents – Reporting of Subject Inventions”. If the period of service of this contract is not in excess of eighteen (18) months, an interim DD Form 882 is not required.

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

f. Accounting for Contractor Services: The Office of the Assistant Secretary of the Army (Manpower & Reserved Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address: https://cmra.army.mil/. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative; (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data; (5) Estimated direct labor hours (including sub-contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-contractors); (7) Total payments (including sub-contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each sub-contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information); (11) Locations where contractor and sub-contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language: and (13) Number of contractor and sub-contractor employees deployed in theater this reporting period (by country). As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending 30 September of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a contractor’s systems to the secure web site without the need for separate data entries for each required data element at the web site. The specific formats for the XML direct transfer may be downloaded from the web site.

NDAA DATA

UIC W2R2AA - Military Appropriations

FSC AJ12

Contract Number W913E5-17-C-0004 Contract Fiscal Year 2017 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 https://contractor/

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

CONTRACTS: In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222- 38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S.

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

Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx Department of Labor Veterans Employment Assistance http://www.dol.gov/vets/ Department of Veterans Affairs–VOW to Hire Heroes Act http://benefits.va.gov/vow/ Army Wounded Warrior Program – http://wtc.army.mil/modules/employers/index.html U.S. Chamber of Commerce Foundation–Hiring Our Heroes http://www.hiringourheroes.org/ Guide to Hiring Veterans – Reference Material http://www.whitehouse.gov/sites/default/files/docs/white_house_business_council_- _guide_to_hiring_veterans_0.pdf

C.11. ANTI-TERRORISM/OPERATIONS SECURITY:

Security:

Access and General Protection/Security Policy and Procedures: Contractor personnel allowed on site shall follow all sign-in and security regulations as directed by the installation Security Office and the Technical Point of Contact (TPOC), and as listed below:

A. U.S. Citizens – Only U. S. Citizens are allowed on military installations.

B. Personnel List – Contractor shall supply the TPOC with a list of his employees who will be visiting the military installations.

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

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

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

F. Access/Deliveries – Contractor shall notify the TPOC the day before or as soon as possible when Contractor or his subcontractors are to arrive or deliveries of equipment and/or supplies are to occur. Contractor must receive his or his subcontractor’s own deliveries. Government personnel are not allowed to receive deliveries for any Contractor.

iWATCH Training: The Contractor and all associated subcontractors shall brief all employees on the USACE iWATCH program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 45 calendar days of contract award and within 45 days of new employees commencing performance on the contract.

The Contractor shall provide certification of completion to the COR within 10 days of training completion.

Training documents will be provided by the Security Office.

Pre-screen candidates using E-Verify Program: The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

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 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 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 06-APR-2017 TO

05-APR-2021

N/A PR W2R2 COLD RGNS RSCH ENG LAB

TERRESTRIAL & CRYOSPHERIC

SCIENCES BR

72 LYME ROAD

HANOVER NH 03755-1290

603-646-4192

W14GQK

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

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

0002 POP 06-APR-2017 TO

05-APR-2021

N/A PR W2R2 COLD RGNS RSCH ENG LAB

TERRESTRIAL & CRYOSPHERIC

SCIENCES BR

72 LYME ROAD

HANOVER NH 03755-1290

603-646-4192

W14GQK

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

Section G - Contract Administration Data

INVOICING INSTRUCTIONS

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

G.2. METHOD OF PAYMENT: With reference to Section G Clause No. 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS, at the Contractor's Option he may, (a) upon completion of the work, submit one invoice for payment of the entire amount due under the contract in one lump sum, or (b) submit estimates of the amount and value of the work and services performed under the contract at any time during the period of performance, but not more frequently than once a month or for amounts less than $1000 (unless a final invoice). Procedures for submitting partial invoices under (b) above are as follows:

G.2.a. Upon approval of such estimate by the Contracting Officer's Representative (COR) or Contracting Officer's Technical Representative (COTR), partial payment upon properly certified vouchers will be made to the Contractor as soon as practicable of the amount determined to be due, less all previous payments.

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

WAWF Instructions Contractor shall submit payment requests using Wide Area Workflow (WAWF) (see DFARS Clause 252.232- 7006 Wide Area WorkFlow Payment Instructions).

The Contractor shall:

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

• Ensure an electronic business point of contact (POC) is designated in the System for Award Management (SAM) site at https://www.sam.gov within ten (10) calendar days after award of this contract.

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

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

The Government Acceptor will:

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

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

The COR/COTR will:

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

• Document the COR/COTR file with the payment recommendation

The Contractor will be notified if the above information changes.

ACCOUNTING AND APPROPRIATION DATA

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

AB: 21720400000 088140 255YJ4C2FL622784T4200 RK19 22079

AMOUNT: $146,210.00

CIN W81EWF709659880001: $146,210.00

AC: 21720400000 088140 255Y5JKB4C622784T4200 RK19 22079

AMOUNT: $132,517.00

CIN W81EWF701739130001: $132,517.00

252.204-7006 Billing Instructions OCT 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

CLAUSES INCORPORATED BY FULL TEXT

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

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

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

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

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

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

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

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

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

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

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

Invoice 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 Contractor Discretion 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 COR: John Eylander: John.B.Eylander@usace.army.mil Lab Admin: Vicki Keating: Vicki.L.Keating@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.

Contract Specialist: Will McFarland: William.A.McFarland@usace.army.mil

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

mailto:Lynn.C.Long@usace.army.mil mailto:John.B.Eylander@usace.army.mil mailto:Vicki.L.Keating@usace.army.mil mailto:William.A.McFarland@usace.army.mil

(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

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010 52.215-14 Integrity of Unit Prices OCT 2010 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997 52.215-23 Limitations on Pass-Through Charges OCT 2009 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

OCT 2014

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 52.223-6 Drug-Free Workplace MAY 2001

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items

MAY 2008

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

52.227-11 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 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 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.243-1 Alt V Changes--Fixed-Price (Aug 1987) - Alternate V APR 1984 52.243-6 Change Order Accounting APR 1984 52.244-6 Subcontracts for Commercial Items JAN 2017 52.246-16 Responsibility For Supplies APR 1984 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 252.204-7000 Disclosure Of Information OCT 2016 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

252.215-7000 Pricing Adjustments DEC 2012

252.215-7002 Cost Estimating System Requirements DEC 2012 252.223-7004 Drug Free Work Force SEP 1988 252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Dec 2016)

DEC 2016

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016 252.225-7012 Preference For Certain Domestic Commodities DEC 2016 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

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 252.227-7019 Validation of Asserted Restrictions--Computer Software SEP 2016 252.227-7028 Technical Data or Computer Software Previously Delivered to the Government

JUN 1995

252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

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

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( X ) is not a small business concern under NAICS Code 541712- assigned to contract number W913E5-17-C-0004.

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

52.243-7 NOTIFICATION OF CHANGES (JAN 2017)

(a) Definitions.

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

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

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

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

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

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

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

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

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

(i) What 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 3 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

252.227-7039 PATENTS--REPORTING OF SUBJECT INVENTIONS (APR. 1990)

The Contractor shall furnish the Contracting Officer the following:

(a) Interim reports every twelve (12) months (or such longer period as may be specified by the Contracting Officer) from the date of the contract, listing subject inventions during that period and stating that all subject inventions have been disclosed or that there are no such inventions.

(b) A final report, within three (3) months after completion of the contracted work, listing all subject inventions or stating that there were no such inventions.

(c) Upon request, the filing date, serial number and title, a copy of the patent application and patent number, and issue data for any subject invention for which the Contractor has retained title.

(d) Upon request, the Contractor shall furnish the Government an irrevocable power to inspect and make copies of the patent application file.

252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)

(a) Contract line 0001 is incrementally funded. For this/these item(s), the sum of $278,727 of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.

(b) For items(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause, or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "TERMINATION FOR THE

CONVENIENCE OF THE GOVERNMENT".

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph

(a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds.

The provisions of paragraph (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "disputes."

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "DEFAULT." The provisions of this clause are limited to work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract if fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) or

(e) of this clause.

(h) Nothing in this clause affects the right of the Government to this contract pursuant to the clause of this contract entitled "TERMINATION FOR CONVENIENCE OF THE GOVERNMENT."

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract $278,727

March 31, 2018: $234,904

March 31, 2019: $501,803

March 31, 2020: $665,345

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 Broad Agency Announcement Program and the Cold Regions Research and Engineering Laboratory (ERDC-CRREL) under contract number W913E5-17-C-0004.

(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 Broad Agency Announcement Program and the Cold Regions Research and Engineering Laboratory

(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/…

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