Exhibit 10.5
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AWARD/CONTRACT 1. THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES
UNDER DPAS(15 CFR 700) doe9e 1 2
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2. CONTRACT (Proc. Inst. Ident.) NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUEST/PROJECT NO.
DAAE30-97-C-1081 15 AUG 1997 LA7A7F-CR1A-NGO1 /DIS
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5. ISSUED BY CODE W15QKN11 6. ADMINISTERED BY (if other than Item 5) CODE 93101A
US ARMY TACOM-ARDEC DGMC, SPRINGFIELD
AMSTA-AR-PC-G, BLDG 9 B/1, ARDEC DCMDE-GXOH
PICATINNY XXXXXXX XX 00000-0000 PICATINNY XXXXXXX XX
00000-0000
Xxxxx Xxxxxxx SC1
(000) 000-0000
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7. NAME AND ADDRESS OF CONTRACTOR (No., street, Vendor ID: 00007200 8. DELIVERY
city, county, State and ZIP Code)
/ / FOB ORIGIN /X/ OTHER (See below)
PHYTOTECH TIN 000000000 ----------------------------------------
0 XXXX XXXX XXXXX 9. DISCOUNT FOR PROMPT PAYMENT
XXXXXXXX XXXXXXXX XX 00000
00.000% 000 Net 030
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10. SUBMIT INVOICES ITEM
(4 copies unless other-
wise specified) TO THE 12
ADDRESS SHOWN IN:
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CODE 0A8M0 FACILITY CODE
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11. SHIP TO/XXXX FOR CODE empty 12. PAYMENT WILL BE MADE BY CODE SC1010
DFAS-COLUMBUS CENTER
DFAS-CO-JND/INDEPENDENCE DIVISION
X.X. XXX 000000
XXXXXXXX XX 00000-0000 EFT: T
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13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 14. ACCOUNTING AND APPROPRIATION DATA
AA:
/X/ 10 U.S.C. 2304(c)( ) / / 41 U.S.C.(c)( ) 2172040000076D6D03665502-M40552581FK10007FCRT1028017
Award Oblig Amt US$ 186,660.00
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15A. ITEM NO. 15B. SUPPLIES/SERVICES 15C. QUANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT
See attached Schedule(s)
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15G. TOTAL AMOUNT OF CONTRACT $ 186,660.00
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16. TABLE OF CONTENTS
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(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)
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PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
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X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 13
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X B SUPPLIES OR SERVICES AND PRICES/COSTS 3 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
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X C DESCRIPTION/SPECS./WORK STATEMENT 4 X J LIST OF ATTACHMENTS 24
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X D PACKAGING AND MARKING 5 PART IV - REPRESENTATION AND INSTRUCTIONS
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X E INSPECTION AND ACCEPTANCE 6 X K REPRESENTATION, CERTIFICATIONS AND
---------------------------------------------------------- OTHER STATEMENTS OF ERRORS 27
X F DELIVERIES OR PERFORMANCE 7
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X G CONTRACT ADMINISTRATION DATA 9 X L INSTRS., CONDS., AND NOTICES TO
OFFERORS 43
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H SPECIAL CONTRACT REQUIREMENTS 10 M EVALUATION FACTORS FOR AWARD
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CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE
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17. /X/ CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is 18. / / AWARD (Contractor is not required to
required to sign this document and return 2 copies to sign this document.) Your offer on Solicitation
issuing office.) Contractor agrees to furnish and deliver Number ___________________________, including the
all items or perform all the services set forth or otherwise additions or changes made by you which additions
identified above and on any continuation sheets for the or changes are set forth in full above, is
consideration stated herein. The rights and obligations hereby accepted as to the items listed above and
of the parties to this contract shall be subject to and on any continuation sheets. This award
governed by the following documents: (a) this award/contract, consummates the contract which consists of the
(b) the solicitation, if any, and (c) such provisions, following documents: (a) the Government's
representations, certifications, and specifications, as solicitation and your offer, and (b) this
are attached or incorporated by reference herein. award/contract. No further contractual
(Attachments are listed herein.) document is necessary.
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19A. NAME AND TITLE OF SIGNER (Type or print) 20A. NAME OF CONTRACTING OFFICER
Xxxx X. Xxxxxx Xxxxxx X. Cuda K48 (000) 000-0000
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19B. NAME OF CONTRACTOR 19C. DATE SIGNED 20B. XXXXXX XXXXXX XX XXXXXXX 00X. DATE SIGNED
/s/ Xxxx X. Xxxxxx 15 Aug '97 BY /s/ Xxxxxx X. Cuda 8/15/97
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(Signature of person authorized to sign) (Signature of Contracting Officer)
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Contract No. DAAE30-97-C-1081
NOTE: Contractor, should cause the following certificate to be executed
under its corporate seal, provided that the same officer shall not execute both
the certificate and the instrument (contract/modification).
CERTIFICATE
I, /s/ [ILLEGIBLE] certify that I am the Secretary of the corporation named as
contractor herein; that Xxxx Xxxxxx who signed this instrument on behalf of the
Contractor, was then CEO of said corporation, that said instrument was duly
signed for and in behalf of said corporation by authority of its government
body, and is within the scope of its corporate powers.
/s/ [ILLEGIBLE] (CORPORATE SEAL)
-------------------------
Signature
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 1 of
A.1 CONTRACTOR PERFORMANCE CERTIFICATION PROGRAM (CP)2
The U. S. Army Tank-automotive and Armaments Command-Armament, Research
Development and Engineering Center (TACOM-ARDEC) actively participates in the
Contractor Performance Certification Program (CP)2.
(CP)2 is a U. S. Army Materiel Command (AMC) initiative recognizing suppliers
who demonstrate dynamic efforts toward improved quality and productivity in
their design and development and production processes.
(CP)2 is a customer (2nd-party) assessment using all the elements of the
ANSI/ASQC Q9000 quality system model, supplemented by additional criteria in
such areas as; management commitment, customer satisfaction, continuous
improvement, warranty performance, business planning, safety and environmental
compliance.
Any supplier who has, or anticipates having, contracts with any AMC buying
activity may volunteer to participate in the (CP)2 partnership. For additional
information, visit the TACOM-ARDEC (CP)2 web site at:
xxxx://xx.xxxx.xxxx.xxx/xx0/ or contact the TACOM-ARDEC (CP)2 coordinator at
(000) 000-0000.
A.2 NOTICE TO OFFERORS - USE OF MILITARY SPECIFICATIONS AND STANDARDS
This solicitation has been prepared consistent with DOD policy regarding the use
of military specifications and standards, the Blueprint for Change: Toward a
National Production Base and the Army's implementation of this policy by
promoting the use of commercial, in lieu of military unique, specifications and
standards.
To comply with this policy, the Government has eliminated from this solicitation
the requirement to use military specifications and standards in those cases
where it has been determined that a suitable commercial and/or performance
specification/standard is reasonably available. However, this solicitation does
require the use of some military specifications/standards in those cases where a
suitable replacement was not found to be available.
If offerors are award of any commercial substitutes for the cited military
specifications and standards, request you provide such information to the
Contracting Officer for consideration. To preclude any delay to this
procurement, request offerors provide any information as soon as possible and
prior to submission of
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 2 of
offers. It should be understood that there is no obligation on any offeror to
comply with this request and that no compensation can be provided for doing so.
SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
DAAE30-97-C-1081
SERVICES FOR PHYTOREMEDIATION OF URANIUM
CONTAMINATED SOILS (PHASE II) IN ACCORDANCE WITH
CONTRACTOR'S STATEMENT OF WORK.
UNIT PRICE AMOUNT
--------- ------
0001 FY98 0 0
0001AA Progress Report 60,000.00 60,000.00
0001AB Progress Report 60,000.00 60,000.00
0001AC Progress Report 60,000.00 60,000.00
0001AD Progress Report 100,000.00 100,000.000
TOTAL FY98 - $280,000.00
0002 FY99 0 0
0002AA Progress Report 60,000.00 60,000.00
0002AB Progress Report 60,000.00 60,000.00
0002AC Progress Report 60,000.00 60,000.00
0002AD Progress Report 100,000.00 100,000.00
TOTAL FY99 - $280,000.00
0003 Data As Required By DD1423,
Contract Data Requirements List,
Exhibit A, Not Separately Priced
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 3 of
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 INCREMENTAL FUNDING
a. This contract shall be incrementally funded. Subject to the availability
of funds, the Government contemplates that funds for this contract shall be
allotted to the Contractor for the planned Fiscal Years (FY) in the amounts set
forth in Column II of the Funding Plan set forth below. It is further
contemplated that each total planned FY allotment may be allotted incrementally
within each FY.
I II III
DATE OF APPLICATION OF
FISCAL TOTAL PLANNED INITIAL INCREMENT OF
YEAR FY ALLOTMENT FY ALLOTMENT
1997 $186,660.00 Contract Award
1998 $ 93,340.00 FY98
1999 $280,000.00 FY99
b. Notwithstanding the incremental funding of this contract, the Contractor is
required to comply with the notification requirements of the Limitation of Funds
Clause or Limitation of Governments Obligation Clause, whichever is included in
this contract.
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 4 of
SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
STATEMENT OF WORK
The contractor's proposal entitled "Phytoremediation of Uranium Contaminated
Soils" dated April 11, 1997, is the scope of work for this contract. Because of
proprietary information contained within this proposal, it is attached by
reference only.
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 5 of
SECTION D - PACKAGING AND MARKING
PRESERVATION, PACKAGING, PACKING AND MARKING (WRITTEN IN PLAIN ENGLISH)
You shall prepare all items for shipment as detailed in ASTM D3951.
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 6 of
SECTION E - INSPECTION AND ACCEPTANCE
E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (JUN 1988)
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.
52.246-7 INSPECTION OF RESEARCH AND AUG 1996
DEVELOPMENT - FIXED-PRICE
E.2 ACCEPTANCE
[ ] Acceptance will be at the Contractor's plant.
[ X] Acceptance will be at destination.
E.3 GOVERNMENT PROCUREMENT QUALITY ASSURANCE ACTIONS
Government Procurement Quality Assurance (PQA) actions will be accomplished by
the Governments authorized Quality Assurance Representative (QAR) at:
[ ] Contractors Plant
[ X] Destination
[ ] Other: The Contractor's plant except for tests conducted at a Government
Facility or Proving Ground
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 7 of
SECTION F - DELIVERIES OR PERFORMANCE
F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (JUN 1988)
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.
52.247-34 F.O.B. DESTINATION NOV 1991
F.2 52.242-15 STOP-WORK ORDER. (AUG 1989)
(a) The Contracting Officer may, at any time, by written order to the
Contractor, require the Contractor to stop all, or any part, of the work called
for by this contract for a period of 90 days after the order is delivered to the
Contractor, and for any further period to which the parties may agree. The
order shall be specifically identified as a stop-work order issued under this
clause. Upon receipt of the order, the Contractor shall immediately comply with
its terms and take all reasonable steps to minimize the incurrence of costs
allocable to the work covered by the order during the period of work stoppage.
Within a period of 90 days after a stop-work order is delivered to the
Contractor, or within any extension of that period to which the parties shall
have agreed, the Contracting Officer shall either:
(1) Cancel the stop-work order; or
(2) Terminate the work covered by the order as provided in the
Default, or the Termination for Convenience of the Government, clause of this
contract.
(b) If a stop-work order issued under this clause is canceled or the period of
the order or any extension thereof expires, the Contractor shall resume work.
The Contracting Officer shall make an equitable adjustment in the delivery
schedule or contract price, or both, and the contract shall be modified, in
writing, accordingly, if:
(1) The stop-work order results in an increase in the time required for, or in
the Contractor's cost properly allocable to, the performance of any part of this
contract; and
(2) The Contractor asserts its right to the adjustment within 30 days after the
end of the period of work stoppage; provided, that, if the Contracting Officer
decides the facts justify the
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 8 of
action, the Contracting Officer may receive and act upon a proposal submitted at
any time before final payment under this contract.
(c) If a stop-work order is not canceled and the work covered by the order is
terminated for the convenience of the Government, the Contracting Officer shall
allow reasonable costs resulting from the stop-work order in arriving at the
termination settlement.
(d) If a stop-work order is not canceled and the work covered by the order is
terminated for default, the Contracting Officer shall allow, by equitable
adjustment or otherwise, reasonable costs resulting from the stop-work order.
F.3 HOLIDAY BASE CLOSURE (WRITTEN IN PLAIN ENGLISH)
Picatinny Arsenal will close the day after Thanksgiving and the period between
Christmas and New Year's Day, (observed). Therefore, contractors must plan and
price their work and deliveries to ARDEC.
F.4 CONTRACT PERFORMANCE PERIOD
0001AA Progress Report 15 November 1997
0001AB Progress Report 15 February 1998
0001AC Progress Report 15 May 1998
0001AD Progress Report 15 August 1998
0002AA Progress Report 15 November 1998
0002AB Progress Report 15 February 1999
0002AC Progress Report 15 May 1999
0002AD Progress Report 15 August 1999
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 9 of
SECTION G - CONTRACT ADMINISTRATION DATA
G.1 CONTRACT ADMINISTRATION DATA
COMMANDER
US ARMY TACOM-ARDEC
ATTN: AMSTA-AR-PC-G/XXXXX XXXXXXX/BLDG. 9
PICATINNY XXXXXXX, XX 00000-0000
TELEPHONE (000) 000-0000
FAX (000) 000-0000
G.2 CONTRACTORS INVOICE
Payment shall be made to the remit-to address shown on the
invoice as authorized by the contractor.
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 10 of
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.1 252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE. (DEC 1991)
(a) "Definition. Contracting officer's representative" means an individual
designated in accordance with subsection 201.602-2 of the Defense Federal
Acquisition Regulation Supplement and authorized in writing by the contracting
officer to perform specific technical or administrative functions.
(b) If the Contracting Officer designates a contracting officer's
representative (COR), the Contractor will receive a copy of the written
designation. It will specify the extent of the COR's authority to act on behalf
of the contracting officer. The COR is not authorized to make any commitments
or changes that will affect price, quality, quantity, delivery, or any other
term or condition of the contract.
H.2 RELEASE OF INFORMATION (WRITTEN IN PLAIN ENGLISH)
1. Unclassified Contracts - Obtain the Contracting Officer's approval before
releasing information received during this contract or generated for this
contract.
2. Classified Contracts - The DOD Security Agreement (DD Form 441) and DOD
Contract Security Classification Specification (DD Form 254) apply.
NOTE: Section J provides instructions for clearing technical material for
release to the public and a sample clearance form (SMCAR Form 3002).
H.3 GOVERNMENT CONTRACTOR RELATIONSHIPS (WRITTEN IN PLAIN ENGLISH)
The Government and the Contractor agree that:
a. The Contractor will not perform or be paid for any personal services.
b. The Contractor or its employees will notify the Contracting Officer of
any suspected personal services prior to performance.
c. No employer-employee relationships will exist between the Government
and the Contractor or its employees.
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 18 of
(4) 52.247-64, Preference for Privately Owned U.S.-Flagged Commercial Vessels
(46 U.S.C. 1241) (flow down not required for subcontracts awarded beginning May
1, 1996).
(d) The Contractor shall include the terms of this clause, including this
paragraph (d), in subcontracts awarded under this contract.
I.4 252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION. (AUG 1993)
(a) Contract line item 0001 is incrementally funded. For this item, the sum of
$186,660.00 of the total price is presently available for payment and allotted
to this contract. An allotment schedule is set forth in paragraph (i) of this
clause.
(b) For item(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 will not be obligated 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 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 cost, profit, and
estimated termination settlement costs for those items(s).
(c) Notwithstanding the dates specified in the allotment schedule in paragraph
(i) 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 (i) 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
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 19 of
specified in the allotment schedule in paragraph (i) 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 be allotted, pursuant to the clause of this
contract entitled "Termination for 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 the 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 is 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 terminate
this contract pursuant to the clause of this contract entitled "Termination for
Convenience of the Government."
(i) The parties contemplate that the Government will allot funds to the
contract in accordance with the following schedule:
On execution of contract.................. $186,660.00
FY98...................................... $ 93,340.00
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 20 of
FY99 ................... $280,000.00
I.5 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA. (NOV 1995)
(a) Definitions. As used in this clause --
(1) "Components" means articles, materials, and supplies incorporated directly
into end products at any level of manufacture, fabrication, or assembly by the
Contractor or any subcontractor.
(2) "Department of Defense" (DoD) means the Army, Navy, Air Force, Marine
Corps, and defense agencies.
(3) "Foreign flag vessel" means any vessel that is not a U.S.-flag vessel.
(4) "Ocean transportation" means any transportation aboard a ship, vessel,
boat, barge, or ferry through international waters.
(5) "Subcontractor" means a supplier, materialman, distributor, or vendor at
any level below the prime contractor whose contractual obligation to perform
results from, or is conditioned upon, award of the prime contract and who is
performing any part of the work or other requirement of the prime contract.
However, effective May 1, 1996, the term does not include a supplier,
materialman, distributor, or vendor of commercial items or commercial
components.
(6) "Supplies" means all property, except land and interests in land, that is
clearly identifiable for eventual use by or owned by the DoD at the time of
transportation by sea.
(i) An item is clearly identifiable for eventual use by the DoD if, for
example, the contract documentation contains a reference to a DoD contract
number or a military destination.
(ii) "Supplies" includes (but is not limited to) public works; buildings and
facilities; ships; floating equipment and vessels of every character, type, and
description, with parts subassemblies, accessories, and equipment; machine
tools; material; equipment; stores of all kinds; end items; construction
materials; and components of the foregoing.
(7) "U.S.-flag vessel" means a vessel of the United States or belonging to the
United States, including any vessel registered or having national status under
the laws of the United States.
(b) The Contractor shall employ U.S.-flag vessels in the
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 21 of
transportation by sea of any supplies to be furnished in the performance of this
contract. The Contractor and its subcontractors may request that the
Contracting Officer authorize shipment in foreign-flag vessels, or designate
available U.S.-flag vessels, if the Contractor or a subcontractor believes that
--
(1) U.S.-flag vessels are not available for timely shipment;
(2) The freight charges are inordinately excessive or unreasonable; or
(3) Freight charges are higher than charges to private persons for
transportation of like goods.
(c) The Contractor must submit any request for use of other than U.S.-flag
vessels in writing to the Contracting Officer at least 45 days prior to the
sailing date necessary to meet its delivery schedules. The Contracting Officer
will process requests submitted after such date(s) as expeditiously as possible,
but the Contracting Officer's failure to grant approvals to meet the shipper's
sailing date will not of itself constitute a compensable delay under this or any
other clause of this contract. Requests shall contain at minimum --
(1) Type, weight, and cube of cargo;
(2) Required shipping date;
(3) Special handling and discharge requirements;
(4) Loading and discharge points;
(5) Name of shipper and consignee;
(6) Prime contract number; and
(7) A documented description of efforts made to secure U.S.-flag vessels,
including points of contact (with names and telephone numbers) with at least two
U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and
facsimile message or letters will be sufficient for this purpose.
(d) The Contractor shall, within 30 days after each shipment covered by this
clause, provide the Contracting Officer and the Division of National Cargo,
Office of Market Development, Maritime Administration, U.S. Department of
Transportation Xxxxxxxxxx, XX 00000, one copy of the rated on board vessel
operating carrier's ocean xxxx of lading, which shall contain the following
information --
(1) Prime contract number;
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 22 of
(2) Name of vessel;
(3) Vessel flag of registry;
(4) Date of loading;
(5) Port of loading;
(6) Port of final discharge;
(7) Description of commodity;
(8) Gross weight in pounds and cubic feet if available;
(9) Total ocean freight in U.S. dollars; and
(10) Name of the steamship company.
(e) The Contractor agrees to provide with its final invoice under this contract
a representation that to the best of its knowledge and belief --
(1) No ocean transportation was used in the performance of this contract;
(2) Ocean transportation was used and only U.S.-flag vessels were used for all
ocean shipments under the contract;
(3) Ocean transportation was used, and the Contractor had the written consent
of the Contracting Officer for all non-U.S.-flag ocean transportation; or
(4) Ocean transportation was used and some or all of the shipments were made on
non-U.S.-flag vessels without the written consent of the Contracting Officer.
The Contractor shall describe these shipments in the following format:
ITEM CONTRACT QUANTITY
DESCRIPTION LINE ITEMS
----------------------------------------------------------------------
----------------------------------------------------------------------
----------------------------------------------------------------------
----------------------------------------------------------------------
TOTAL
----------------------------------------------------------------------
(f) If the final invoice does not include the required representation, the
Government will reject and return it to the Contractor as an improper invoice
for the purposes of the Prompt Payment clause of this contract. In the event
there has been unauthorized use of non-U.S. flag vessels in the performance of
this contract, the Contracting Officer is entitled to equitably
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 23 of
adjust the contract, based on the unauthorized use.
(g) The Contractor shall include this clause, including this paragraph (g) in
all subcontracts under this contract, which exceed the small purchase limitation
of section 13.000 of the Federal Acquisition Regulation.
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 24 of
SECTION J - LIST OF ATTACHMENTS
J.1 LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
TITLE DATE NO. OF PAGES
SF33 Award/Contract (Rev 85) 47
Sections A thru L
Exhibit A Contract Data Requirements 13AUG97 3
List, DD1423
AMSTA Clearance Technical 1JUL96 2
Form 3002 Information for
Public Release
SF Form Disclosure of Lobbying Undated 3
LLL Activities
J.2 GUIDANCE ON DOCUMENTATION OF DATA REQUIREMENTS
The following information is furnished to provide guidance with respect to the
abbreviations and codes utilized in various blocks of DD Form 1423, Contract
Data Requirements List.
1. Block 7, DD Form 250 Requirement. This block designates the location
(Contractor's facility or destination) for performance of Government inspection
and acceptance. The applicable codes for inspection and acceptance are cited
below. The Government activity to perform the destination acceptance task is
entered in Block 14 as the first addressee.
Code Inspection Acceptance
SS *Source (DD Form 250) *Source (DD Form 250)
DD Destination (DD Form 250) Destination (DD Form 250)
SD *Source (DD Form 250) Destination (DD Form 250)
DS Destination (DD Form 250) *Source (DD Form 250)
LT** Letter of Transmittal only
NO No inspection or acceptance required
XX Inspection/Acceptance requirements
specified elsewhere in contract
*Source indicates Contractor's facility.
**Use of these symbols is not authorized for engineering data such as drawings
and specifications.
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 25 of
2. Block 8, Approval Code. Item of critical data requiring specific advanced
written approval, such as test plans, are identified by an "A" in this field.
Most of these data require submission of a preliminary draft prior to
publication of a final document. When advanced approval is not required, this
field is a blank.
3. Block 10, Frequency. The codes used in this block are cited below:
DAILY Daily SEMIA Each 6 months
WEEKLY Weekly 2TIME 2 separate submittals
BI-WE Each 2 weeks OTIME One time MTHLY
Monthly ONE/R One time & revision
ASREQ As required (see Notes A/B) R/ASR Revision as required
BI-MO Each 2 months DFDEL Deferred delivery
QRTLY Quarterly ONE/P One time preliminary
ANNLY Annually draft
CHG P AS REQ Change pages as required
NOTE A: Block 13 is used for further explanation.
NOTE B: When data is of recurring type, it will be submitted at end of reporting
period established in field unless otherwise indicated in Data Preparation
Instruction or in Blocks 12 or 13 of DD Form 1423.
4. Block 11, As of Date (AOD). When data is submitted only once, this block
indicates the number of days the data is to be submitted prior to the end of the
reporting period; e.g., "15" would place the AOD for this report at 15 days
before the end of each month, quarter, or year depending on the frequency
established in Block 10; "0" places the AOD at the end of the month, quarter, or
year. Further guidance is shown in Block 13 or 16, as required.
5. Block 12, Date of First Submission. This block indicates the initial data
submission date (Year/Month/Day). When data has already been submitted and will
be resubmitted, the date of the next submission is entered. When the contract
start date has not been established, this block indicates the number of days
after the contract start date that the data is due; e.g., 30 DAC. Further
information, if required, is contained in Block 13. Classified dates are cited
in this form. "DFDEL" indicates deferred delivery.
6. Block 13, Date of Subsequent Submission/Event Identification. When data is
submitted more than once, the date(s) of subsequent submission(s) is indicated
in this block. When submission of data is based on the initiation of a specific
event or milestone, this information is cited in this block (when such
information classifies the form, this block is left blank). Example: "NLT
--------------------------------------------------------------------------------------------------------------
CONTRACT DATA REQUIREMENTS LIST FORM APPROVED
(2 DATA ITEMS) OMB NO. 0704-0188
--------------------------------------------------------------------------------------------------------------
Public reporting burden for the collection of information is estimated to average 220 hours per
response, including the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding this burden estimate or any other aspect of this collection
of information, including suggestions for reducing this burden, to Department of Defense,
Washington Headquarters Services, Directorate for Information Operations and Reports, 0000
Xxxxxxxxx Xxxxx Xxxxxxx, Xxxxx 0000, Xxxxxxxxx, XX 00000-0000, and to the Office of Management
and Budget, Paperwork Reduction Project (0704-0188), Xxxxxxxxxx, XX 00000. Please DO NOT RETURN
your form to either of these addresses. Send completed form to the Government Issuing
Contracting Officer for the Contract/PR No. listed in Block E.
--------------------------------------------------------------------------------------------------------------
A. CONTRACT LINE ITEM NO. B. EXHIBIT C. CATEGORY:
A TOP T[ILLEGIBLE] OTHER General Data
------ -------- ------------------
--------------------------------------------------------------------------------------------------------------
D. SYSTEM/ITEM E. CONTRACT/PR NO. F. CONTRACTOR
Phytoremediation of U. Cont. Soil
--------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------
1. DATA ITEM NO. 2. TITLE OF DATA ITEM 3. SUBTITLE 17. PRICE GROUP
A001 Contractor's Progress, Status and Management Report
-------------------------------------------------------------------------------------------------------------- 18. ESTIMATED
4. AUTHORITY (DATA ACQUISITION DOCUMENT NO.) 5. CONTRACT REFERENCE 6. REQUIRING OFFICE TOTAL PRICE
DI-MGMT-80227 *Tailored Sec C AMSTA-AR-WEA
--------------------------------------------------------------------------------------------------------------
7. DO 250 REQ 9. DIST STATEMENT 10. FREQUENCY 12. DATE OF FIRST SUBMISSION 14. DISTRIBUTION
LT REQUIRED Quarterly 90 DAC ------------------------------
------------- --------------------------------------------- b. COPIES
8. APP CODE A 11. AS OF DATE 13. DATE OF SUBSEQUENT ----------------
SUBMISSION a. ADDRESSEE
Draft Final
----------
Reg Repro
--------------------------------------------------------------------------------------------------------------
16. REMARKS AMSTA-AR-WEA 0 1 0
------------------------------
* Do not address f-g-h-i-j-k-l-m-n-o AMSTA-AR-ET 0 1
------------------------------
------------------------------
------------------------------
------------------------------
------------------------------
------------------------------
------------------------------
------------------------------
------------------------------
------------------------------
------------------------------
------------------------------
------------------------------
15. TOTAL 0 1 1
--------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------
1. DATA ITEM NO. 2. TITLE OF DATA ITEM 3. SUBTITLE 17. PRICE GROUP
A002 Contract Summary Report
-------------------------------------------------------------------------------------------------------------- 18. ESTIMATED
4. AUTHORITY (DATA ACQUISITION DOCUMENT NO.) 5. CONTRACT REFERENCE 6. REQUIRING OFFICE TOTAL PRICE
DI-MGMT-80447 Sec C AMSTA-AR-WEA
--------------------------------------------------------------------------------------------------------------
7. DO 250 REQ 9. DIST STATEMENT 10. FREQUENCY 12. DATE OF FIRST SUBMISSION 14. DISTRIBUTION
LT REQUIRED OTIME End of Task ------------------------------
------------- --------------------------------------------- b. COPIES
8. APP CODE A 11. AS OF DATE 13. DATE OF SUBSEQUENT ----------------
SUBMISSION a. ADDRESSEE
Draft Final
----------
Reg Repro
--------------------------------------------------------------------------------------------------------------
16. REMARKS AMSTA-AR-WEA 0 1 0
------------------------------
AMSTA-AR-ET 0 1
------------------------------
------------------------------
------------------------------
------------------------------
------------------------------
------------------------------
------------------------------
------------------------------
------------------------------
------------------------------
------------------------------
------------------------------
------------------------------
15. TOTAL 0 1 1
--------------------------------------------------------------------------------------------------------------
G. PREPARED BY H. DATE I. APPROVED BY J. DATE
/s/ [ILLEGIBLE] 8/13/97 /s/ [ILLEGIBLE] 8/13/97
--------------------------------------------------------------------------------------------------------------
Page 1 of 1 Pages
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 26 of
15 days before start of production"; "45 days before first article"; etc.
7. Block 14, Distribution and Addresses. Addresses and number of copies
(regular/reproducible) to be forwarded to each addressee that is cited in this
block; e.g., DTIC-20/0. Addressees are indicated by office symbol (i.e.,
SMCAR-XYZ), Contractor initials, DOD Handbook H-4 codes, and Command initials. A
list explaining these symbols, etc., is attached to the form. When reproducible
copies are required (second number), the type of copies required will be cited
in this block or Block 16.
NOTE: Unless otherwise cited in Block 10, entries in Blocks 3 through 9 on DD
Form 1664, Data Item Descriptions, are for informational purposes only and are
not contractually binding.
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 27 of
SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR
QUOTERS
K.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (JUN 1988)
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.
K.2 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION. (APR 1985)
(a) The offeror certifies that -
(1) The prices in this offer have been arrived at independently, without, for
the purpose of restricting competition, any consultation, communication, or
agreement with any other offeror or competitor relating to (i) those prices,
(ii) the intention to submit an offer, or (iii) the methods or factors used to
calculate the prices offered;
(2) The prices in this offer have not been and will not be knowingly disclosed
by the offeror, directly or indirectly, to any other offeror or competitor
before bid opening (in the case of a sealed bid solicitation) or contract award
(in the case of a negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce any other
concern to submit or not to submit an offer for the purpose of restricting
competition.
(b) Each signature on the offer is considered to be a certification by the
signatory that the signatory -
(1) Is the person in the offeror's organization responsible for determining the
prices being offered in this bid or proposal, and that the signatory has not
participated and will not participate in any action contrary to subparagraphs
(a)(1) through (a)(3) above; or
(2) (i) Has been authorized, in writing, to act as agent for the following
principals in certifying that those principals have not participated, and will
not participate in any action contrary to subparagraphs (a)(1) through (a)(3)
above
-----------------------------------------------------------------
(insert full name of person(s) in the offeror's organization
DAAE30-97-C-1081
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether
subawardee or prime Federal recipient, at the initiation or receipt of a
covered Federal action, or a material change to a previous filing, pursuant
to title 31 U.S.C. section 1352. The filing of a form is required for each
payment or agreement to make payment to any lobbying entity for influencing
or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, an employee of a Member of
Congress in connection with a covered Federal action. Use the SF-LLL-A
Continuation Sheet for additional information if the space on the form is
inadequate. Complete all items that apply for both the initial filing and
material change report. Refer to the implementing guidance published by the
Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying
activity is and/or has been secured to influence the outcome of a
covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a
followup report caused by a material change to the information
previously reported, enter the year and quarter in which the change
occurred. Enter the date of the last previously submitted report by
this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the
reporting entity. Include Congressional District, if known. Check
the appropriate classification of the reporting entity that designates
if it is, or expects to be, a prime or subaward recipient. Identify
the tier of the subawardee e.g., the first subawardee of the prime is
the 1st tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee",
then enter the full name, address, city, state and zip code of the
prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan
commitment. Include at least one organizational level below agency
name, if known. For example, Department of Transportation, United
States Coast Guard.
7. Enter the Federal program name or description for the covered Federal
action (item 1). If known, enter the full Catalog of Federal Domestic
Assistance (CFDA) number for grants, cooperative agreements, loans,
and loan commitments.
8. Enter the most appropriate Federal identifying number available for
the Federal action identified in item 1 (e.g., Request for
Proposal (RFP) number, Invitation for Bid (IFB) number, grant
announcement number; the contract, grant, or loan award number; the
application/proposal control number assigned by the Federal agency).
Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan
commitment by the Federal agency, enter the Federal amount of the
award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the
lobbying entity engaged by the reporting entity identified in item 4
to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services,
and include full address if different from 10(a). Enter Last Name,
First Name, and Middle Initial (MI).
11. Enter the amount of compensation paid or reasonably expected to be
paid by the reporting entity (item 4) to the lobbying entity
(item 10). Indicate whether the payment has been made (actual) or
will be made (planned). Check all boxes that apply. If this is a
material change report, enter the cumulative amount of payment made
or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If
payment is made through an in-kind contribution, specify the nature
and value of the in-kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other,
specify nature.
14. Provide a specific and detailed description of the services that the
lobbyist has performed, or will be expected to perform, and the
date(s) of any services rendered. Include all preparatory and related
activity, not just time spent in actual contact with Federal
officials. Identify the Federal official(s) or employee(s) contacted
or the officer(s), employee(s), or Member(s) of Congress that were
contacted.
15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her
name, title, and telephone number.
--------------------------------------------------------------------------------
Public reporting burden for this collection of information is estimated to
average 30 minutes per response, including time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding
the burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to the Office of Management and
Budget, Paperwork Reduction Project (0348-0046), Xxxxxxxxxx, X.X. 00000
--------------------------------------------------------------------------------
DAAE30-97-C-1081 EXHIBIT A
--------------------------------------------------------------------------------
FORM APPROVED
DATA ITEM DESCRIPTION OMB No. 0704-0188
--------------------------------------------------------------------------------
2. TITLE 1. IDENTIFICATION NUMBER
CONTRACT SUMMARY REPORT DI-ADMN-80447
--------------------------------------------------------------------------------
3. DESCRIPTION/PURPOSE
This report summarizes all work performed under the contract.
--------------------------------------------------------------------------------
4. APPROVAL DATE 5. OFFICE OF PRIMARY 6a. DTIC REQUIRED 6b. GIDEP REQUIRED
(YYMMDD) RESPONSIBILITY (OPR)
870928 G/T2 13
--------------------------------------------------------------------------------
7. APPLICATION/INTERRELATIONSHIP
7.1 This Data Item Description contains the format and content preparation
instructions for the data product generated by the specific and discrete
task requirement as delineated in the contract.
7.2. This DID supersedes DI-A-5030B.
--------------------------------------------------------------------------------
8. APPROVAL LIMITATION 9a. APPLICABLE FORMS 9b. AMSC NUMBER
G4223
--------------------------------------------------------------------------------
1O. PREPARATION INSTRUCTIONS
10.1. FORMAT. The report shall be prepared in contractor's format.
10.1.1. It shall be typewritten and is to be duplicated in non-fading
ink.
10.1.2. The data indicated below shall be contained on the title page:
10.1.2.1. Type of Report, Final.
10.1.2.2. Purchase Description Title.
10.1.2.3. Contract Number.
10.1.2.4. Dates of the Reporting Period.
10.1.3. Security classification and distribution limitation markings
shall be included on all pages.
10.2. CONTENT.
10.2.1. Table of Contents.
(Continued on Page 2)
--------------------------------------------------------------------------------
11. DISTRIBUTION STATEMENT
DISTRIBUTION STATEMENT A: Approved for public release; distribution is
unlimited.
--------------------------------------------------------------------------------
PAGE 1 of 2 PAGES
DAAE30-97-C-1081 EXHIBIT A
DI-ADMN- 80447
10. Preparation Instructions (cont'd)
10.2.2. Brief summary of all work accomplished, to include both negative and
positive results. All information shall be referenced to the appropriate
Progress Report, or section of the Final Report, where the subject is discussed
in detail.
10.2.3. The body of the report shall describe all work accomplished, including
as applicable, theoretical studies, experimental work, mechanical design, theory
of operation, test procedures, test results, and those drawings, charts, graphs,
illustrations, or other material needed to clarify the presentation.
10.2.4. When test equipment has been designed and constructed for use on this
contract, a listing of all such equipment is to be included. This listing shall
include all related drawings and associated lists. It shall be referenced in
the report and included as an appendix.
10.2.5. Conclusions, recommendations, and proposals.
10.2.6. Appendixes for any necessary tables, references, photographs, charts,
and illustrations.
Page 2 of 2
DAAE30-97-C-1081 EXHIBIT A
--------------------------------------------------------------------------------
FORM APPROVED
DATA ITEM DESCRIPTION OMB No. 0704-0188
EXP. DATE: JUN 30, 1986
--------------------------------------------------------------------------------
1. TITLE 2. IDENTIFICATION NUMBER
Contractor's Progress, Status and
Management Report DI-MGMT-80227
--------------------------------------------------------------------------------
3. DESCRIPTION/PURPOSE
3.1 The Contractor's Progress, Status and Management Report indicates the
progress of work and the status of the program and of the assigned
tasks, reports costs, and informs of existing or potential problem
areas.
--------------------------------------------------------------------------------
4. APPROVAL DATE 5. OFFICE OF PRIMARY 6a. DTIC REQUIRED 6b. GIDEP REQUIRED
(YYMMDD) RESPONSIBILITY (OPR)
860905 N/SPAWAR
--------------------------------------------------------------------------------
7. APPLICATION/INTERRELATIONSHIP
7.1 This Data Item Description (DID) contains the format and content
preparation instructions for the data product generated by the
specific and discrete task requirement for this data included in the
contract.
7.2 This DID may be applied in any contract and during any program phase.
7.3 This DID supersedes DI-A-2090A, DI-A-3025A, UDI-A-2205OB.
UDI-A-22052A, UDI-A-23960, DI-A-30024, and DI-A-30606. (cont. on page
2)
--------------------------------------------------------------------------------
8. APPROVAL LIMITATION 9a. APPLICABLE FORMS 9b. AMSC NUMBER
N3947
--------------------------------------------------------------------------------
10. PREPARATION INSTRUCTIONS
10.1 CONTRACT - This data item is generated by the contract which contains a
specific and discrete work task to develop this data product.
10.2 FORMAT - This report shall be typewritten on standard size (e.g. 8 1/2" by
11") white paper, and securely stapled. Pages shall be sequentially
numbered. All attachments shall be identified and referenced in the text
of the report. The report shall be prepared in the contractor's format and
shall be legible and suitable for reproduction.
10.3 CONTENT - The report shall include:
a. A front cover sheet which includes the contractor's name and address,
the contract number, the nomenclature of the system or program, the
date of the report, the period covered by the report, the title of the
report, either the serial number of the report or the Contract Data
Requirements List (CDRL) sequence number, the security classification,
and the name of the issuing Government activity;
b. Description of the progress made against milestones during the
reporting period;
c. Results, positive or negative, obtained related to
previously-identified problem areas, with conclusions and
recommendations;
d. Any significant changes to the contractor's organization or method of
operation, to the project management network, or to the milestone
chart;
e. Problem areas affecting technical or scheduling elements,
with background and any recommendations for solutions beyond the
scope of the contract;
f. Problem areas affecting cost elements, with background and any
recommendations for solutions beyond the scope of the contract;
g. Cost curves showing actual and projected conditions throughout the
contract;
h. Any cost incurred for the reporting period and total
contractual expenditures as of reporting date;
i. Person-hours expended for the reporting period and cumulatively for
the contract;
j. Any trips and significant results; (cont. on page 2)
--------------------------------------------------------------------------------
PAGE 1 OF 2 PAGES
DAAE30-97-C-1081 EXHIBIT A
DI-MGMT- 80227
7. APPLICATION/INTERRELATIONSHIP (Cont'd)
7.4 Paragraphs 10.3.f, 10.3.g, and 10.3.h herein should be tailored on DD
Form 1423 when such cost data is already submitted through a sophisticated
cost reporting system under the contract.
--------------------------------------------------------------------------------
10. PREPARATION INSTRUCTIONS (Cont'd)
k. Record of all significant telephone calls and any commitments made by
telephone;
l. Summary of Engineering Change Proposal (ECP) status, including
identification of proposed ECPs, approved ECPs, and implemented ECPs;
m. Contract schedule status;
n. Plans for activities during the following reporting period;
o. Name and telephone number of preparer of the report;
p. Appendixes for any necessary tables, references, photographs,
illustrations, and charts.
*U.S. GOVERNMENT PRINTING OFFICE: 0000-000-000/50176
Page 2 of 2 Pages
--------------------------------------------------------------------------------------------------------------------------
CLEARANCE OF TECHNICAL INFORMATION FOR PUBLIC RELEASE
--------------------------------------------------------------------------------------------------------------------------
TITLE: PAO Log #
--------------------------------------------------------------------------------------------------------------------------
PICATINNY
--------
AUTHOR/PRODUCER(S): ADDRESS (IF APPLICABLE):
OFFICE SYMBOL:
PHONE/BLDG #:
--------------------------------------------------------------------------------------------------------------------------
CONTRACTOR
----------
AUTHOR/PRODUCER(S): COMPANY ADDRESS:
CONTRACT NUMBER:
NAME OF PICATINNY SPONSOR:
SPONSOR OFFICE SYMBOL:
----------------------------------------------------
SPONSOR PHONE/BLDG #: COMPANY PHONE:
--------------------------------------------------------------------------------------------------------------------------
PURPOSE OF RELEASE: / / Presentation / / Publication / / Abstract / / News Release / / Other
--------------------------------------------------------------------------------------------------------------------------
MEETING TITLE (If presentation, speech or conference paper):
PLACE: DATE(S): DoD Sponsored: / / Yes / / No
--------------------------------------------------------------------------------------------------------------------------
PUBLICATION (Magazine, journal, newspaper, proceeding): Solicited / / Yes / / No
--------------------------------------------------------------------------------------------------------------------------
CERTIFICATION: I certify that this material has not been copied substantially
without written permission from the author/producer and DOES NOT contain
any sensitive, potentially controversial, FOUO or classified information.
Author's/Producer's Signature
--------------------------------------------------------------------------------------------------------------------------
REQUIRED APPROVALS: Signatures below certify that this material was reviewed for technical accuracy, classified
information, security implications, proprietary information, competition-sensitive information and policy guidelines;
that inventions have been previously submitted for patent review, and that the subject matter does not fall under the
Militarily Critical Technology List.
--------------------------------------------------------------------------------------------------------------------------
SIGNATURE (Division level) Approve / / Yes / / No Date:
Remarks: -------------------------------------
TYPED NAME: Recommend Distribution: / / A / / B / / C / / D / / E / / F
--------------------------------------------------------------------------------------------------------------------------
SIGNATURE (Center/Directorate/PM level) Approve / / Yes / / No Date:
Remarks: -------------------------------------
TYPED NAME: Recommend Distribution: / / A / / B / / C / / D / / E / / F
--------------------------------------------------------------------------------------------------------------------------
SIGNATURE (OPSEC) Approve / / Yes / / No Date:
Remarks: -------------------------------------
Recommend Distribution: / / A / / B / / C / / D / / E / / F
--------------------------------------------------------------------------------------------------------------------------
SIGNATURE (Patent/Legal) Approve / / Yes / / No Date:
Remarks: -------------------------------------
Recommend Distribution: / / A / / B / / C / / D / / E / / F
--------------------------------------------------------------------------------------------------------------------------
SIGNATURE (Contracting Officer, if appropriate) Approve / / Yes / / No Date:
Remarks: -------------------------------------
Recommend Distribution: / / A / / B / / C / / D / / E / / F
--------------------------------------------------------------------------------------------------------------------------
[LOGO] DISPOSITION: BASED ON RECOMMENDATIONS PROVIDED ABOVE, CLEARANCE IS GRANTED FOR
PUBLIC RELEASE BASED ON THE APPROVED DISTRIBUTION CIRCLED BELOW
U.S. ARMY
ARMAMENT MUNITIONS ------------------------------------------------ -------------
& CHEMICAL COMMAND Picatinny Arsenal Public Affairs Office Date
ARMAMENT RDE CENTER ------------------------------------------------------------------------------------------------------
------------------- A / / (Unlimited) D / / (DoD & DoD Contractors only)
APPROVED B / / (U.S. Gov't only) E / / (DoD Components only)
DISTRIBUTION: C / / (U.S. Gov't & Contractor only) F / / (Only as directed by __________ or higher authority)
--------------------------------------------------------------------------------------------------------------------------
DAAE30-97-C-1081
CLEARANCE OF TECHNICAL INFORMATION FOR PUBLIC RELEASE
INSTRUCTIONS
IF AUTHOR/PRODUCER IS PICATINNY-BASED:
Picatinny-based authors/producers are responsible for initiating the
clearance process and ensuring that their material is approved for public
release. This is accomplished by attaching one copy of the material
(manuscript, photos, videotapes and any other material that requires clearance)
to this form and obtaining the necessary signatures. When clearance is granted,
the Picatinny Public Affairs Office (the last office in the clearance process)
will forward one copy of this form along with the attached material to the ARDEC
Technical Library for archival purposes and provide another copy of this form to
the author/producer. It is the author/producer's responsibility to notify all
interested parties of the release approval and to make subsequent distribution.
IF AUTHOR/PRODUCER IS A CONTRACTOR:
A contractor initiates the clearance process by forwarding the material
to a Picatinny sponsor, who in turn begins the clearance process in the same
manner as a Picatinny-based request. When clearance is granted, the
Picatinny Public Affairs Office (the last office in the clearance process)
will forward one copy of this form along with the attached material to the
ARDEC Technical Library for archival purposes, and provide another copy of
the form to the Picatinny sponsor. It is the Picatinny sponsor's
responsibility to notify the contractor and any other interested parties of
the release approval and to coordinate subsequent distribution with the
contractor. Because contractor-submitted videotape material requires
clearance at the Defense Department level, recommend that these submissions
be made at least 90 days prior to the projected public release date. Only
Picatinny-related portions of multi-topic videotapes will be reviewed here.
RECOMMENDED DISTRIBUTION:
Each signator in the REQUIRED APPROVALS section recommends distribution
based on the categories listed at the bottom of the form. The approved
distribution is circled at the bottom of the form and will equal the most
stringent distribution category selected by the signators.
--------------------------------------------------------------------------------
COMMENTS
(Use this space, and additional pages as necessary, to make additional
remarks or written changes to the submitted material. If changes are made
directly on the material, a note to that effect in the REQUIRED APPROVALS
section under "Remarks" is all that's necessary.)
--------------------------------------------------------------------------------
FOR MORE INFORMATION ON THE CLEARANCE PROCESS OR THIS FORM, PLEASE CONTACT THE
PICATINNY ARSENAL PUBLIC AFFAIRS OFFICE; DSN 880-6365, (000) 000-0000.
Page 2 of 2
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 28 of
responsible for determining the prices offered in this bid or proposal, and the
title of his or her position in the offeror's organization);
(ii) As an authorized agent, does certify that the principals named in
subdivision (b)(2)(i) above have not participated, and will not participate, in
any action contrary to subparagraphs (a)(1) through (a)(3) above; and
(iii) As an agent, has not personally participated, and will not
participate, in any action contrary to subparagraphs (a)(1) through (a)(3)
above.
(c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror
must furnish with its offer a signed statement setting forth in detail the
circumstances of the disclosure.
K.3 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE
CERTAIN FEDERAL TRANSACTIONS. (APR 1991)
(a) The definitions and prohibitions contained in the clause, at FAR 52.203-12,
Limitation on Payments to Influence Certain Federal Transactions, included in
this solicitation, are hereby incorporated by reference in paragraph (b) of this
certification.
(b) The offeror, by signing its offer, hereby certifies to the best of his or
her knowledge and belief that on or after December 23, 1989:
(1) No Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress on his or her behalf in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant,
loan, or cooperative agreement;
(2) If any funds other than Federal appropriated funds (including profit or fee
received under a covered Federal transaction) have been paid, or will be paid,
to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress on his or her behalf in connection with this
solicitation, the offeror shall complete and submit, with its offer, OMB
standard form LLL, Disclosure of Lobbying Activities, to the Contracting
Officer; and
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 29 of
(3) He or she will include the language of this certification in all
subcontract awards at any tier and require that all recipients of subcontract
awards in excess of $100,000 shall certify and disclose accordingly.
(c) Submission of this certification and disclosure is a prerequisite for
making or entering into this contract imposed by section 1352, title 31, United
States Code. Any person who makes an expenditure prohibited under this
provision or who fails to file or amend the disclosure form to be filed or
amended by this provision, shall be subject to a civil penalty of not less than
$10,000, and not more than $100,000, for each such failure.
K.4 52.204-3 TAXPAYER IDENTIFICATION. (MAR 1994)
(a) Definitions.
"Common parent," as used in this solicitation provision, means that corporate
entity that owns or controls an affiliated group of corporations that files its
Federal income tax returns on a consolidated basis, and of which the offeror is
a member.
"Corporate status," as used in this solicitation provision, means a designation
as to whether the offeror is a corporate entity, an unincorporated entity (e.g.,
sole proprietorship or partnership), or a corporation providing medical and
health care services.
"Taxpayer Identification Number (TIN)," as used in this solicitation provision,
means the number required by the IRS to be used by the offeror in reporting
income tax and other returns.
(b) All offerors are required to submit the information required in paragraphs
(c) through (e) of this solicitation provision in order to comply with reporting
requirements of 26 U.S.C. 6041, 6041A, and 6050M and implementing regulations
issued by the Internal Revenue Service (IRS). If the resulting contract is
subject to reporting requirements described in FAR 4.903, the failure or refusal
by the offeror to furnish the information may result in a 31 percent reduction
of payments otherwise due under the contract.
(c) Taxpayer Identification Number (TIN).
TIN: 00-0000000.
----- ----------
TIN: has been applied for.
-----
TIN is not required because:
-----
Offeror is a nonresident alien, foreign corporation, or
-----
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046
(See reverse for public burden disclosure.)
---------------------------------------------------------------------------------------------------------------------------
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
/ / a. contract / / a. bid/offer/application / / a. initial filing
x. xxxxx b. initial award b. material change
c. cooperative agreement c. post-award c. post-award
d. loan
e. loan guarantee For Material Change Only:
f. loan insurance year__________ quarter __________
date of last report________________
---------------------------------------------------------------------------------------------------------------------------
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name
/ / Prime / / Subawardee and Address of Prime:
Tier ________, if known
Congressional District, IF KNOWN: Congressional District, IF KNOWN:
---------------------------------------------------------------------------------------------------------------------------
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, IF APPLICABLE: _______________________
---------------------------------------------------------------------------------------------------------------------------
8. Federal Action Number, IF KNOWN: 9. Award Amount, IF KNOWN:
________________
---------------------------------------------------------------------------------------------------------------------------
10.a. Name and Address of Lobbying Entity b. Individuals Performing Services (INCLUDING ADDRESS IF DIFFERENT
(IF INDIVIDUAL, last name, first name, MI): FROM NO. 10A) (last name, first name, MI):
(ATTACH CONTINUATION SHEET(S) SF-LLL-A, IF NECESSARY)
---------------------------------------------------------------------------------------------------------------------------
11. Amount of Payment (CHECK ALL THAT APPLY): 13. Type of Payment (CHECK ALL THAT APPLY):
______________________ / / actual / / planned / / a. retainer
------------------------------------------------------ / / b. one-time fee
12. Form of Payment (CHECK ALL THAT APPLY): / / c. commission
/ / a. cash / / d. contingent fee
/ / b. in-kind; specify: nature _______________ / / e. deferred
value ________________ / / f. other, specify: ___________________
---------------------------------------------------------------------------------------------------------------------------
14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s),
employee(s), or Member(s) contacted, for Payment indicated in item 11:
(ATTACH CONTINUATION SHEET(S) SF-LLL-A, IF NECESSARY)
---------------------------------------------------------------------------------------------------------------------------
15. Continuation Sheet(s) SF-LLL-A attached: / / Yes / / No
---------------------------------------------------------------------------------------------------------------------------
16. Information requested through this form is authorized by title Signature:____________________________________
31 U.S.C. section 1352. This disclosure of lobbying activities Print Name: __________________________________
is a material representation of fact upon which reliance was Title: _______________________________________
placed by the tier above when this transaction was made or Telephone No:_________________Date:___________
entered into. This disclosure is required pursuant to
31 U.S.C. 1352. This information will be reported to the Congress
semi-annually and will be available for public inspection. Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
---------------------------------------------------------------------------------------------------------------------------
Authorized for Local Reproduction
FEDERAL USE ONLY Standard Form - LLL
---------------------------------------------------------------------------------------------------------------------------
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
CONTINUATION SHEET 0348-0046
--------------------------------------------------------------------------------
Reporting Entity: ________________________________________ _____ _____ Page of
--------------------------------------------------------------------------------
Authorized for Local Reproduction
Standard Form - LLL-A
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 30 of
foreign partnership that does not have income effectively connected with the
conduct of a trade or business in the U.S. and does not have an office or place
of business or a fiscal paying agent in the U.S.;
___ Offeror is an agency or instrumentality of a foreign government;
___ Offeror is an agency or instrumentality of a Federal, state or local
government;
___ Other. State basis. _________________________
(d) Corporate Status.
___ Corporation providing medical and health care services, or
engaged in the billing and collecting of payments for such services;
___ Other corporate entity;
___ Not a corporate entity;
___ Sole proprietorship
___ Partnership
___ Hospital or extended care facility described in 26 CFR 501(c)(3) that is
exempt from taxation under 26 CFR 501(a).
(e) Common Parent.
___ Offeror is not owned or controlled by a common parent as
defined in paragraph (a) of this clause.
___ Name and TIN of common parent:
Name ____________________________________
TIN ____________________________________
K.5 52.204-5 WOMEN-OWNED BUSINESS, (OCT 1995)
(a) Representation. The offeror represents that it ( ) is, ( ) is not a
women-owned business concern.
(b) Definition. "Women-owned business concern," as used in this provision,
means a concern which is at least 51 percent owned by one or more women; or in
the case of any publicly owned business, at least 51 percent of the stock of
which is owned by one or more
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 31 of
women; and whose management and daily business operations are controlled by one
or more women.
K.6 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED
DEBARMENT, AND OTHER RESPONSIBILITY MATTERS, (MAR 1996)
(a) The Offeror certifies:
(1) to the best of its knowledge and belief, that:
(i) The Offeror and/or any of its Principals:
(A) Are ( ) are not (X) presently debarred, suspended, proposed
for debarment, or declared ineligible for the award of contracts by any Federal
agency;
(B) Have ( ) have not (X), within a 3-year period preceding this
offer, been convicted of or had a civil judgment rendered against them for:
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, state, or local)
contract or subcontract; violation of Federal or state antitrust statutes
relating to the submission of offers; or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false
statements, tax evasion, or receiving stolen property; and
(C) Are ( ) are not (X) presently indicted for, or otherwise
criminally or civilly charged by a governmental entity with, commission of any
of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision.
(ii) The Offeror has ( ) has not (X), within a 3-year period preceding
this offer, had one or more contracts terminated for default by any Federal
agency.
(2) "Principals," for the purposes of this certification, means officers;
directors; owners; partners; and, persons having primary management or
supervisory responsibilities within a business entity (e.g., general manager;
plant manager; head of a subsidiary, division, or business segment, and similar
positions).
This certification concerns a matter within the jurisdiction of an agency of
the United States and the making of a false, fictitious, or fraudulent
certification may render the maker subject to prosecution under section 1001,
title 18, United States Code.
(b) The Offeror shall provide immediate written notice to the Contracting
Officer if, at any time prior to contract award, the
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 32 of
Offeror learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision
exists will not necessarily result in withholding of an award under this
solicitation. However, the certification will be considered in connection with
a determination of the Offeror's responsibility. Failure of the Offeror to
furnish a certification or provide such additional information as requested by
the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render, in good faith, the
certification required by paragraph (a) of this provision. The knowledge and
information of an Offeror is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material
representation of fact upon which reliance was placed when making award. If it
is later determined that the Offeror knowingly rendered an erroneous
certification, in addition to other remedies available to the Government, the
Contracting Officer may terminate the contract resulting from this solicitation
for default.
K.7 52.215-6 TYPE OF BUSINESS ORGANIZATION. (JUL 1987)
The offeror or quoter, by checking the applicable box, represents that -
(a) It operates as /X/ a corporation incorporated under the laws of
the State of New Jersey, an individual, ___ a partnership, ____ a nonprofit
organization, or ___ a joint venture; or
(b) If the offeror or quoter is a foreign entity, it operates as
___ an individual, ___ a partnership, ___ a nonprofit
organization, ___ a joint venture, or ___ a corporation, registered
for business in __________________ (country).
K.8 52.215-11 AUTHORIZED NEGOTIATORS. (APR 1984)
The offeror or quoter represents that the following persons are authorized to
negotiate on its behalf with the Government in connection with this request for
proposals or quotations:
Xxxx X. Xxxxxx, CEO, 000-000-0000
------------------------------------------------------------
Xxxxx X. Onser, Director Scientific Affairs 000-000-0000
----------------------------------------------------------------------
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 33 of
(list names, titles, and telephone numbers of the authorized negotiators).
K.9 52.215-20 PLACE OF PERFORMANCE. (APR 1984)
(a) The offeror or quoter, in the performance of any contract resulting from
this solicitation, ___ intends, /X/ does not intend (check applicable
block) to use one or more plants or facilities located at a different address
from the address of the offeror or quoter as indicated in this proposal or
quotation.
(b) If the offeror or quoter checks intends in paragraph (a) above, it shall
insert in the spaces provided below the required information:
Place of Performance Name and address of Owner
(Street Address, City, and Operator of the Plant or
County, State, Zip Code) Facility if Other than
Offeror or Quoter
------------------------- --------------------------------
------------------------- --------------------------------
------------------------- --------------------------------
K.10 52.215-30 FACILITIES CAPITAL COST OF MONEY. (SEP 1987)
(a) Facilities capital cost of money will be an allowable cost under the
contemplated contract, if the criteria for allowability in subparagraph
31.205-10(a)(2) of the Federal Acquisition Regulation are met. One of the
allowability criteria requires the prospective contractor to propose facilities
capital cost of money in its offer.
(b) If the prospective Contractor does not propose this cost, the resulting
contract will include the clause Waiver of Facilities Capital Cost of Money.
K.11 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS. (JAN 1997)
(a)(1) The standard industrial classification (SIC) code for this acquisition
is 8731.
(2) The small business size standard is 500 employees.
(3) The small business size standard for a concern which submits an offer in
its own name, other than on a construction or service contract, but which
proposes to furnish a product which it did not itself manufacture, is 500
employees.
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 34 of
(b) Representations.
(1) The offeror represents as part of its offer that it (X) is, ( )
is not a small business concern.
(2) (Complete only if offeror represented itself as a small business concern
in block (b)(1) of this section.) The offeror represents as part of its offer
that it ( ) is, (X) is not a small disadvantaged business concern.
(3) (Complete only if offeror represented itself as a small business concern
in block (b)(1) of this section.) The offeror represents as part of its offer
that it ( ) is, (X) is not a women-owned small business concern.
(c) Definitions.
Joint venture, for purposes of a small disadvantaged business (SDB) set-aside
or price evaluation preference (as prescribed at 13 CFR 124.321), is a concern
that is owned and controlled by one or more socially and economically.
Small business concern, as used in this provision, 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 (a) of this provision.
Small disadvantaged business concern, as used in this provision, means a small
business concern that (1) is at least 51 percent unconditionally owned by one
or more individuals who are both socially and economically disadvantaged, or a
publicly owned business having at least 51 percent of its stock unconditionally
owned by one or more socially and economically disadvantaged individuals, and
(2) has its management and daily business controlled by one or more such
individuals. This term also means a small business concern that is at least 51
percent unconditionally owned by an economically disadvantaged Indian tribe or
Native Hawaiian Organization, or a publicly owned business having at least 51
percent of its stock unconditionally owned by one or more of these entities,
which has its management and daily business controlled by members of an
economically disadvantaged Indian tribe or Native Hawaiian Organization, and
which meets the requirements of 13 CFR Part 124.
Women-owned small business concern, as used in this provision, means a small
business concern--
(1) Which is at least 51 percent owned by one or more women or, in the case of
any publicly owned business, at least 51 percent
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 35 of
of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or
more women.
(d) Notice. (1) If this solicitation is for supplies and has been set aside,
in whole or in part, for small business concerns, then the clause in this
solicitation providing notice of the set-aside contains restrictions on the
source of the end items to be furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a
small or small disadvantaged business concern in order to obtain a contract to
be awarded under the preference programs established pursuant to sections 8(a),
8(d), 9, or 15 of the Small Business Act or any other provision of Federal law
that specifically references section 8(d) for a definition of program
eligibility, shall--
(i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including suspension
and debarment; and
(iii) Be ineligible for participation in programs conducted under the
authority of the Act.
K.12 52.219-19 SMALL BUSINESS CONCERN REPRESENTATION FOR THE SMALL BUSINESS
COMPETITIVENESS DEMONSTRATION PROGRAM. (JAN 1297)
(a) Definition.
"Emerging small business" as used in this solicitation, means a small business
concern whose size is no greater than 50 percent of the numerical size standard
applicable to the standard industrial classification code assigned to a
contracting opportunity.
(b) [Complete only if the Offeror has certified itself under the provision at
52.219-1 as a small business concern under the size standards of this
solicitation.]
The Offeror ___ is, ___ is not an emerging small business.
(c) (Complete only if the Offeror is a small business or an emerging small
business, indicating its size range.)
Offeror's number of employees for the past 12 months (check this column if size
standard stated in solicitation is expressed in terms of number of employees)
or Offeror's average annual gross
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 36 of
revenue for the last 3 fiscal years (check this column if size standard stated
in solicitation is expressed in terms of annual receipts). (Check one of the
following.)
NO. OF EMPLOYEES AVG. ANNUAL GROSS REVENUES
____50 or fewer ______$1 million or less
____51 - 100 ______$1,000,001 - $2 million
____101 - 250 ______$2,000,001 - $3.5 million
____251 - 500 ______$3,500,001 - $5 million
____501 - 750 ______$5,000,001 - $10 million
____751 - 1,000 ______$10,000,001 - $17 million
____ Over 1,000 ______ Over $17 million
K.13 52.222-21 CERTIFICATION OF NONSEGREGATED FACILITIES. (APR 1984)
(a) "Segregated facilities," as used in this provision, means any waiting
rooms, work areas, rest rooms and wash rooms, restaurants and other eating
areas, time clocks, locker rooms and other storage or dressing areas, parking
lots, drinking fountains, recreation or entertainment areas, transportation,
and housing facilities provided for employees, that are segregated by explicit
directive or are in fact segregated on the basis of race, color, religion, or
national origin because of habit, local custom, or otherwise.
(b) By the submission of this offer, the offeror certifies that it does not
and will not maintain or provide for its employees any segregated facilities at
any of its establishments, and that it does not and will not permit its
employees to perform their services at any location under its control where
segregated facilities are maintained. The offeror agrees that a breach of this
certification is a violation of the Equal Opportunity clause in the contract.
(c) The offeror further agrees that (except where it has obtained identical
certifications from proposed subcontractors for specific time periods) it
will -
(1) Obtain identical certifications from proposed subcontractors before the
award of subcontracts under which the subcontractor will be subject to the
Equal Opportunity clause;
(2) Retain the certifications in the files; and
(3) Forward the following notice to the proposed subcontractors (except if the
proposed subcontractors have submitted identical certifications for specific
time periods):
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 37 of
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF
NONSEGREGATED FACILITIES
A Certification of Nonsegregated Facilities must be submitted before the award
of a subcontract under which the subcontractor will be subject to the Equal
Opportunity clause. The certification may be submitted either for each
subcontract or for all subcontracts during a period (i.e., quarterly,
semiannually, or annually).
NOTE: The penalty for making false statements in offers is prescribed in 18
U.S.C. 1001.
K.14 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS. (APR 1984)
The offeror represents that -
(a) It __ has, (X) has not participated in a previous contract or
subcontract subject either to the Equal Opportunity clause of this
solicitation, the clause originally contained in Section 310 of Executive Order
No. 10925, or the clause contained in Xxxxxxx 000 xx Xxxxxxxxx Xxxxx Xx. 00000;
(b) It __ has, __ has not, filed all required compliance reports; and
(c) Representations indicating submission of required compliance reports,
signed by proposed subcontractors, will be obtained before subcontract awards.
K.15 52.222-25 AFFIRMATIVE ACTION COMPLIANCE. (APR 1984)
The offeror represents that (a) it ___ has developed and has on file, ___ has
not developed and does not have on file, at each establishment, affirmative
action programs required by the rules and regulations of the Secretary of Labor
(41 CFR 60-1 and 60-2), or (b) it (X) has not previously had contracts
subject to the written affirmative action programs requirement of the rules and
regulations of the Secretary of Labor.
K.16 52.223-1 CLEAN AIR AND WATER CERTIFICATION. (APR 1984)
The Offeror certifies that -
(a) Any facility to be used in the performance of this proposed contract
is ___, is not (X) listed on the Environmental Protection Agency (EPA) List
of Violating Facilities;
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 38 of
(b) The Offeror will immediately notify the Contracting Officer, before award,
of the receipt of any communication from the Administrator, or a designee, of
the EPA, indicating that any facility that the Offeror proposes to use for the
performance of the contract is under consideration to be listed on the EPA List
of Violating Facilities; and
(c) The Offeror will include a certification substantially the same as this
certification, including this paragraph (c), in every nonexempt subcontract.
K.17 252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A
TERRORIST COUNTRY. (SEP 1994)
(a) "Definitions."
As used in this provision --
(a) "Government of a terrorist country" includes the state and the government
of a terrorist country, as well as any political subdivision, agency, or
instrumentality thereof.
(2) "Terrorist country" means a country determined by the Secretary of State,
under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C.
App. 2405(j)(i)(A)), to be a country the government of which has repeatedly
provided support for such acts of international terrorism. As of the date of
this provision, terrorist countries include: Cuba, Iran, Iraq, Libya, North
Korea, Sudan, and Syria.
(3) "Significant interest" means --
(i) Ownership of or beneficial interest in 5 percent or more of the firm's
or subsidiary's securities. Beneficial interest includes holding 5 percent
or more of any class of the firm's securities in "nominee shares," "street
names," or some other method of holding securities that does not disclose the
beneficial owner;
(ii) Holding a management position in the firm, such as a director or officer;
(iii) Ability to control or influence the election, appointment, or tenure of
directors or officers in the firm;
(iv) Ownership of 10 percent or more of the assets of a firm such as
equipment, buildings, real estate, or other tangible assets of the firm; or
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 39 of
(v) Holding 50 percent or more of the indebtness of a firm.
(b) "Prohibition on award."
In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a
subsidiary of a firm if the government of a terrorist country has a significant
interest in the firm or subsidiary, unless a waiver is granted by the Secretary
of Defense.
(c) "Disclosure."
If the government of a terrorist country has a significant interest in the
Offeror or a subsidiary of the Offeror, the Offeror shall disclosure such
interest in an attachment to its offer. If the Offeror is a subsidiary, it
shall also disclose any significant interest the government of a terrorist
country has in any firm that owns or controls the subsidiary. The disclosure
shall include --
(1) Identification of each government holding a significant interest; and
(2) A description of the significant interest held by each government.
K.18 252.219-700 SMALL DISADVANTAGED BUSINESS CONCERN REPRESENTATION (DOD
CONTRACTS). (JAN 1997)
(a) Definition. "Small disadvantaged business concern", as used in this
provision, means a small business concern, owned and controlled by individuals
who are both socially and economically disadvantaged, as defined by the Small
Business Administration at 13 CFR part 124, the majority of earnings of which
directly accrue to such individuals. This term also means a small business
concern owned and controlled by an economically disadvantaged Indian tribe or
Native Hawaiian organization which meets the requirements of 13 CFR 124.112 or
13 CFR 124.113, respectively. In general, 13 CFR part 124 describes a small
disadvantaged business concern as a small business concern --
(1) Which is at least 51 percent unconditionally owned by one or more socially
and economically disadvantaged individuals; or
(2) In the case of any publicly owned business, at least 51 percent of the
voting stock is unconditionally owned by one or more socially and economically
disadvantaged individuals; and
(3) Whose management and daily business operations are controlled by one or
more such individuals.
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 40 of
(b) "Representations." Check the category in which your ownership falls --
___ Subcontinent Asian (Asian-Indian) American (U.S. citizen with origins from
India, Pakistan, Bangladesh, Sri Lanka, Bhutan, or Nepal)
___ Asian-Pacific American (U.S. citizen with origins from Japan, China, the
Philippines, Vietnam, Korea, Samoa, Guam, U.S. Trust Territory of the Pacific
Islands (Republic of Palau), the Northern Mariana Islands, Laos, Kampuchea
(Cambodia), Taiwan, Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei,
Republic of the Xxxxxxxx Islands, or the Federated States of Micronesia)
___ Black American (U.S. citizen)
___ Hispanic American (U.S. citizen with origins from South
America, Central America, Mexico, Cuba, the Dominican Republic,
Puerto Rico, Spain, or Portugal)
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians,
including Indian tribes or Native Hawaiian organizations)
___ Individual/concern, other than one of the preceding, currently certified
for participation in the Minority Small Business and Capital Ownership
Development Program under Section 8(a) of the Small Business Act
___ Other
(c) Complete the following --
(1) The offeror is __. is not [check xxxx] a small disadvantaged business
concern.
(2) The Small Business Administration (SBA) has _____________ has not ________
made a determination concerning the offeror's status as a small disadvantaged
business concern. If the SBA has made a determination, the date of the
determination was __________ and the offeror --
___ Was found by SBA to be socially and economically disadvantaged and no
circumstances have changed to vary that determination.
___ Was found by SBA not to be socially and economically disadvantaged but
circumstances which caused the determination have changed.
(d) "Penalties and Remedies." Anyone who misrepresents the status of a concern
as a small disadvantaged business for the
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 41 of
purpose of securing a contract or subcontract shall --
(1) Be punished by imposition of a fine, imprisonment, or both;
(2) Be subject to administrative remedies, including suspension and debarment;
and
(3) Be ineligible for participation in programs conducted under authority of
the Small Business Act.
K.19 252.225-7000 BUY AMERICAN ACT - BALANCE OF PAYMENTS PROGRAM CERTIFICATE.
(DEC 1991)
(a) "Definitions. Domestic end product, qualifying country, qualifying
country end product, and qualifying country end product" have the meanings
given in the Buy American Act and Balance of Payments Program clause of this
solicitation.
(b) "Evaluation." Offers will be evaluated by giving preference to domestic
end products and qualifying country end products over nonqualifying country end
products.
(c) "Certifications." (1) The Offeror certifies that --
(i) Each end product, except those listed in paragraphs (c) (2) or (3) of this
clause, is a domestic end product; and
(ii) Components of unknown origin are considered to have been mined, produced,
or manufactured outside the United States or a qualifying country.
(2) The Offeror certifies that the following end products are qualifying
country end products:
Qualifying Country End Products
------------------------------------------------
Line item No. Country of origin
------------- -----------------
_____________ _________________
------------------ -----------------------------
(List only qualifying country end products.)
(3) The Offeror certifies that the following end products are nonqualifying
country end products:
Nonqualifying Country End Products
-----------------------------------------------------
Line item No. Country of origin (If known)
---------------------------------------------------------
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 42 of
---------------- -----------------------------
---------------------------------------------------------
K.20 252.227-7028 TECHNICAL DATA OR COMPUTER SOFTWARE PREVIOUSLY DELIVERED TO
THE GOVERNMENT. (JUN 1995)
The Offeror shall attach to its offer an identification of all documents or
other media incorporating technical data or computer software it intends to
deliver under this contract with other than unlimited rights that are identical
or substantially similar to documents or other media that the Offeror has
produced for, delivered to, or is obligated to deliver to the Government under
any contract or subcontract. The attachment shall identify --
(a) The contract number under which the data or software were produced;
(b) The contract number under which, and the name and address of the
organization to whom, the data or software were most recently delivered or will
be delivered; and
(c) Any limitations on the Government's rights to use or disclose the data or
software, including, when applicable, identification of the earliest date the
limitations expire.
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 43 of
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR QUOTERS
L.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (JUN 1988)
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.
52.215-5 SOLICITATION DEFINITIONS JUL 1987
52.215-7 UNNECESSARILY ELABORATE PROPOSALS APR 1984
OR QUOTATIONS
52.215-8 AMENDMENTS TO SOLICITATIONS DEC 1989
52.215-9 SUBMISSION OF OFFERS MAR 1997
52.215-10 LATE SUBMISSIONS, MODIFICATIONS, MAY 1997
AND WITHDRAWALS OF PROPOSALS
52.215-13 PREPARATION OF OFFERS APR 1984
52.215-14 EXPLANATION TO PROSPECTIVE OFFERORS APR 1984
52.215-15 FAILURE TO SUBMIT OFFER MAY 1997
252.227-7019 VALIDATION OF ASSERTED JUN 1995
RESTRICTIONS--COMPUTER SOFTWARE
L.2 52.204-6 CONTRACTOR IDENTIFICATION NUMBER--DATA UNIVERSAL NUMBERING SYSTEM
(DUNS) NUMBER. (DEC 1996)
(a) Contractor Identification Number, as used in this provision, means "Data
Universal Numbering System (DUNS) number," which is a nine-digit number
assigned by Dun and Bradstreet Information Services.
(b) Contractor identification is essential for complying with statutory
contract reporting requirements. Therefore, the offeror is requested to enter,
in the block with its name and address on the Standard Form 33 or similar
document, the annotation "DUNS" followed by the DUNS number which identifies
the offeror's name and address exactly as stated in the offer.
(c) If the offeror does not have a DUNS number, it should contact Dun and
Bradstreet directly to obtain one. A DUNS number will be provided immediately
by telephone at no charge to the offeror.
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 44 of
For information on obtaining a DUNS number, the offeror should call Dun and
Bradstreet at 0-000-000-0000. The offeror should be prepared to provide the
following information:
(1) Company name.
(2) Company address.
(3) Company telephone number.
(4) Line of business.
(5) Chief executive officer/key manager.
(6) Date the company was started.
(7) Number of people employed by the company.
(8) Company affiliation.
(d) Offerors located outside the United States may obtain the location and
phone number of the local Dun and Bradstreet Information Services office from
the Internet Home Page at xxxx://xxx.xxxxxx.xxx/xxxx/xxxxxxxx/xxxxxxxx.xxx. If
an offeror is unable to locate a local service center, it may send an e-mail to
Dun and Bradstreet at xxxxxxxxxx@xxxxxx.xxx.
L.3 52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE USE. (SEP 1990)
Any contract awarded as a result of this solicitation will be a [ ] DX rated
order; [X] DO rated order certified for national defense use under the Defense
Priorities and Allocations System (DPAS) (15 CFR part 700), and the Contractor
will be required to follow all of the requirements of this regulation.
L.4 52.215-12 RESTRICTION ON DISCLOSURE AND USE OF DATA. (APR 1984)
Offerors or quoters who include in their proposals or quotations data that they
do not want disclosed to the public for any purpose or used by the Government
except for evaluation purposes, shall -
(a) Xxxx the title page with the following legend:
"This proposal or quotation includes data that shall not be disclosed outside
the Government and shall not be duplicated, used, or disclosed - in whole or in
part - for any purpose other
CONTINUATION SHEET DAAE30-97-C-1081 PAGE 45 of
than to evaluate this proposal or quotation. If, however, a contract is
awarded to this offeror or quoter as a result of - or in connection with - the
submission of this data, the Government shall have the right to duplicate, use,
or disclose the data to the extent provided in the resulting contract. This
restriction does not limit the Government's right to use information contained
in this data if it is obtained from another source without restriction. The
data subject to this restriction are contained in sheets __3____ (insert
numbers or other identification of sheets)"; and
(b) Xxxx each sheet of data it wishes to restrict with the following legend:
"Use or disclosure of data contained on this sheet is subject to the
restriction on the title page of this proposal or quotation."
