Exhibit 10(iv)
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AWARD/CONTRACT 1. THIS CONTRACT IS RATED ORDER RATING PAGE OF PAGES
UNDER DPAS (15 CFR 350)
DO-C9 1 66
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2. CONTRACT (Prec. Inst. Ident.) NO. 3. EFFECTIVE DATE
N00014-95-C-2044 SEE BLOCK 20C
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4. REQUISITION/PURCHASE REQUEST/PROJECT NO.
00-0000-00
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5. ISSUED BY CODE N00173
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CONTRACTING OFFICER
NAVAL RESEARCH LABORATORY
0000 XXXXXXXX XXX, XX
XXXXXXXXXX XX 00000-0000
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6. ADMINISTERED BY (If other than Item 5) CODE S1002A
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DCMAO ORLANDO
0000 XXXXXXX XXXX
XXXXXXX XX 00000-0000
SCD: C
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7. NAME XXX XXXXXXX XX XXXXXXXXXX (Xx., xxxxxx, xxxx, xxxxxx, Xxxxx and Zip
Code)
SOFTWARE TECHNOLOGY INC
0000 XXXXX XXXX
XXXXXXXXX XX 00000-0000
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CODE 3R623
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8. DELIVERY
[_] FOB ORIGIN [X] OTHER (See below)
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9. DISCOUNT FOR PROMPT PAYMENT
NET 30
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10. SUBMIT INVOICES (4 Copies unless otherwise specified) TO THE ADDRESS SHOWN
IN: > ITEM
SEE ITEM 12
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11. SHIP TO/XXXX FOR CODE N00173
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SEE SECTION F - DELIVERIES OR PERFORMANCE
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12. PAYMENT WILL BE MADE BY CODE SC1020
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DFAS COLUMBUS CENTER
DFAS SOUTHEASTERN XX XXX 000000
XXXXXXXX XX 00000-0000
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13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
[_] 10 U.S.C 2304(c) ( ) [_] 41 U.S.C. 253(c) ( )
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14. ACCOUNTING AND APPROPRIATION DATA
SEE SECTION G
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15A. ITEM NO. 15B. SUPPLIES/SERVICES
SEE PAGE 2
Attn: XXXXX X. XXXXXXX 3230.CP
202/767-0547
STI BAFO Letter dated 27 Dec 94 is incorporated by reference
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15C. QUANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT
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15G. TOTAL AMOUNT OF CONTRACT > $9,935,187.00
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16. TABLE OF CONTENTS
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(X) SEC. DESCRIPTION PAGES(S)
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PART 1 - THE SCHEDULE
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X A SOLICITATION/CONTRACT FORM 1
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X B SUPPLIES OR SERVICES AND PRICES/COSTS 2-3
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C DESCRIPTION/SPECS./WORK STATEMENT N/A
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D PACKAGING AND MARKING N/A
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E INSPECTION AND ACCEPTANCE N/A
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X F DELIVERIES OR PERFORMANCE 3
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X G CONTRACT ADMINISTRATION DATA 4-5
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X H SPECIAL CONTRACT REQUIREMENTS 6
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(X) SEC. DESCRIPTION PAGES (S)
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PART II - CONTRACT CLAUSES
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X I CONTRACT CLAUSES 6
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PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH
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X J LIST OF ATTACHMENTS 7
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PART IV - REPRESENTATIONS AND INSTRUCTIONS
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K REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
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L INSTRS., CONDS. AND NOTICES TO OFFERORS N/A
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M EVALUATION FACTORS FOR AWARD N/A
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CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE
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17. [_] CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign this
document and return________copies to issuing office.) Contractor agrees to
furnish and deliver all items or perform all the services set forth or otherwise
identified above and on any continuation sheets for the consideration stated
herein. The rights and obligations of the parties to this contract shall be
subject to and governed by the following documents: (a) this award/contract, (b)
the solicitation, if any, and (c) such provisions, representations,
certifications, and specifications, as are attached or incorporated by reference
herein. (Attachments are listed herein.)
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18. [X] AWARD (Contractor is not required to sign this document) Your offer on
Solicitation Number N00014-94-R-CP05 thru Amend 0002 including the additions
or changes made by you which additions or changes are set forth in full above,
is hereby accepted as to the items listed above and on any continuation sheets.
This award consummates the contract which consists of the following documents:
(a) the Government's solicitation and your offer and (b) this award/contract. No
further contractual document is necessary.
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19A. NAME AND TITLE OF SIGNER (Type or print)
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19B. NAME OF CONTRACTOR 19C. DATE SIGNED
BY ____________________________________________
(Signature of person authorized to sign)
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20A. NAME OF CONTRACTING OFFICER
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20B. XXXXXX XXXXXX XX XXXXXXX 00X. DATE SIGNED
BY ______________________________________ 1/23/95
(Signature of Contracting Officer)
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NSN 7540-01-152-8069 26-107
PREVIOUS EDITION UNUSABLE *U.S.G.P.O.: 0000-000-000/20013
STANDARD FORM 26 (REV 4-45)
Prescribed by XXX
XXX (00 XXX) 000-0
XXXXXXXX XX. X00000-00-X-0000
SOFTWARE ENGINEERING SUPPORT
PAGE 2
SECTION B as follows:
TOTAL EST.
ITEM SUPPLIES OR SERVICES ESTIMATED FIXED COST PLUS
NUMBER COST FEE FIXED FEE
BASE EFFORT
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0001 The Contractor shall conduct
research as described below
and in Section C. $ 9,235,195 $ 699,992 $ 9,935,187
0002 Reports and Data in accordance
with Exhibit A (DD 1423) *NSP *NSP *NSP
TOTAL ESTIMATED COST AND FIXED FEE: $ 9,235,195 $ 699,992 $ 9,935,187
FOR THE BASE PERIOD OF PERFORMANCE
OPTION 1
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0003 The Contractor shall conduct $ 4,728,049 $ 359,384 $ 5,087,433
research as described below
and in Section C.
0004 Reports and Data in accordance
with Exhibit A (DD 1423) *NSP *NSP *NSP
OPTION 2
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0005 The Contractor shall conduct $ 4,733,415 $ 359,840 $ 5,093,255
research as described below
and in Section C.
0006 Reports and Data in accordance
with Exhibit A (DD 1423) *NSP *NSP *NSP
CONTRACT NO. N00014-95-C-2044
SOFTWARE ENGINEERING SUPPORT
PAGE 3
ITEM SUPPLIES OR SERVICES ESTIMATED FIXED COST PLUS
NUMBER COST FEE FIXED FEE
OPTION 3
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0007 The Contractor shall conduct $ 4,727,394 $ 359,238 $ 5,086,722
research as described below
and in Section C.
0008 Reports and Data in accordance
with Exhibit A (DD 1423) *NSP *NSP *NSP
TOTAL ESTIMATED COST AND FIXED FEE: $23,424,053 $1,778,544 $25,202,597
WITH ALL OPTIONS
SECTION F AS FOLLOWS:
F-1 DELIVERIES OR PERFORMANCE
Contracting Officer's Technical Representative
Xxxxx Xxxxxxxxxx
Naval Research Laboratory
Contract Number: N00014-95-C-2044
Code: 8140.2
0000 Xxxxxxxx Xxxxxx, XX
Xxxxxxxxxx XX 00000-0000
c. The principal place of performance of this contract shall be the:
Alexandria South Associates
Xxx Xxxxxxx Xxxxxx Xxxxxxxx, 0xx Xxxxx
0000 Xxxxxxxx Xxxxxxx,
Xxxxxxxxxx, XX
CONTRACT NO. N00014-95-C-2044
SOFTWARE ENGINEERING SUPPORT
PAGE 4
SECTION G AS FOLLOWS:
G-2 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) -- FUNCTION/
LIMITATIONS
Xxxxx Xxxxxxxxxx (000)000-0000 is hereby designated the cognizant COTR who will
represent the Contracting Officer in the administration of technical details
within the scope of this contract and inspection and acceptance.
G-4 ACCOUNTING AND APPROPRIATION DATA
See page 5 for the applicable accounting and appropriation data.
G-5 EXPLANATION OF LIMITATION OF FUNDS
The Total Estimated Cost plus Fixed Fee of the contract will not exceed
$9,935,187, including a Total Estimated Cost of $9,235,195, and a Fixed Fee of
$699,992.
The amount presently available for payment and allotted to this contract is a
Total Estimated Cost Plus Fixed Fee of $298,174, including a Total Estimated
Cost of $277,166, and a Fixed Fee of $21,008.
The amount of $298,174 allotted is estimated to cover the period Date of
Contract Award through 11 February 1995.
G-8 5252.232-9001 SUBMISSION OF INVOICES (COST-REIMBURSEMENT, TIME-
AND-MATERIALS, LABOR-HOUR, OR FIXED PRICE INCENTIVE)
(b) The Contractor shall submit invoices and any necessary supporting
documentation, in an original and 4 copies, to the contract auditor* at the
following address:
DCAA Melbourne Branch Xxxxxx
0000 X. Xxxxxxx Xxxx Xxxxx 000
Xxxxxxxxx, XX 00000-0000
N00014-95-C-2044
Page 05
G-4 ACCOUNTING AND APPROPRIATION DATA
1. The following accounting and appropriation data is applicable to this
contract.
APPROPRIATION OBJ AUTHRN
ACRN AND SUBHEAD CLAS BCN SA ACCT A TT PAA COST CODE AMOUNT
AA 1731810.D6AC 000 41756 0 068941 2D 000000 193261C052A1 $247,174.00
FUNDING DOCUMENT - N4175694RC46112
AB 1741810.D6AC 000 41756 0 068941 2D 000000 194277C052A1 $ 51,000.00
FUNDING DOCUMENT - N4175694RC46116
CONTRACT NO. N0001495-C-2044
SOFTWARE ENGINEERING SUPPORT
PAGE 6
SECTION H AS FOLLOWS:
H-3 TYPE OF CONTRACT
This is a Cost Plus Fixed Fee Term Level of Effort Contract.
H-4 KEY PERSONNEL (5252.237-9705) (DEC 88)
The following are identified as key personnel:
Xxxxxxx X. Xxxxx
Xxxxx X. Xxxxxxxxxx
Xxxx X. Daily
Xxxxx Xxxxx
Xxxxxxx X. Xxxxxxx
Xxxxxx X. Xxxxxx
Xxxxxx X. XxXxxxx
Xxxxxxx X. Xxxxxxxxxx
Xxxxxx X. Xxxxxxx
SECTION I AS FOLLOWS:
DELETE FAR 52.215-30 Facilities Capital Cost of Money (SEP 1987)
FAR 52.227-12 Patent Rights--Retention by the Contractor (Long
Form) (JUN 1989)
FAR 52.215-24 Subcontractor Cost or Pricing Data (DEC 1991)
FAR 52.219-09 Small Business and Small Disadvantaged Business
Subcontracting Plan (JAN 1991) and Alternate 1 (Aug
1989)
FAR 52.219-16 Liquidated Damages - Small Business Subcontracting
Plan (AUG 1989)
DFARS 252.215-7000 Pricing Adjustments (DEC 1991)
SECTION J AS FOLLOWS:
J-3 ATTACHMENT NO. 2 - DD 254, Contract Security Classification Specification
for Ser 006-95. dated 20 Jan 95, pages 5
SOLICITATION, OFFER AND AWARD THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 350) RATING PAGE OF 1 OF 70 PAGES
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2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE
N00014-94-R-CP05 [_] SEALED BID (IFB) NO.
[X] NEGOTIATED (RFP) 15 SEP 94
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7. ISSUED BY CODE N00173 8. ADDRESS OFFER TO (If other than Item 7)
CONTRACTING OFFICER
NAVAL RESEARCH LABORATORY
ATTN: Code 3230.CP
XXXXXXXXXX XX 00000-0000
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NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
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SOLICITATION
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9. Sealed offers in original and 6 copies for furnishing the supplies or services in the Schedule will be received at the place
specified in Item 8, or if handcarried, in the depository located in Xxxx. 000 Xxxx 000X. Naval Research Laboratory until
4:00 local time 2 NOV. 94
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Hour Date
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CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L. Provision No. 52.214-7 or 52.215-10. All offers are
subject to all terms and conditions contained in this solicitation.
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10. FOR INFORMATION A. NAME B. TELEPHONE NO. (Include area code (NO COLLECT CALLS), CONTRACT CLAUSES)
CALL: Xxxxx Xxxxxxx 000-000-0000
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II. TABLE OF CONTENTS
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( ) SEC. DESCRIPTION PAGES(S) ( ) SEC. DESCRIPTION PAGES(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 19
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X B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
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X C DESCRIPTION/SPEC./WORK STATEMENT 4 X J LIST OF ATTACHMENTS 30
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X D PACKAGING AND MARKING 5 PART IV - REPRESENTATIONS AND INSTRUCTIONS
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X E INSPECTION AND ACCEPTANCE 6 X K REPRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS OF OFFERORS 31
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X F DELIVERIES OR PERFORMANCE 7
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X G CONTRACT ADMINISTRATION DATA 8 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 58
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X H SPECIAL CONTRACT REQUIREMENTS 13 X M EVALUATION FACTORS FOR AWARD 67
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OFFER (Must be fully completed by offeror)
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NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16. Minimum Bid Acceptance Period.
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12. In compliance with the above, the undersigned agrees, if this offer is accepted within ________________________________calendar
days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers
specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the
designated point(s), within the time specified in the schedule.
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13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS
(See Section I. Clause No. 52.232-8) . 0 % 0 % 0 % 0 %
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14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE
(The offeror acknowledges receipt of amend-
ments to the SOLICITATION for offerors and 001 10/15/94
related documents numbered and dated): 002 10/10/94
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15A. NAME AND CAGE CODE 3R623 FACILITY[ ] 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER
ADDRESS Software Technology, Inc. (Type or print)
OF 0000 Xxxxx Xxxx Xxx X. Xxxxxxx
OFFEROR Xxxxxxxxx, Xxxxxxx 00000-0000 Secretary / Treasurer
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15B. TELEPHONE NO. (Include 15C. CHECK IF REMITTANCE ADDRESS 17. SIGNATURE 18. OFFER DATE
area code) IS DIFFERENT FROM ABOVE - ENTER 10-24-94
(000) 000-0000 [_] SUCH ADDRESS IN SCHEDULE.
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AWARD (To be completed by Government)
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19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
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22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
COMPETITION: (4 Copies unless otherwise specified) .
[_] 10 U.S.C. 2304(c)( ) [_] 41 U.S.C.253(c)( )
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24. ADMINSTERED BY (if other than Item 7) CODE [ ] 25. PAYMENT WILL BE MADE BY CODE[ ]
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26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
(Signature of Contracting Officer)
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IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
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NSN 7540-01-152-8064 33-133 STANDARD FORM (REV. 4-85)
PREVIOUS EDITION NOT USABLE Prescribed by XXX
XXX (00 XXX) 53.214(C)
SOLICITATION NO. N00014-94-R-CP05
SOFTWARE ENGINEERING SUPPORT
PAGE 2
PART I- SECTION B
SUPPLIES/SERVICES AND PRICES
ITEM SUPPLIES OR SERVICES ESTIMATED FIXED TOTAL EST.
NUMBER COST FEE COST PLUS
FIXED FEE
BASE EFFORT
-----------
0001 The Contractor shall conduct $9,284,565 $745,611 $10,030,176
research as described below
and in Section C.
0002 Reports and Data in accordance
with Exhibit A (DD 1423) *NSP *NSP *NSP
TOTAL ESTIMATED COST AND FIXED FEE: $9,284,565 $745,611 $10,030,176
FOR THE BASE PERIOD OF PERFORMANCE
OPTION 1
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0003 The Contractor shall conduct $4,783,904 $385,551 $ 5,169,455
research as described below
and in Section C.
0004 Reports and Data in accordance *NSP *NSP *NSP
with Exhibit A (DD 1423)
OPTION 2
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0005 The Contractor shall conduct $4,810,133 $387,912 $ 5,198,045
research as described below
and in Section C.
0006 Reports and Data in accordance
with Exhibit A (DD 1423) *NSP *NSP *NSP
19
SOLICITATION NO. N00014-94-R-CP05
SOFTWARE ENGINEERING SUPPORT
PAGE 3
ITEM SUPPLIES OR SERVICES ESTIMATED FIXED COST PLUS
NUMBER COST FEE FIXED FEE
OPTION 3
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0007 The Contractor shall conduct $ 4,824,366 $ 389,193 $ 5,213,559
research as described below
and in Section C.
0008 Reports and Data in accordance *NSP *NSP *NSP
with Exhibit A (DD 1423)
TOTAL ESTIMATED COST AND FIXED FEE: $23,702,968 $1,908,267 $25,611,235
WITH ALL OPTIONS
*Not Separately Priced
20
SOLICITATION NO. N00014-94-R-CP05
SOFTWARE ENGINEERING SUPPORT
PAGE 4
PART I - SECTION C
DESCRIPTIONS/SPECIFICATIONS/WORK STATEMENTS
C-l The work and services to be performed hereunder shall be subject to the
requirements and standards contained in Attachment 1, Statement of Work, and
Exhibit A, DD Form 1423, Contracts Data Requirements List, which are
incorporated by reference into Section C.
SOLICITATION NO. N00014-94-R-CP05
SOFTWARE ENGINEERING SUPPORT
PAGE 5
PART I - SECTION D
PACKAGING AND MARKING
D-1 PACKAGING AND MARKING
Preservation, packaging, packing and marking of all deliverable contract line
items must conform to normal commercial packing standards to assure safe
delivery at destination.
SOLICITATION NO. N00014-94-R-CP05
SOFTWARE ENGINEERING SUPPORT
PAGE 6
PART I - SECTION E
INSPECTION AND ACCEPTANCE
E-l INSPECTION AND ACCEPTANCE
Inspection and acceptance of the final delivery under this contract must be
accomplished by the Contracting Officer's Technical Representative (COTR)
designated in Section G of this contract within seven (7) days after delivery of
final report. Inspection and acceptance will be performed at the Naval Research
Laboratory, Xxxxxxxxxx XX 00000-0000.
SOLICITATION NO. N0001494-R-CP05
SOFTWARE ENGINEERING SUPPORT
PAGE 7
PART I - SECTION F
DELIVERIES OR PERFORMANCE
F-1 DELIVERIES OR PERFORMANCE
a. The research work under this contract for CLIN 0001 will be conducted
during the period from Date of Contract Award through two years.
b. The research work under this contract for Option 1, CLIN 0003, if exercised
shall be conducted during the period from exercise of option through one year.
c. The research work under this contract for Option 2, CLIN 0004, if exercised
shall be conducted during the period from exercise of option through one year.
d. The research work under this contract for Option 3, CLIN 0005, if exercised
shall be conducted during the period from exercise of option through one year.
The contract period of performance shall not exceed 5 years.
e. Distribution, consignment and marking instructions for all contract line
items shall be in accordance with the following:
1. Item No. 0002 and 0004, 0006, 0008, 0010 if options are exercised
shall be shipped FOB Naval Research Laboratory, Washington DC 20375-
5326, consigned to:
Contracting Officer's Technical Representative
*
Naval Research Laboratory
Contract Number: *
Code: *
0000 Xxxxxxxx Xxxxxx, XX
Xxxxxxxxxx XX 00000-0000
c. The principal place of performance of this contract shall be *
* To be assigned at time of award.
SOLICITATION NO. N00014-94-R-CP05
SOFTWARE ENGINEERING SUPPORT
PAGE 8
PART I - SECTION G
CONTRACT ADMINISTRATION
G-1 PROCURING OFFICE REPRESENTATIVE
In order to expedite administration of this contract, the Administrative
Contracting Officer (ACO) will direct inquiries to the appropriate office listed
below. Please do not direct routine inquiries to the person listed in Item 20A
on Standard Form 26.
Contract Matters - Xxxxx Xxxxxxx (000) 000-0000, Autovon 297-0547, or Telecopier
(000) 000-0000
Security Matters - Xxxxxxx Xxxxxx, Code 1221, (000) 000-0000, Autovon 297-2240
Safety Matters - Xxxx X. Xxxx, Code 1240, (000) 000-0000, Autovon 297-2232
Patent Matters - Mr. Xxxxxx XxXxxxxxx, Code 3008.2, (000) 000-0000, Autovon
297-3427
Release of Data - Xx. Xxxxx X. Xxxxxx, Xx., Code 0000 (000) 000-0000, Autovon
297-2541
The ACO will forward invention disclosures and reports directly to the Associate
Counsel for Patents, Code 3008.2, Naval Research Laboratory, Xxxxxxxxxx XX
00000-0000. The Associate Counsel for Patents will return the reports along with
a recommendation to the Administrative Contracting Officer. The Associate
Counsel for Patents will represent the Contracting Officer with regard to
invention reporting matters arising under this contract.
G-2 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) -- FUNCTIONS
/LIMITATIONS
(To be assigned at time of award) is hereby designated the cognizant COTR who
will represent the Contracting Officer in the administration of technical
details within the scope of this contract and inspection and acceptance. The
COTR is not otherwise authorized to make any representations or commitments of
any kind on behalf of the Contracting Officer or the Government. The COTR does
not have the authority to alter the Contractor's obligations or change the
specifications in the contract. If, as a result of technical discussions, it is
desirable to alter contract obligations or statements of work, a modification
must be issued in writing and signed by the Contracting Officer. The COTR is
responsible for reviewing the bills and charges submitted by the Contractor and
informing the ACO of areas where exceptions are to be taken.
SOLICITATION NO. N00014-94-R-CP05
SOFTWARE ENGINEERING SUPPORT
PAGE 9
G-3 SPECIAL DISTRIBUTION OF PAYMENT INVOICES
The Contractor shall submit an informational copy of invoices to:
Naval Research Laboratory
Code 3332.3
0000 Xxxxxxxx Xxx., X. X.
Xxxxxxxxxx D. C. 20375-5326
G-4 ACCOUNTING AND APPROPRIATION DATA
* To be completed at time of award.
G-5 EXPLANATION OF LIMITATION OF FUNDS
The Total Estimated Cost plus Fixed Fee of the contract will not exceed $,
including a Total Estimated Cost of $, and a Fixed fee of $.
The amount presently available for payment and allotted to this contract is a
Total Estimated Cost Plus Fixed Fee of $, including a Total Estimated Cost of $,
and a Fixed Fee of $.
The amount of $ allotted is estimated to cover the period * through *.
THE FUNDING AVAILABLE IS A CEILING WHICH THE CONTRACTOR MAY NOT EXCEED
(EXCEPT AT HIS OWN RISK) WITHOUT THE WRITTEN APPROVAL OF THE CONTRACTING
OFFICER.
* To be completed at time of award.
G-6 TECHNICAL DIRECTION MEMORANDUM (TDM)
a. For the purposes of this clause, technical direction includes the following:
(1) Direction to the Contractor which shifts work emphasis between
work areas or tasks, requires pursuit of certain lines of inquiry, fills in
details or otherwise describes work which will accomplish the objectives
described in the statement of work;
(2) Guidelines to the contractor which assist in interpretation of
drawings, specifications or technical portions of work description.
SOLICITATION NO. N00014-94-R-CP05
SOFTWARE ENGINEERING SUPPORT
PAGE 10
b. Technical instructions must be within the scope of work stated in the
contract. Technical instructions may not be used to:
(1) Assign additional work under the contract;
(2) Direct a change as defined in the contract clause entitled "Changes";
(3) Increase or decrease the estimated contract cost, the fixed fee, or the
time required for contract performance; or
(4) Change any of the terms, conditions or specifications of the contract.
c. The TDM shall be written by the Contracting Officer's Technical
Representative (COTR), with the original given to the Contractor and a copy
retained in the COTR's file. Technical direction may be issued orally only in
emergency situations. If technical direction is issued orally, a TDM must follow
within two (2) working days from the date of the oral direction. Amendments,
corrections, or changes to TDMs shall also be in written format and shall
include all the information set forth in e. below
d. A TDM shall be considered issued when the Government deposits it in the mail,
or if transmitted by other means, when it is physically delivered to the
contractor.
e. TDMS shall include, but not be limited to, the following information:
(1) Date of TDM,
(2) Contract Number,
(3) Reference to the relevant portion or item in the Statement of Work,
(4) The specific technical direction or clarification, and
(5) The signature of the COTR.
f. COTRs shall retain all files containing TDMs for a period of two (2) years
after the final contract completion date.
g. The only individual authorized in any way to amend or modify any of the terms
of this contract shall be the Contracting Officer. When, in the opinion of the
Contractor, any technical direction calls for effort outside the scope of the
contract or inconsistent with this special provision, the Contractor shall
notify the Contracting Officer in writing within ten (10) working days after its
receipt.
SOLICITATION NO. N00014-94-R-CP05
SOFTWARE ENGINEERING SUPPORT
PAGE 11
G-7 ADMINISTRATION FUNCTIONS
Contract administration and payment functions are delegated to the
designated DCMD and DCMAO identified in Blocks 6 and 12 of Page 1 with the
exception of those functions at FAR 42.302(a) (31), (38), (39), (40) and (43)
which will be retained by the Naval Research Laboratory in accordance with DFARS
242.203 for that portion of the work performed on the Naval Research Laboratory.
G-8 5252.232-9001 SUBMISSION OF INVOICES (COST-REIMBURSEMENT, TIME-
AND-MATERIALS, LABOR-HOUR, OR FIXED PRICE INCENTIVE)
SUBMISSION OF INVOICES (COST-REIMBURSEMENT, TIME-
AND-MATERIALS, LABOR-HOUR, OR FIXED PRICE INCENTIVE)
(JUL 1992)
(a) "Invoice" as used in this clause includes contractor requests for interim
payments using public vouchers (SF 1034) but does not include contractor
requests for progress payments under fixed price incentive contracts.
(b) The Contractor shall submit invoices and any necessary supporting
documentation, in an original and 4 copies, to the contract auditor* at the
following address: To be completed at award
______________________________
______________________________
unless delivery orders are applicable, in which case invoices will be segregated
by individual order and submitted to the address specified in the order. In
addition, an information copy shall be submitted to See Section G for designated
COTR. Following verification, the contract auditor* will forward the invoice to
the designated payment office for payment in the amount determined to be owing,
in accordance with the applicable payment (and fee) clause(s) of this contract.
(c) Invoices requesting interim payments shall be submitted no more than once
every two weeks, unless another time period is specified in the Payments clause
of this contract. For indefinite delivery type contracts, interim payment
invoices shall be submitted no more than once every two weeks for each delivery
orders. There shall be a lapse of no more than 60 calendar days between
performance and submission of an interim payment invoice.
SOLICITATION NO. N00014-94-R-CP05
SOFTWARE ENGINEERING SUPPORT
PAGE 12
(d) In addition to the information identified in the Prompt Payment clause
herein, each invoice shall contain the following information, as
applicable:
(1) Contract line item number (CLIN)
(2) Subline item number (SLIN)
(3) Accounting Classification Reference Number (ACRN)
(4) Payment terms
(5) Procuring activity
(6) Date supplies provided or services performed
(7) Costs incurred and allowable under the contract
(8) Vessel (e.g., ship, submarine or other craft) or system for which
supply/service is provided
(e) A DD Form 250, "Material Inspection and Receiving Report",
X is required with each invoice submittal.
___
___ is required only with the final invoice.
___ is not required.
(f) A Certificate of Performance
___ shall be provided with each invoice submittal.
X is not required.
___
(g) The Contractor's final invoice shall be identified as such, and shall list
all other invoices (if any) previously tendered under this contract.
(h) Cost of performance shall be segregated, accumulated and invoiced to the
appropriate ACRN categories to the extent possible. When such segregation of
costs by ACRN is not possible for invoices submitted with CLIN/SLINS with more
than one ACRN, an allocation ratio shall be established in the same ratio as the
obligations cited in the accounting data so that costs are allocated on a
proportional basis.
Alternate I (JUL 1992). as prescribed at 5232.908(b), add the following
paragraph (i) to the basic clause:
(i) When a vendor invoice for a foreign currency is provided as supporting
documentation, the Contractor shall identify the foreign currency and indicate
on the vendor invoice the rate of exchange on the date of payment by the
Contractor. The Contractor shall also attach a copy of the bank draft or other
suitable documents showing the rate of exchange. The contractor shall provide an
English translation if the vendor invoice is written in a foreign language.
(End of Clause)
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(d) In addition to the information identified in the Prompt Payment clause
herein, each invoice shall contain the following information, as
applicable:
(1) Contract line item number (CLIN)
(2) Subline item number (SLIN)
(3) Accounting Classification Reference Number(ACRN)
(4) Payment terms
(5) Procuring activity
(6) Date supplies provided or services performed
(7) Costs incurred and allowable under the contract
(8) Vessel (e.g., ship, submarine or other craft) or system for which
supply/service is provided
(e) A DD FORM 250, "Material Inspection and Receiving Report",
X is required with each invoice submittal.
---
is required only with the final invoice.
---
is not required.
---
(f) A Certificate of Performance
shall be provided with each invoice submittal.
---
X is not required.
---
(g) The Contractor's final invoice shall be identified as such, and shall list
all other invoices (if any) previously tendered under this contract.
(h) Cost of performance shall be segregated, accumulated and invoiced to the
appropriate ACRN categories to the extent possible. When such segregation
of costs by ACRN is not possible for invoices submitted with CLIN/SLINS
with more than one ACRN, an allocation ratio shall be established in the
same ratio as the obligations cited in the accounting data so that costs
are allocated on a proportional basis.
Alternate I (JUL 1992). As prescribed at 5232.908(b), add the following
paragraph (i) to the basic clause:
(i) When a vendor invoice for a foreign currency is provided as supporting
documentation, the Contractor shall identify the foreign currency and
indicate on the vendor invoice the rate of exchange on the date of payment
by the Contractor. The Contractor shall also attach a copy of the bank
draft or other suitable documents showing the rate of exchange. The
contractor shall provide an English translation if the vendor invoice is
written in a foreign language.
(End of Clause)
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PART I - SECTION H
SPECIAL CONTRACT REQUIREMENTS
H-1 INSURANCE REQUIREMENTS (COST PLUS FIXED FEE CONTRACTS ONLY)
In accordance with Section I, FAR 52.228-7 "Insurance - Liability to Third
Persons" (APR 1984) and FAR 28.307-2, insurance of the following kinds, in not
less than the following amounts, must be procured and maintained by the
Contractor throughout the period of performance.
Type of Insurance
-----------------
1) Employer's Liability ......................$100,000.00
Per Coverage Property
Person Per Accident Per Accident
------ ------------ ------------
2) Comprehensive General $500,000.00
Liability
3) Comprehensive Automobile $200,000.00 $500,000.00 $20,000.00
Liability
4) Xxxxxxx'x Compensation
as required by law
H-2 METRIFICATION REQUIREMENTS (5252.210-9708) (DEC 88)
(a) All scientific and technical reports delivered pursuant to the terms
of this contract must identify units of measurement in accordance with the
International System of Units (SI) commonly referred to as the "Metric System".
Conversion to U.S. customary units may also be given where additional clarity is
deemed necessary. Guidance for application of the metric system is contained in
the American Society of Testing Materials document entitled "Standard Practice
for Use of the International Systems of Units (The Modernized Metric System)"
(ASTM Designation E38S89A).
(b) This provision also applies to journal article preprints and reprints
commercially published books or chapters of books, and theses or dissertations
submitted in lieu of a scientific or technical report.
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H-3 TYPE OF CONTRACT
*To be completed at time of award.
H-4 KEY PERSONNEL (5252.237-9705) (DEC 88)
a. The Contractor agrees to assign to the contract tasks those persons
identified below as "key personnel." No substitutions may be made except in
accordance with this clause.
b. The Contractor understands that during the first ninety (90) days of
the contract performance period, no personnel substitutions will be permitted
unless these substitutions are unavoidable because of the incumbent's sudden
illness, death or termination of employment. In any of these events, the
Contractor shall promptly notify the Contracting Officer and provide the
information described in paragraph c. below. After the initial ninety (90) day
period the Contractor must submit to the Contracting Officer all proposed
substitutions, in writing, at least fifteen (15) days in advance (thirty (30)
days if security clearance must be obtained) of any proposed substitution and
provide the information required by paragraph c. below.
c. Any request for substitution must include a detailed explanation of the
circumstances necessitating the proposed substitution, a resume for the proposed
substitute, and any other information requested by the Contracting Officer. Any
proposed substitute must have qualifications equal to or superior to the
qualifications of the incumbent. The Contracting Officer or his authorized
representative will evaluate such requests and promptly notify the Contractor of
his approval or disapproval thereof.
d. In the event that any of the identified key personnel cease to perform
under the contract and the substitute is disapproved, the contract may be
immediately terminated in accordance with the Termination clause of the "General
Provisions."
The following are identified as key personnel:
* TO BE COMPLETED AT AWARD
H-5 OPTION TO EXTEND SERVICES
The Government may require continued performance of any services within the
limits and at the rates stated in the Schedule. The Contracting Officer may
exercise the option by written notice to the Contractor within the period of
performance of the contract.
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H-6 LEVEL OF EFFORT (5252.216-9706) (DEC 88)
(a) The Contractor agrees to provide the total level of effort specified
in next next sentence in performance of the work described in this contract. The
total level of effort for performance of this contract shall be 174,240 for CLIN
0001, 81,600 for CLIN 0003 if exercised, 79,680 for CLIN 0004 if exercised
76,800 for CLIN 0005 if exercised total hours of direct labor, including
subcontractor direct labor for those subcontractors specifically identified in
the Contractor's proposal as having hours included in the proposed level of
effort. A breakdown of labor categories and hours is set forth in paragraph (k)
below.
(b) The level of effort for this contract shall be expended at an average
rate of 7,260 for CLIN 0001, 6,800 for CLIN 0003 if exercised, 6,640 for CLIN
0004 if exercised, 6,400 for CLIN 0005 if exercised hours per month. It is
understood and agreed that the rate of direct labor hours expended each month
may fluctuate in pursuit of the technical objective, provided such fluctuation
does not result in the use of the total hours of effort prior to the expiration
of the term of the contract.
(c) The Contractor is required to notify the Contracting Officer when any
of the following situations occur, or are anticipated to occur: If during any
three consecutive months the monthly average is exceeded by 25% or, at any time
it is forecast that during the last three months of the contract less than 50%
of the monthly average will be used during any given month; or, when 85% of the
total level of effort has been expended.
(d) If, during the term of the contract, the Contractor finds it necessary
to accelerate the expenditure of direct labor to such an extent that the total
hours of effort specified would be used prior to the expiration of the term, the
Contractor shall notify the Contracting Officer in writing setting forth the
acceleration required the probable benefits which would result and an offer to
undertake the acceleration at no increase in the estimated cost or fixed fee
together with an offer setting forth a proposed level of effort, cost breakdown,
and proposed fixed-fee for continuation of the work until expiration of the term
hereof. The offer shall provide that the work proposed will be subject to the
terms and conditions of this contract and any additions or changes required by
then current law, regulations, or directives, and that the offer, with a written
notice of acceptance by the Contracting Officer, shall constitute a binding
contract. The Contractor shall not accelerate any effort until receipt of such
written approval by the Contracting Officer. Any agreement to accelerate will be
formalized by contract modification.
(e) The Contracting Officer may, by written order, direct the Contractor
to accelerate the expenditure of direct labor such that the total labor-hours of
effort specified in paragraph (a) above would be used prior to the expiration of
the term. This order shall specify the acceleration required and the resulting
revised term. The Contractor shall acknowledge this order within five days of
receipt.
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(f) If the total level of effort specified in paragraph (a) above is not
provided by the Contractor during the term of this contract, the Contracting
Officer shall either (i) reduce the fixed fee of this contract as follows:
Fee Reduction =
Fixed Fee x (Required XXX Hours - Expended XXX Hours)
---------------------------------------
Required XXX Hours
or (ii) subject to the provisions of the clause of this contract entitled
"Limitation of Cost," require the Contractor to continue to perform the work
until the total number of hours of direct labor specified in paragraph (a) shall
have been expended at no increase in the fixed fee of this contract.
(g) In the event the government fails to fully fund the contract in a
timely manner, the term of the contract may be extended accordingly with no
change to cost or fee. If the government fails to fully fund the contract, the
fee will be adjusted in direct proportion to that effort which was performed.
(h) Notwithstanding any of the provisions of the above paragraphs, the
Contractor may furnish labor-hours up to five percent in excess of the total
direct labor-hours specified in paragraph (a) above, provided that the
additional effort is furnished within the term hereof, and provided further that
no increase in the estimated cost or fixed-fee is required, and no adjustment in
the fixed-fee shall be made provided that the Contractor has delivered at least
95% of the level of effort required in paragraph (a) above.
(i) It is understood that the mix of labor categories provided by the
Contractor under the contract, as well as the distribution of effort among those
categories, may vary considerably from the initial mix and distribution of
effort which was estimated by the government or proposed by the Contractor.
(j) Nothing herein shall be construed to alter or waive any of the rights
or obligations of either party pursuant to the Clause entitled "Limitation of
Costs" or "Limitation of Funds," either of which incorporated herein applies to
this contract.
(k) The anticipated breakdown by labor category of the total level of
effort is as follows:
SEE ATTACHMENT NO. 3 FOR ESTIMATED XXXXX XX XXXXXX
XXXXXXXXXXXX XX. X00000-00-X-XX00
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H-7 SUBCONTRACTORS/CONSULTANTS
(a) The following subcontractors/consultants have been identified in the
Contractor's proposal as necessary for performance of this contract.
Subcontractor/Consultant Name Time or Unit Estimated Cost
*To Be Inserted at Time of Award if applicable.
(b) The Contracting Officer's consent required by Paragraph (c) of the
contract clause entitled "Subcontracts (Cost-Reimbursement and Letter
Contracts)" is hereby given for the listed subcontracts/consultants unless (i)
they are of the cost-reimbursement, time-and-materials, or labor-hour type and
are estimated to exceed $10,000, including any fee, (ii) are proposed to exceed
S100,000, or (iii) are one of a number of subcontracts with a single
subcontractor, under this contract, for the same or related supplies or services
that, in the aggregate, are expected to exceed $100,000. In such cases consent
shall be requested from the Administrative Contracting Officer.
(c) Any changes to the above list must be authorized by the Administrative
Contracting Officer (ACO).
H-8 REPORT PREPARATION (5252.235-9714) (DEC 88)
Scientific or technical reports prepared by the Contractor and deliverable
under the terms of this contract will be prepared in accordance with format
requirements contained in ANSI Z39.18, "Scientific and Technical Reports:
Organization, Preparation and Production".
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X-0 XXXXXXXXXXXX XX PRINTING (5252.235-9716) (DEC88)
Unless otherwise authorized in writing by the Contracting Officer, reports,
data, or other written material whose production is funded by this contract and
delivered hereunder may only be reproduced by duplicating processes and may not
exceed 5,000 single page reports or a total of 25,000 pages of multiple-page
reports. These restrictions do not preclude the writing, editing, or preparation
of manuscript or reproducible copy of related illustrative materials if required
as a part of this contract, or incidental printing such as forms or materials of
this contract, or incidental printing such as forms or materials necessary for
the contractor to perform in accordance with the terms of the contract. At least
on copy of each technical report submitted to the Defense Technical Information
Center must be black typing, or a reproduction of black on white paper, or
suitable for reproduction by photographic techniques. Reprints of published
technical articles are not within the scope of this paragraph.
H-10 On-site Use of Government Property
This provision is applicable to any portion of the contract performed on-
site at the Naval Research Laboratory, including its field sites.
The Governent will be responsible for all facilities and equipment
required in the performance of the contract on-site at the Naval Research
Laboratory unless stated otherwise elsewhere in the contract. Such facilities
and equipment may be used on a rent-free basis on-site at the Naval Research
Laboratory by contractor personnel in the performance of the contract. The
property shall remain in the possession and control of the Naval Research
Laboratory.
Notwithstanding any other provision of this contract, the unavailability of
such property shall not entitle the contractor to an equitable adjustment of any
terms and conditions of the contract.
H-11 FIRMR 201-39.5202-1 FIRMR Applicability. (OCT 1990)
--------------------------------------------
This solicitation/contract requires the use or delivery of Federal information
processing resources but the agency has determined that FIRMR part 201-39 does
not apply based on the exception set forth in 201-39.101-3(b)(1)(ii)(B).
SOLICITATION NO. N0001494-R-CP05
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PART II - SECTION I
CONTRACT CLAUSES
COST-PLUS-FIXED-FEE - RESEARCH AND DEVELOPMENT
I- 1 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-02)
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.
A. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
CLAUSE NUMBER CLAUSE TITLE
FAR 52.202-01 Definitions (SEP 1991)
FAR 52.203-01 Officials Not to Benefit (APR 1984)
FAR 52.203-03 Gratuities (APR 1984)
FAR 52.203-05 Covenant Against Contingent Fees (APR 1984)
FAR 52.203-07 Anti-Kickback Procedures (OCT 1988)
FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (SEP
1990)
FAR 52.209-06 Protecting the Government's Interest When Subcontracting
with Contractors Debarred, Suspended, or Proposed for
Debarment (NOV 1992)
FAR 52.212-08 Defense Priority and Allocation Requirements (SEP 1990)
FAR 52.212-13 Stop-Work Order (AUG 1989) and Alternate I (APR 1984)
FAR 52.215-01 Examination of Records by Comptroller General (FEB 1993)
FAR 52.215-02 Audit--Negotiation (FEB 1993)
FAR 52.215-27 Termination of Defined Benefit Pension Plans (SEP 1989)
FAR 52.215-30 Facilities Capital Cost of Money (SEP 1987)
FAR 52.215-31 Waiver of Facilities Capital Cost of Money (SEP 1987)
FAR 52.215-33 Order of Precedence (JAN 1986)
FAR 52.216-07 Allowable Cost and Payment (JUL 1991)
FAR 52.216-08 Fixed Fee (APR 1984)
FAR 52.219-08 Utilization of Small Business Concerns and Small
Disadvantaged Business Concerns (FEB 1990)
FAR 52.219-13 Utilization of Women-Owned Small Businesses (AUG 1986)
FAR 52.220-01 Preference for Labor Surplus Area Concerns (APR 1984)
-------------
*WILL BE INCLUDED IF CONTRACTOR DOES NOT PROPOSE FACILITIES CAPITAL COST OF
MONEY
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FAR 52.220-03 Utilization of Labor Surplus Area Concerns (APR 1984)
FAR 52.222-01 Notice to the Government of Labor Disputes (APR 1984)
FAR 52.222-03 Convict Labor (APR 1984)
FAR 52.222-04 Contract Work Hours and Safety Standards Act--Overtime
Compensation (MAR 1986)
FAR 52.222-26 Equal Opportunity (APR 1984)
FAR 52 222-35 Affirmative Action for Special Disabled and Vietnam Era
Veterans (APR 1984)
FAR 52.222-36 Affirmative Action for Handicapped Workers (APR 1984)
FAR 52.222-37 Employment Reports on Special Disabled Veterans and
Veterans of the Vietnam Era (JAN 1988)
FAR 52.223-03 Hazardous Material Identification and Material Safety
Data (NOV 1991)
FAR 52.223-06 Drug-Free Workplace (JUL 1990)
FAR 52.225-11 Restrictions on Certain Foreign Purchases (MAY 1992)
FAR 52.225-14 Inconsistency Between English Version and Translation of
Contract (AUG 1989)
FAR 52.227-01 Authorization and Consent (APR 1984) and Alternate I
(APR 1984)
FAR 52.227-02 Notice and Assistance Regarding Patent and Copyright
Infringement (APR 1984)
**FAR 52.227-11 Patent Rights--Retention by the Contractor (Short Form)
(JUN 1989)
**FAR 52.227-12 Patent Rights--Retention by the Contractor (Long Form)
(JUN 1989)
***FAR 52.228-07 Insurance--Liability to Third Persons (APR 1984)
FAR 52.229-09 Taxes-Cost Reimbursement Contracts with Foreign
Governments (MAR 1990)
FAR 52.230-03 Disclosure and Consistency of Cost Accounting Practices
(AUG 1992)
FAR 52.230-04 Consistency in Cost Accounting Practices (AUG 1992)
FAR 52.230-05 Administration of Cost Accounting Standards (AUG 1992)
FAR 52.232-09 Limitation on Withholding of Payments (APR 1984)
FAR 52.232-17 Interest (JAN 1991)
----------------------
**CLAUSE AT 52.227-11 WILL BE INCLUDED IF THE CONTRACTOR IS A SMALL BUSINESS
CONCERN OR NONPROFIT ORGANIZATION. CLAUSE AT 52.227-12 WILL BE INCLUDED IF THE
CONTRACTOR IS OTHER THAN A SMALL BUSINESS CONCERN OR NONPROFIT ORGANIZATION.
***WILL BE INCLUDED IF CONTRACTOR IS PARTIALLY OR TOTALLY IMMUNE FROM TORT
LIABILITY TO THIRD PERSONS AS A STATE AGENCY OR AS A CHARITABLE INSTITUTION.
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FAR 52.232-18 Availability of Funds (APR 1984)
....FAR 52.232-20 Limitation of Cost (APR 1984)
****FAR 52.232-22 Limitation of Funds (APR 1984)
FAR 52.232-23 Assignment of Claims (JAN 1986)
FAR 52.232-25 Prompt Payment (SEP 1992)
FAR 52.233-01 Disputes (DEC 1991)
FAR 52.233-03 Protest After Award (AUG 1989) and Alternate I (JUN
1985)
FAR 52.237-02 Protection of Government Buildings, Equipment and
Vegetation (APR 1984)
FAR 52.242-01 Notice of Intent to Disallow Costs (APR 1984)
FAR 52.242-02 Production Progress Reports (APR 1991)
FAR 52.242-13 Bankruptcy (APR 1991)
FAR 52.243-02 Changes--Cost-Reimbursement (AUG 1987) and Alternate V
(APR 1984)
FAR 52.243-06 Change Order Accounting (APR 1984)
FAR 52.244-02 Subcontracts (Cost-Reimbursement and Letter Contracts)
(JUL 1985) and Alternate I (APR 1985)
FAR 52.244-05 Competition in Subcontracting (APR 1984)
FAR 52 245-05 Government Property (Cost-Reimbursement Time-and-
Material, or Labor-Hour Contracts) (JAN 1986)
FAR 52.246-09 Inspection of Research and Development (Short Form)
(APR 1984)
FAR 52.246-23 Limitation of Liability (APR 1984)
FAR 52.247-34 F.O.B. Destination (NOV 1991)
FAR 52.247-63 Preference for U.S.-Flag Air Carriers (APR 1984)
FAR 52.249-06 Termination (Cost-Reimbursement) (MAY 1986)
FAR 52.249-14 Excusable Delays (APR 1984)
FAR 52.253-01 Computer Generated Forms (JAN 1991)
b. DEPARTMENT OF DEFENSE FEDERAL ACQUISITION REGULATION CLAUSES
DFARS 252.201-7000 Contracting Officer's Representative (DEC 1991)
DFARS 252.203-7001 Special Prohibition on Employment (APR 1993)
DFARS 252.204-7003 Control of Government Personnel Work Product (APR 1992)
DFARS 252.209-7001 Disclosure of Ownership or Control by a Foreign
Government that Supports Terrorism (APR 1993)
DFARS 252.219-7009 Certificate of Competency (APR 1993)
------------------
****LIMITATION OF COSTS CLAUSE WILL BE APPLICABLE WHEN THE CONTRACT IS
FULLY FUNDED. LIMITATION OF FUNDS CLAUSE WILL BE APPLICABLE WHEN THE CONTRACT
IS INCREMENTALLY FUNDED.
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DFARS 252.223-7001 Hazard Warning Labels (DEC 1991)
DFARS 000 000-0000 Prohibition on Storage and Disposal of Toxic and
Hazardous Materials (APR 1993)
DFARS 252.225-7016 Restriction of Antifriction Bearings (APR 1993)
DFARS 252.231-7000 Supplemental Cost Principles (DEC 1991)
DFARS 252.232-7006 Reduction or Suspension of Contract Payments Upon
Finding of Fraud (AUG 1992)
DFARS 252.242-7001 Certification of Indirect Costs (DEC 1991)
DFARS 252.242-7002 Submission of Commercial Freight Bills for Audit (DEC
1991)
DFARS 252.242-7004 Material Management and Accounting System (DEC 1991)
DFARS 252.243-7001 Pricing of Contract Modification (DEC 1991)
DFARS 252.246-7000 Material Inspection and Receiving Report (DEC 1991)
c. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
FAR 52.204-02 Security Requirements (APR 1984)
FAR 52.227-10 Filing of Patent Applications--Classified Subject
Matter (APR 1984)
d. DEPARTMENT OF DEFENSE FAR SUPPLEMENT (DFARS) (48 CFR CHAPTER 2)
DFARS 252.209-7002 Disclosure of Ownership or Control by a Foreign
Government (APR 1993)
e. DEPARTMENT OF DEFENSE FAR SUPPLEMENT (DFARS) (48 CFR CHAPTER 2)
DFARS 252.225-7001 BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM (DEC
1991)
f. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
FAR 52.203-12 Limitation on Payments to Influence Certain Federal
Transactions (JAN 1990)
g. DEPARTMENT OF DEFENSE FAR SUPPLEMENT (DFARS) (48 CFR 2)
DFARS 252.227-7013 Rights in Technical Data and Computer Software (OCT
1988)
DFARS 252.227-7018 Restrictive Markings on Technical Data (OCT 1988)
DFARS 252.227-7029 Identification of Technical Data (APR 1988)
DFARS 252.227-7030 Technical Data--Withholding of Payment (OCT 1988)
DFARS 252.227-7031 Data Requirements (OCT 1988)
DFARS 252.227-7032 Rights in Technical Data and Computer Software
(Foreign) (JUN 1975)
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DFARS 252.227-7034 Patents--Subcontracts (APR 1984)
DFARS 252.227-7036 Certification of Technical Data Conformity (MAY 1987)
DFARS 252.227-7037 Validation of Restrictive Markings on Technical Data
(APR 1988)
..... DFARS 252.227-7039 Patents--Reporting of Subject Inventions (APR 1990)
h. FEDERAL ACQUISITION REGULATION (48CFR CHAPTER 1)
FAR 52.222-02 Payment for Overtime Premiums "0" (JUL 1990)
FAR 52.223-02 Clean Air and Water (APR 1984)
FAR 52.230-05 Administration of Cost Accounting Standards (AUG
1992)
FAR 52.246-24 Limitation of Liability--High Value Items (APR 1984)
i. DEPARTMENT OF DEFENSE FAR SUPPLEMENT (DFARS) (48 CHAPTER 2)
DFARS 252.203-7000 Statutory Prohibition on Compensation to Former DoD
Employees (DEC 1991)
DFARS 252.215-7001 Availability of Contractor Records (DEC 1991)
DFARS 252.215-7002 Cost Estimating System Requirements (DEC 1991)
DFARS 252.231-7001 Penalties for Unallowable Costs (APR 1993)
DFARS 252.233-7000 Certification of Claims and Requests for Adjustment
or Relief (APR 1993)
j. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
......FAR 52.215-22 Price Reduction for Defective Cost or Pricing Data
(JAN 1991)
******FAR 52.215-24 Subcontractor Cost or Pricing Data (DEC 1991)
FAR 52.219-09 Small Business and Small Disadvantaged Business
Subcontracting Plan (JAN 1991) and Alternate 1 (AUG
1989)
FAR 52.220-04 Labor Surplus Area Subcontracting Program (APR 1984)
FAR 52.226-1 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises (AUG 1991)
FAR 52.219-16 Liquidated Damages - Small Business Subcontracting
Plan (AUG 1989)
k. DEPARTMENT OF DEFENSE FAR SUPPLEMENT (DFARS) (48 CFR CHAPTER 2)
DFARS 252.203-7003 Prohibition Against Retaliatory Personnel Actions
(APR 1992)
DFARS 252.205-7000 Provision of Information to Cooperative Agreement
Holders (DEC 1991)
------------------------
*****WILL BE INCLUDED IF CLAUSE AT 52.227-11 IS INCLUDED IN CONTRACT.
******WILL BE INCLUDED WHEN CERTIFIED COST AND PRICING DATA ARE REQUIRED.
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....**DFARS 252.215-7000 Pricing Adjustments (DEC 1991)
DFARS 252.225-7026 Reporting of Contract Performance Outside the United
States (APR 1993)
l. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
FAR 52.222-28 Equal Opportunity Preaward Clearance of Subcontracts
(APR 1984)
m. DEPARTMENT OF DEFENSE FAR SUPPLEMENT (DFARS) (48 CHAPTER 2)
DFARS 252.203-7002 Display of DoD Hotline Poster (DEC 1991)
DFARS 252.249-7001 Notification of Substantial Impact on Employment (DEC
1991)
o. DEPARTMENT OF DEFENSE FAR SUPPLEMENT (48 CFR CHAPTER 2)
DFARS 252.223-7004 Drug-Free Work Force (Sep 1988)
p. DEPARTMENT OF DEFENSE FAR SUPPLEMENT (48 CFR CHAPTER 2)
DFARS 252.249-7001 Notification of Substantial Impact on Employment (DEC
1991)
q. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
FAR 52.215-39 Reversion or Adjustment of Plans For Postretirement
Benefits Other Than Pensions (PRB) (JUL 1991)
I-2 ADDITIONAL APPLICABLE CLAUSES:
a. REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY-MODIFICATION
(NOV 1990) (52.203-9)
(a) Definitions. The definitions set forth in FAR 3.104-4 are hereby
incorporated in this clause.
(b) The Contractor agrees that it will execute the certification set forth
in paragraph (c) of this clause when requested by the Contracting Officer in
connection with the execution of any modification of this contract.
(c) Certification. As required in paragraph (b) of this clause, the
officer or employee responsible for the modification proposal shall execute the
following certification:
---------------------
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CERTIFICATE OF PROCUREMENT INTEGRITY
MODIFICATION (NOV 1990)
(1) I, [Name of certifier] am the officer or employee responsible for
the preparation of this modification proposal and hereby certify that, to the
best of my knowledge and belief, with the exception of any information described
in this certification, I have no information concerning a violation or possible
violation of subsection 27(a), (b), (d) or (f) of the Office of Federal
Procurement Policy Act, as amended* (41 U.S.C.423), (hereinafter referred to as
"the Act"), as implemented in the FAR, occurring during the conduct of this
procurement (contract and modification number).
(2) As required by subsection 27(e)(1)(B) of the Act, I further
certify that to the best of my knowledge and belief, each officer, employee,
agent, representative, and consultant of [Name of Offeror] who has participated
personally and substantially in the preparation or submission of this proposal
has certified that he or she is familiar with and will comply with, the
requirements of subsection 27(a) of the Act, as implemented in the FAR, and will
report immediately to me any information concerning a violation or possible
violation of subsections 27(a), (d), or (f) of the Act as implemented in the
FAR, pertaining to this procurement.
(3) Violations or possible violations: (Continue on plain bond paper
if necessary and label Certificate of Procurement Integrity-Modification
(Continuation Sheet), ENTER "NONE" IF NONE EXISTS) "NONE"
--------
---------------------------
[Signature of the officer or employee responsible for the modification proposal
and date]
/s/ Xxx X. Xxxxxxx Secretary/Treasurer 10-24-94
[Type name of the officer or employee responsible for the modification proposal]
Xxx X. Xxxxxxx
* Subsections 27 (a), (b), and (d) are effective on December 1, 1990. Subsection
27(f) is effective on June 1991.
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 XXXXX 00, XXXXXX XXXXXX CODE,
SECTION 1001.
(End of certification)
(d) In making the certification in paragraph (2) of the certificate, the
officer or employee of the competing Contractor responsible for the offer or
bid, may rely upon a one-time certification from each individual required to
submit a certification to the competing Contractor, supplemented by periodic
training. These certifications shall be obtained at the earliest possible date
after an individual required to certify begins employment or association with
the contractor. If a contractor decides to rely on a certification executed
prior to the suspension of section 27 (i.e., December 1, 1989), the Contractor
shall ensure that an individual who has so certified is notified that section 27
has been reinstated. These certifications shall be maintained by the Contractor
for a period of 6 years from the
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date a certifying employee's employment with the company ends or, for an agency,
representative, or consultant, 6 years from the date such individual ceases to
act on behalf of the contractor.
(e) The certification required by paragraph (c) of this clause is material
representation of fact upon which reliance will be placed in executing this
modification.
c. TRANSPORTATION OF SUPPLIES BY SEA (DEC 1991) (DFARS 252.247-7023)
(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.
(6) "Supplies" means all property, except land and interests in land, that
is readily identifiable for eventual use by 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, together with parts,
subassemblies, accessories, and equipment; machine tools,
material, equipment, and stores of all kinds; end items,
construction materials and the components of the foregoing.
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(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 United States-flag vessels, and no others, in
the transportation by sea of any supplies to be furnished in the
performance of its 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 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 forty-five (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 failure of the appropriate official 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 a 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 contract (with names and telephone
numbers) with at least two (2) U.S.-flag carriers contacted.
Copies of telephone notes, telegraphic and facsimile messages or
letters will be sufficient for this purpose.
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(d) The Contractor shall, within thirty (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;
(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 United States-flag vessels were
used for all ocean shipments under the contract;
(3) Ocean transportation was used, and to the extent any non-U.S.-flag
vessel were used, 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:
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ITEM CONTRACT
DESCRIPTION LINE ITEMS QUANTITY
----------- ---------- --------
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 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.
(End of clause)
***d. NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (DEC 1991)
(DFARS 252.247-7024)
(a) The Contractor has indicated by the response to the solicitation
provision at 252.247-7022, Representation of Extent of Transportation of
Supplies by Sea, that it did not anticipate transporting by sea any supplies of
this contract. If however, after the award of this contract, the Contractor
should learn that supplies will be transported by sea, the Contractor shall
notify the Contracting Officer of the fact that transportation by sea will be
used and hereby agrees to comply with all the terms and conditions of the clause
at 252.247-7023, entitled "Transportation of Supplies by Sea", contained in this
contract.
(b) The Contractor shall include this clause, including this paragraph (b),
revised as necessary to reflect the relationship of the contracting parties, in
all subcontracts hereunder.
(End of clause)
----------------
*****will be included if contractor's response indicated it did not anticipate
transporting by sea any supplies of this contract.
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PART III - SECTION J
LIST OF ATTACHMENTS
X-x EXHIBIT A - DD Form 1423, Contract Data Requirements - 21 pages
X-0 XXXXXXXXXX XX. 0 - Xxxxxxxxx of Work - 40 pages
J-3 ATTACHMENT NO. 2 - DD 254, Contract Security Classification Specification
form Ser 047-94, dated 940428, page/s 2.
J-4 ATTACHMENT XX. 0 - Xxxxxxxxx xxxxx xx xxxxxx - 00 pages
