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AWARD/CONTRACT 1. THIS CONTRACT IS A RATED ORDER Rating PAGE OF
UNDER DPAS (16 CFR 350) > DO:C-9 1 32
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2. CONTRACT (Proc inst Ident) NO
MDA972- 02-C-0013
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3. EFFECTIVE DATE
SEE BLOCK 20C
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4. REQUISITION/PURCHASE REQUEST/PROJECT NO
DARPA Order No. M489/00/01/02
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5. ISSUED BY CODE | HR0011
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Defense Advanced Research Projects Agency (DARPA)
Contracts Management Office (CMO)
0000 X. Xxxxxxx Xxxxx
Xxxxxxxxx, XX 00000-0000
Attn: XXXXXX X. XXXXXXX (000) 000-0000
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6. ADMINISTERED BY (if other than item 5) CODE | S1002A
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DCM ORLANDO
0000 XXXXXXX XXXX.
XXXXXXX, XX 00000-0000
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7. NAME AND ADDRESS OF CONTRACT (No, street, city, county, state and ZIP Code)
INFINITE PHOTONICS, INCORPORATED
00000 XXXXXXXX XXXXXXX
XXXXX 000, XXXX 000
XXXXXXX, XX 00000
DUNS No. 000000000
TIN 00-0000000
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8. DELIVERY
|_| FOB ORIGIN |X| OTHER (See Below)
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9. DISCOUNT FOR PROMPT PAYMENT
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10. SUBMIT INVOICES ITEM
(4 copies unless otherwise specified) > See G-4
TO THE ADDRESS SHOWN IN
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11. SHIP TO/XXXX FOR CODE | HR0011
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DEFENSE ADVANCED RESEARCH PROJECTS AGANCY
ATTN. XX XXXXXX X XXXX
0000 XXXXX XXXXXXX XXXXX
XXXXXXXXX XX 00000-0000
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12. PAYMENT WILL BE MADE BY CODE | HQ0338
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DFAS-COLUMBUS CENTER
DFAS-CO/SOUTH ENTITLEMENT OPERATIONS
X.X. XXX 000000
XXXXXXXX XX 00000-0000
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13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION
|X| 10 U S C 2304(c) ( ) |_| 41 U S C 253(C) ( )
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14. ACCOUNTING AND APPROPRIATION DATA
SEE SECTION G-6
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15.A. ITEM | 15B. SUPPLIES | 15C. QUANTITY | 15D. UNIT | 15E. UNIT | 15.F AMOUNT
NO /SERVICES PRICE
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SEE PAGE 2
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15G. TOTAL AMOUNT OF CONTRACT > $ 12,042,760.00
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16. TABLE OF CONTENTS
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(x) | SEC| DESCRIPTION | PAGE(S)
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PART I - THE SCHEDULE
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X | A SOLICITAION/ CONTRACT FORM | 1
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X | B SUPPLIES OR SERVICES AND PRICES/COSTS | 2
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X | C DESCRIPTION/SPEC/WORK STATEMENT | 2-6
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X | D PACKAGING AND MARKING | 6
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X | E INSPECTION AND ACCEPTANCE | 6
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X | F DELIVERIES OR PERFORMANCE | 6-8
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X | G CONTRACT ADMINISTRATION DATA | 8-10
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X | H SPECIAL CONTRACT REQUIREMENTS | 10-14
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PART II - CONTRACT CLAUSES
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X | I CONTRACT CLAUSES | 15-32
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PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
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X | J LIST OF ATTACHMENTS | 32
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PART IV - REPRESENTATIONS AND INSTRUCTIONS
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X | K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS | 32
OF OFFERORS |
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X | L INSTRS, CONDS, AND NOTICES TO OFFERORS |
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X | 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| CONTRACTORS NEGOTIATED AGREEMENT (Contractor is required to sign this
document and return 2 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 obligation 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
(Attachment are listed herein.)
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18. |_| AWARD (Contractor is not required to sign this Document) Your offer on
Solicitation Number ________________________ including the additions or
changes made by you which additions or changes are set forth in full above, is
hereby accepted as, to the item 5 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 necessary
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19A. NAME AND TITLE OF SIGNER (Type or print)
Xxxxx X. Xxxxxxx, Chief Financial Officer
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19B. NAME OF CONTRACTOR 19C. DATE SIGNED
BY /s/ Xxxxx X. Xxxxxxx 1/17/02
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(Signature of person authorized to sign
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20A. NAME OF CONTRACTOR OFFICER
XXXXXX X. XXXXXXX
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20B. XXXXXX XXXXXX XX XXXXXXX 00X. DATE SIGNED
BY /s/ Xxxxxx X. Xxxxxxx 1/23/02
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(Signature of Contracting Officer)
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NSN 7540-01152-8069 STANDARD FORM 26 (REV. 4-85)
Previous edition in unusable Prescribed by GSA-FAR (48 CFR) 53 214(s)
CONTRACT MDA972-02-C-0013
SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS
B-1 Services and Costs
TOTAL
ITEM TOTAL EST. FIXED COST PLUS
NUMBER SUPPLIES OR SERVICES COST FEE FIXED FEE
0001 The Contractor shall develop and
demonstrate the feasibility of a
diode based ultra-short pulse laser
concept in accordance with
Section C-1 $11,286,560 $756,200 $12,042,760
0002 Reports and Data in accordance *NSP *NSP *NSP
with Section C-2
TOTAL CONTRACT CONSIDERATION $11,286,560 $756,200 $12,042,760
(CLINS 0001, 0002 only)
*NSP = Not Separately Priced
B-2 Allotment of Funds
(a) For the purposes of paragraph (b) of the "Limitation of Funds" clause
of this contract:
(1) the amount available for payment and allotted to this
incrementally funded contract is $500,000;
(2) the items provided by such amount are Items 0001 and 0002; and
(3) the period of performance for which it is estimated that such
amount will provide is through April 30, 2002.
SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
C-1 Scope of Work - Basic Contact
(a) The Contractor shall furnish the necessary personnel, materials,
facilities and other services as may be required to perform Contract Line Item
Numbers (CLINs) 0001 and 0002 in accordance with the Statement of Work,
Attachment 1 hereto, and as specified in the Contractor's Proposal entitled
"Semiconductor Ultra-Short Pulse Laser Technology", dated
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CONTRACT MDA972-02-C-0013
October 21, 2001, revised cost proposal dated November 1, 2001 and November
26,2001 copies of which are in the possession of both parties.
(b) In the event of an inconsistency between the provisions of this
contract and the Contractor's proposal, the inconsistency shall be resolved by
giving precedence in the following order: (1) the contract; (2) other
attachments to the contract, and (3) the technical proposal.
C-2 Reports and Other Deliverables
(a) The Contractor shall submit the following reports and other deliverables in
accordance with the delivery schedule set forth in Section F.
1. 0002AA - R&D STATUS REPORT
This brief narrative, not to exceed three (3) pages in length and
contain the following:
o For first report only: the date work actually started.
o Description of progress during the reporting period, supported
by reasons for any change in approach reported previously.
o Planned activities and milestones for the next reporting
period.
o Description of any major items of experimental or special
equipment purchased or constructed during the reporting
period.
o Notification of any changes in key personnel associated with
the contract during the reporting period.
o Summary of substantive information derived from noteworthy
trips, meetings, and special conferences held in connection
with the contract during the reporting period.
o Summary of all problems or areas of concern.
o Related accomplishments since last report.
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CONTRACT MDA972-02-C-0013
2. 0002AB - FINANCIAL REPORT
This fiscal report shall include a reporting of summary level
financial data as follows:
FINANCIAL REPORT
PROGRAM FINANCIAL STATUS
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WORK BREAKDOWN CUMULATIVE TO DATE AT COMPLETION
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STRUCTURE OR
REMARKS PLANNED ACTUAL % BAC* LRE**
TASK ELEMENT EXPEND EXPEND COMPL
________________________________________________________________________________
Subtotal________________________________________________________________________
Management Reserve
or______________________________________________________________________________
Unallocated Resources___________________________________________________________
TOTAL___________________________________________________________________________
* Budget At Completion (BAC) changes only with the amount if any scope changes
(not affected by underrun/overrun)
** Latest Revised Estimate (LRE)
Based on currently authorized work:
(1) Is current funding sufficient for the current FY? Yes/No
(Explain in narrative if "No")
(2) What is the next Fiscal Year's funding requirement $_______K
at current anticipated levels?
(3) Have you included in the report narrative any Yes/No
explanation of the above data and are they cross
referenced?
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CONTRACT MDA972-02-C-0013
3. 0002AC - FINAL TECHNICAL REPORT.
(a) This report, prepared in accordance with DATA Item DI-MISC-80711,
shall document the results of the complete effort. The title page shall include
a disclaimer worded substantially as follows:
"Any opinions, findings and conclusions or recommendations expressed
in this material are those of the author(s) and should not be interpreted as
representing the official policies, either expressly or implied, of the Defense
Advanced Research Projects Agency or the U.S. Government."
The Final Technical Report summary shall include:
Task Objectives
Technical Problems
General Methodology (i.e., literature review,
laboratory experiments, surveys, etc.)
Technical Results
Important Findings and Conclusions
Significant Hardware/Software Development
Special Comments
Implications for Further Research
Standard Form 298, Report Documentation Page
(b) Reports delivered by the Contractor in the performance of the contract
shall be considered "Technical Data" as defined in the Section I contract
clauses entitled "Rights in Technical Data - Noncommercial Items" and "Rights in
Noncommercial Computer Software and Noncommercial Computer Software
Documentation."
(c) Bulky reports shall be mailed by other than first-class mail unless
the urgency of submission requires use of first-class mail. In this situation,
one copy shall be mailed first-class and the remaining copies forwarded by less
than first-class.
(d) All papers and articles published as a result of DARPA sponsored
research shall include a statement reflecting that sponsorship. In addition, a
bibliography of the titles and authors of all such papers are to be included in
the Final Technical Report.
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CONTRACT MDA972-02-C-0013
(e) The cover or title page of each of the above reports or publications
prepared, will have the following citation:
This material is based upon work supported by the
Defense Advanced Research Projects Agency
Defense Sciences Office
DARPA Order No. M489
(Effort/Program Title)
Issued by DARPA/CMO under Contract #MDA972-02-C-0013
(f) All technical reports must (1) be prepared in accordance with American
National Standards Institute (ANSI) Standard Z39.18, (2) include a Standard Form
298, and (3) be marked with an appropriate Distribution Statement.
SECTION D PACKAGING AND MARKING
D-1 Packaging and Marking
Material must be packaged in accordance with best domestic commercial
practices to assure safe delivery to the Defense Advanced Research Projects
Agency (DARPA), or any other delivery point specified in the contract. The
contractor shall xxxx all shipments under this contract in accordance with the
edition of ASTM-D-3951-88 "Standard Practice for Commercial Packaging" in effect
on the date of this contract.
SECTION E INSPECTION AND ACCEPTANCE
E-1 Inspection and Acceptance at Destination
Inspection and acceptance of the supplies or services to be furnished
hereunder shall be made at destination by the receiving activity.
SECTION F DELIVERIES OR PERFORMANCE
F-1 Term of Contract
(a) The term of the contract commences on the effective date and continues
through twenty-four (24) months thereafter.
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CONTRACT MDA972-02-C-0013
F-2 Reports and Other Deliverables
Delivery of all reports and other deliverables shall be made to the
addressee specified in Article F-3 in accordance with the following:
Item No. Description Due Date (on or before)
Months After Commencement (MAC)
0002AA R&D Status Report Quarterly, commencing
3 MAC
0002AB Financial Report Quarterly, commencing
3 MAC
0002AC Final Technical Report Upon expiration of contract
(see article F-1)
F-3 Report Distribution:
(1) DARPA/DSO
Attn: Xx. Xxxxxx X. Xxxx
0000 Xxxxx Xxxxxxx Xxxxx
Xxxxxxxxx, XX 00000-0000
Email: xxxxx@xxxxx.xxx
(One copy of each report)
(2) DARPA/DSO
Attn: Xx. Xxxx Xxxxx
0000 Xxxxx Xxxxxxx Xxxxx
Xxxxxxxxx, XX 00000-0000
Email: DSO XXXX@xxxxx.xxx
(One copy of 0002AA)
(3) DARPA/ASBD Library
0000 Xxxxx Xxxxxxx Xxxxx
Xxxxxxxxx, XX 00000-0000
Email: xxxxxxx@xxxxx.xxx
(One copy of the Final Technical Report)
(4) Defense Technical Information Center
(i) Email: XX@xxxx.xxx
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CONTRACT MDA972-02-C-0013
(One electronic copy of the Final Technical Report, if unclassified
and approved for public release)
OR
(ii) ATTN.: DTIC-BCS
8725 Xxxx X. Xxxxxxx Xxxx
Xxxxx 0000
Xxxx Xxxxxxx, XX 00000-0000
(Two hard copies of the Final Technical Report if not unclassified
and approved for public release)
F-4 Notice Regarding Late Delivery
In the event the Contractor anticipates difficulty in complying with the
contract delivery schedule, the Contractor shall immediately notify the
Contracting Officer in writing, giving pertinent details, including the date by
which it expects to make delivery; PROVIDED, however, that this date shall be
informational only in character and the receipt thereof shall not be construed
as a waiver by the Government of any contract delivery schedule, or any rights
or remedies provided by law or under this contract.
SECTION G CONTRACT ADMINISTRATION DATA
G-1 Procuring Office Representative
The Procuring Office Representative for this procurement is: Xx. Xxxxxx X.
Xxxxxxx, DARPA/CMO, 0000 Xxxxx Xxxxxxx Xxxxx, Xxxxxxxxx, XX 00000-0000,
telephone (000) 000-0000.
G-2 Delegation Of Authority For Contract Administration
Defense Contract Management Orlando, as specified in Block 6 of the Face
Page (SF26) of this contract is hereby designated as the Contracting Officer's
authorized representative for administering this contract in accordance with
current directives; however, technical cognizance is retained by DARPA because
of the technical nature of the work.
G-3 Delegation Of Authority For Property Administration
Supporting Property Administration shall be provided by the cognizant
Property Administrator in the Defense Contract Management Command.
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CONTRACT MDA972-02-C-0013
G-4 Vouchers
Vouchers identified by contract number, with supporting statements, shall
be submitted for review and provisional approval to the cognizant audit agency
listed below:
Defense Contract Audit Agency
Orlando Resident Xxxxxx
0000 Xxxxxxx Xxxx.
Xxxxxxx, XX 00000
G-5 Payment of Cost and Fee
As consideration for the proper performance of work required under this
contract, the Contractor shall be paid as follows:
(a) Costs, as provided for under the Section I contract clause entitled
"Allowable Cost and Payment" not to exceed the amount set forth as "Total
Estimated Cost" in Section B, and subject further to those Section I clauses
entitled "Limitation of Cost" or "Limitation of Funds".
(b) A fixed fee in the amount set forth as "Fixed Fee" in Section B, in
accordance with the Section I contract clause entitled "Fixed Fee". The
Contractor may xxxx on each invoice the amount of the fixed fee bearing the same
percentage to the total fixed fee as the amount of cost billed bears to the
total estimated cost.
(c) The payment office shall liquidate funds on a first in/first out
basis.
G-6 Accounting And Appropriation Data
ACRN:
AA 9710400 1320 M489 P1G10 2525 DPAC 1 5506 S12123 $500,000
G-7 Payment Instructions for Multiple Accounting Classification Citations
Payments under contract line items funded by multiple accounting
classification citations shall be made from the earliest available fiscal year
funding sources. The earliest assigned ACRN must be fully disbursed before
making disbursements from a succeeding ACRN.
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CONTRACT MDA972-02-C-0013
G-8 Electronic Funds Transfer Payment Methods
Payments under this contract will be made by electronic funds transfer in
accordance with the following contractor-provided information:
Financial Institution: Bank Rhode Island
Financial Institution Address: 000 Xxxxxx Xxxx
Xxxxxxxxxx, XX 00000
Account Number:
ABA / Routing Number: 000000000
Contractor's Contact Person (Name/Phone): Xxxxx Xxxxxxx (000) 000-0000,
ext 12
SECTION H SPECIAL CONTRACT REQUIREMENTS
H-1 Type of Contract
This is cost-plus-fixed-fee contract.
H-2 Contracting Officer
Notwithstanding any other provision of this contract, the Contracting
Officer is the only individual authorized to redirect the effort or in any way
amend or modify any of the terms of this contract.
H-3 Contracting Officer's Representative (COR)
(a) Performance of work under this contract shall be subject to the
technical direction of Xx. Xxxxxx X. Xxxx, DARPA/DSO, telephone (000) 000-0000,
fax (000) 000-0000, email: xxxxx@xxxxx.xxx. Such technical direction includes
those instructions to the Contractor necessary to accomplish the Statement of
Work.
(b) Technical direction shall not include any direction which:
(1) Constitutes additional work outside the scope of work;
(2) Constitutes a change as defined in the Section I contract clause
entitled "Changes";
(3) In any manner causes an increase or decrease in the total
estimated cost or the time required for contract performance; or
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CONTRACT MDA972-02-C-0013
(4) Changes any of the stated terms, conditions, or specifications
of the contract.
H-4 Dissemination of Information
(a) There shall be no dissemination or publication, except within and
between the Contractor and any subcontractors, of information developed under
this contract or contained in the reports to be furnished pursuant to this
contract without prior written approval of the COR. All technical reports will
be given proper review by appropriate authority to determine which Distribution
Statement is to be applied prior to the initial distribution of these reports by
the Contractor. Papers resulting from unclassified contracted fundamental
research are exempt from prepublication controls and this review requirement,
pursuant to DoD Instruction 5230.27, Page 2, Section 3.1 and 4.3, dated October
6, 1987.
(b) When submitting material for clearance for open publication, the
Contractor must furnish DARPA/AD (Technical Information Officer), 0000 Xxxxx
Xxxxxxx Xxxxx, Xxxxxxxxx, XX 00000-0000, telephone (000) 000-0000, with five
copies and allow four weeks for processing. Viewgraph presentations must be
accompanied by a written text. Whenever a paper is to be presented at a meeting,
the Contractor must indicate the exact dates of the meeting or the Contractor's
date deadline for submitting the material.
H-5 Invention Disclosure and Reports
The Contractor shall submit all invention disclosures and reports required
by the Patent rights clause of this contract to the Administrating Contracting
Officer (ACO).
H-6 Key Personnel
(a) The Contractor shall notify the Contracting Officer prior to making
any change in key personnel. Key personnel are defined as follows:
(1) Personnel identified in the proposal as key individuals to be
assigned for participation in the performance of the contract;
(2) Personnel whose resumes were submitted with the proposal; or
(3) Individuals who are designated as key personnel by agreement of
the Government and the Contractor during negotiations.
(b) The Contractor must demonstrate that the qualifications of the
prospective personnel are equal to or better than the qualifications of the
personnel being replaced. Notwithstanding any of the foregoing provisions, key
personnel shall be furnished unless the Contractor has demonstrated to the
satisfaction of the COR that the qualifications of the proposed substitute
personnel are equal to or better than the qualifications of the personnel being
replaced.
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CONTRACT MDA972-02-C-0013
H-7 Restrictions on Printing
Unless otherwise authorized in writing by the Contracting Officer,
reports, data, or other written material produced using funds provided by this
contract and submitted hereunder shall be reproduced only by duplicating
processes and shall not exceed 5,000 single page reports or a total of 25,000
pages of a multiple-page report. These restrictions do not preclude the writing,
editing, 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 necessary to be used by the Contractor to respond to the
terms of the contract.
H-8 Consultants
(a) The Contractor is authorized to use the following consultants to the
extent indicated:
No consultants are authorized for this contract.
(b) Approval must be obtained from the Administrative Contracting Officer
to increase the use of consultants from the level estimated in subparagraph (a).
H-9 Consent to Subcontract
(a) The Government hereby consents to the following subcontractors and
estimated costs as identified in the Contractor's proposal as necessary for
performance of this contract:
List of Subcontractors Total Estimated Cost
---------------------- --------------------
Sciperio $1,173,603
University of Central Florida (CREOL) $2,071,555
Industrial Microphotonics Company $ 990,000
Mesoscribe Technologies $ 272,557
Xxxx Technologies $ 665,997
Novatron $1,401,914
(b) Incorporation of the subcontractor listing into the contract
constitutes the written consent of the Contracting Officer required by paragraph
(c) of the clause at FAR 52.244-02, Subcontracts (Cost-Reimbursement and Letter
Contracts), incorporated into the contract in Section I.
(c) Any changes to the above list must be authorized by the Administrative
Contracting Officer.
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CONTRACT MDA972-02-C-0013
H-10 Proprietary Technical Data and Computer Software
Any deliverable technical data or computer software developed or generated
at private expense and considered to be proprietary by the Contractor or
subcontractors shall be delivered in accordance with DFARS 252.227-7013 and
DFARS 252.227-7014.
H-11 Insurance Schedule
The Contractor shall maintain the types of insurance listed in FAR
28.307-2(a), (b) and (c), with the minimum amounts of liability indicated
therein. The types of insurance and coverage listed in paragraph (d) and (e)
shall also be maintained when applicable.
H-12 Travel
(a) Reimbursement for travel-related expenses shall be in accordance with
the Contractor's approved travel policy. The Federal Travel Regulations, Joint
Travel Regulations (JTR), and Standardized Regulations as stated in FAR
31.205-46 will be used as a guide in determining reasonableness of per diem
costs. Costs for travel shall be allowable subject to the provisions of FAR
31.205-46.
(b) In connection with direct charge to the contract of travel-related
expenses, the Contractor shall hold travel to the minimum required to meet the
objectives of the contract, and substantial deviations from the amount of travel
agreed to during contract negotiation shall not be made without the
authorization of the Contracting Officer. When applicable, the Contractor shall
notify the COR of proposed travel of an employee beyond that agreed to during
negotiations.
(c) Approval of the Contracting Officer shall be obtained in advance for
attendance by personnel at training courses, seminars, and other meetings not
directly related to contract performance if the costs for the courses, seminars,
and other meetings are charged to the contract.
(d) All foreign travel shall be authorized and approved in advance, in
writing, by the Contracting Officer. Request for such travel must be submitted
to the Contracting Officer at least forty-five (45) days in advance of
traveler's anticipated departure date, and shall include traveler's itinerary of
United States Flag Air Carriers.
H-13 Metric System
(a) The Defense Advanced Research Projects Agency (DARPA) will consider
the use of the metric system in all of its activities consistent with
operational, economical, technical, and safety requirements.
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CONTRACT MDA972-02-C-0013
(b) The metric system will be considered for use in all new designs. When
it is deemed not to be in the best interest of the DoD to provide metric design,
justification shall be provided.
(c) Physical and operational interfaces between metric items and U.S.
customary items will be designed to assure that interchangeability and
interoperability will not be affected.
(d) Existing designs dimensioned in U.S. customary units will be converted
to metric units only if determined to be necessary or advantageous. Unnecessary
retrofit of existing systems with new metric components will be avoided where
both the new metric and existing units are interchangeable and interoperable.
Normally, the system of measurement in which an item is originally designed will
be retained for the life of the item.
(e) During the metric transition phase hybrid metric and U.S. customary
designs will be necessary and acceptable. Material components, parts,
subassemblies, and semifabricated materials, which are of commercial design will
be specified in metric units only when economically available and technically
adequate or when it is otherwise specifically determined to be in the best
interest of the Department of Defense. Bulk materials will be specified and
accepted in metric units when it is expedient or economic to do so.
(f) Technical reports, studies, and position papers (except those
pertaining to items dimensioned in U. S. customary units) will include metric
units of measurement in addition to or in lieu of U. S. customary units. With
respect to existing contracts, this requirement applies only if such
documentation can be obtained without an increase in contract costs.
(g) Use of the dual dimensions (i.e., both metric and U. S. customary
dimensions) on drawings will be avoided unless it is determined in specific
instances that such usage will be beneficial. However, the use of tables on the
document to translate dimensions from one system of measurement to the other is
acceptable.
H-14 Precontract Costs
The extent of allowability of costs incurred by the Contractor prior to
the effective date of the contract shall be governed by the advance agreement
retained in the contract file and is hereby incorporated by reference.
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CONTRACT MDA972-02-C-0013
SECTION I CONTRACT CLAUSES
(a) FAR 52.252-02 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force
and effect as if they were given in full text. Upon request, the Contracting
Officer will make their full text available. Also, the full text of a clause may
be accessed electronically at this/these address(es): xxx.xxxxx.xxx
I. FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES:
FAR 52.202-01 Definitions (MAY 2001)
FAR 52.203-03 Gratuities (APR 1984)
FAR 52.203-05 Covenant Against Contingent Fees (APR 1984)
FAR 52.203-06 Restrictions on Subcontractor Sales to the Government
(JUL 1995)
FAR 52.203-07 Anti-Kickback Procedures (JUL 1995)
FAR 52.203-08 Cancellation, Rescission, and Recovery of Funds for
Illegal or Improper Activity (JAN 1997)
FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper
Activity (JAN 1997)
FAR 52.203-12 Limitation on Payments to Influence Certain Federal
Transactions (JUNE 1997)
FAR 52.204-04 Printing or Copied Double-Sided on Recycled Paper
(AUG 2000)
FAR 52.209-06 Protecting the Government's Interest When
Subcontracting with Contractors Debarred,
Suspended, or Proposed for Debarment (JUL 1995)
FAR 52.211-15 Defense Priority and Allocation Requirement (SEP 1990)
FAR 52.215-02 Audit and Records--Negotiation (JUNE 1999)
FAR 52.215-08 Order of Precedence--Uniform Contract Format
(OCT 1997)
FAR 52.215-10 Price Reduction for Defective Cost or Pricing Data
(OCT 1997)
FAR 52.215-11 Price Reduction for Defective Cost or Pricing Data -
Modifications (OCT 1997)
FAR 52.215-12 Subcontractor Cost or Pricing Data (OCT 1997)
FAR 52.215-13 Subcontractor Cost or Pricing Data - Modifications
(OCT 1997)
FAR 52.215-15 Pension Adjustments and Asset Reversions (DEC 1998)
FAR 52.215-21 Requirements for Cost or Pricing Data or Information
Other Than Cost or Pricing Data - Modifications
(OCT 1997)
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CONTRACT MDA972-02-C-0013
FAR 52.216-07 Allowable Cost and Payment (MAR 2000)
FAR 52.222-01 Notice to the Government of Labor Disputes (FEB 1997)
FAR 52.222-02 Payment for Overtime Premiums (JUL 1990) (Note: The
word "zero" is inserted in the blank spaces indicated
by an asterisk)
FAR 52.222-03 Convict Labor (AUG 1996)
FAR 52.222-04 Contract Work Hours and Safety Standards Act -
Overtime Compensation (SEP 2000)
FAR 52.222-26 Equal Opportunity (FEB 1999)
FAR 52.222-35 Affirmative Action for Disabled Veterans and Veterans
of the Vietnam Era (APR 1998)
FAR 52.222-36 Affirmative Action for Workers with Disabilities
(JUN 1998)
FAR 52.222-37 Employment Reports on Disabled Veterans and Veterans
of the Vietnam Era (JAN 1999)
FAR 52.223-06 Drug-Free Workplace (MAY 2001)
FAR 52.225-13 Restrictions on Certain Foreign Purchases (JULY 2000)
FAR 52.227-01 Authorization and Consent (JUL 1995) and Alternate I
(APR 1984)
FAR 52.227-02 Notice and Assistance Regarding Patent and Copyright
Infringement (AUG 1996)
FAR 52.228-07 Insurance--Liability to Third Persons (MAR 1996)
FAR 52.232-09 Limitation on Withholding of Payments (APR 1984)
FAR 52.232-17 Interest (JUN 1996)
FAR 52.232-23 Assignment of Claims (JAN 1986)
FAR 52.232-25 Prompt Payment (MAY 2001)
FAR 52.232-33 Payment by Electronic Funds Transfer - Central
Contractor Registration (MAY 1999)
FAR 52.233-01 Disputes (DEC 1998)
FAR 52.233-02 Service of Protest (AUG 1996): DARPA/CMO, 0000 Xxxxx
Xxxxxxx Xxxxx, Xxxxxxxxx, XX 00000-0000
FAR 52.233-03 Protest After Award (AUG 1996) and Alternate I
(JUN 1985)
FAR 52.242-01 Notice of Intent to Disallow Costs (APR 1984)
FAR 52.242-03 Penalties for Unallowable Costs (MAY 2001)
FAR 52.242-04 Certification of Final Indirect Costs (JAN 1997)
FAR 52.242-13 Bankruptcy (JUL 1995)
FAR 52.242-15 Stop-Work Order (AUG 1989) and Alternate I (APR 1984)
FAR 52.243-02 Changes -- Cost-Reimbursement (AUG 1987) and
Alternate V (APR 1984)
FAR 52.244-02 Subcontracts (AUG 1998) and Alternate I (AUG 1998)
FAR 52.244-05 Competition in Subcontracting (DEC 1996)
FAR 52.245-05 Government Property (Cost-Reimbursement, Time-and-
Material or Labor-Hour Contracts) (JAN 1986) (DEV)
16
CONTRACT MDA972-02-C-0013
FAR 52.245-09 Use and Charges (APR 1984) (DEVIATION)
FAR 52.245-19 Government Property Furnished "As Is" (APR 1984)
FAR 52.246-09 Inspection of Research and Development (Short
Form) (APR 1984)
FAR 52.246-23 Limitation of Liability (FEB 1997)
FAR 52.247-01 Commercial Xxxx of Lading Notations (APR 1984)
FAR 52.247-34 F.O.B. Destination (NOV 1991)
FAR 52.247-63 Preference for U.S.-Flag Air Carriers (JAN 1997)
FAR 52.247-64 Preference for Privately Owned U.S.-Flag
Commercial Vessels (JUNE 2000)
FAR 52.249-06 Termination (Cost-Reimbursement) (SEP 1996)
FAR 52.249-14 Excusable Delays (APR 1984)
FAR 52.251-01 Government Supply Sources (APR 1984)
FAR 52.253-01 Computer Generated Forms (JAN 1991)
II. DEPARTMENT OF DEFENSE FAR SUPPLEMENT (DFARS) (48 CFR CHAPTER 2) CLAUSES:
DFARS 252.201-7000 Contracting Officer's Representative (DEC 1991)
DFARS 252.203-7001 Prohibition on Persons Convicted of Fraud or Other
Defense-Contract-Related Felonies (MAR 1999)
DFARS 252.204-7003 Control of Government Personnel Work Product
(APR 1992)
DFARS 252.209-7000 Acquisition from Subcontractors Subject to On-Site
Inspection under the Intermediate-Range Nuclear
Forces (INF) Treaty (NOV 1995)
DFARS 252.215-7000 Pricing Adjustments (DEC 1991)
DFARS 252.223-7004 Drug-Free Work Force (SEP 1988)
DFARS 252.225-7012 Preference for Certain Domestic Commodities
(AUG 2000)
DFARS 252.227-7013 Rights in Technical Data - Noncommercial Items
(NOV 1995)
DFARS 252.227-7014 Rights in Noncommercial Computer Software and
Noncommercial Computer Software Documentation
(JUN 1995)
DFARS 252.227-7016 Rights in Bid or Proposal Information (JUN 1995)
DFARS 252.227-7017 Identification and Assertion of Use, Release, or
Disclosure Restrictions (JUN 1995)
DFARS 252.227-7019 Validation of Asserted Restrictions--Computer
Software (JUN 1995)
DFARS 252.227-7027 Deferred Ordering of Technical Data or Computer
Software (APR 1988)
DFARS 252.227-7030 Technical Data - Withholding of Payment (MAR 2000)
DFARS 252.227-7036 Declaration of Technical Data Conformity
(JAN 1997)
DFARS 252.227-7037 Validation of Restrictive Markings on Technical
Data (SEP 1999)
17
CONTRACT MDA972-02-C-0013
DFARS 252.231-7000 Supplemental Cost Principles (DEC 1991)
DFARS 252.235-7010 Acknowledgment of Support and Disclaimer
(MAY 1995)
DFARS 252.235-7011 Final Scientific or Technical Report (SEP 1999)
DFARS 252.242-7000 Postaward Conference (DEC 1991)
DFARS 252.242-7004 Material Management and Accounting System
(DEC 2000)
DFARS 252.243-7002 Requests for Equitable Adjustments (MAR 1998)
DFARS 252.244-7000 Subcontracts for Commercial Items and Commercial
Components (DoD Contracts) (MAR 2000)
DFARS 252.245-7001 Reports of Government Property (MAY 1994)
DFARS 252.251-7000 Ordering from Government Supply Sources (MAY 1995)
(b) ADDITIONAL FAR AND DFARS CLAUSES
This contract incorporates one or more of the following checked 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.
|_| FAR 52.204-02 Security Requirements (AUG 1996) (Applicable if
contract will generate or require access to
classified information and DD Form 254, Contract
Security Classification Specification, is issued
to the Contractor)
|X| FAR 52.215-14 Integrity of Unit Prices (OCT 1997) and Alternate
I (OCT 1997) (Applicable when contracting without
adequate price competition)
|X| FAR 52.215-16 Facilities Capital Cost of Money (OCT 1997)
|_| FAR 52.215-17 Waiver of Facilities Capital Cost of Money (OCT
1997) (Applicable if FAR clause 52.215-16 does not
apply)
|X| FAR 52.215-18 Reversion or Adjustment of Plans for
Postretirement Benefits (PRB) Other Than Pensions
(OCT 1997)) (Applicable if certified cost or
pricing data is required or if any preaward or
postaward cost determinations will be subject to
Subpart 31.2)
|X| FAR 52.216-08 Fixed Fee (MAR 1997) (Cost Plus Fixed Fee
contracts, excluding facilities contracts)
|_| FAR 52.216-10 Incentive Fee (MAR 1997) (Cost Plus Incentive Fee
contracts)
|_| FAR 52.216-11 Cost Contract--No Fee (APR 1984) (Provides no fee
and is not a cost sharing contract)
|_| Alternate I (Apr 1984) (Contract is with an educational
institution or nonprofit organization)
18
CONTRACT MDA972-02-C-0013
|_| FAR 52.216-12 Cost-Sharing Contract--No Fee (APR 1984)
|_| Alternate I (APR 1984) (Contract is with an educational
institution or nonprofit organization)
|_| FAR 52.219-09 Small Business Subcontracting Plan (OCT 2000)
(Applicable to contract that (i) offers
subcontracting possibilities, (ii) is expected to
exceed $500,000, and (iii) is required to include
FAR 52.219-8 unless set-aside or 8(a) program.
Does not apply to small business concerns)
|_| FAR 52.219-16 Liquidated Damages - Subcontracting Plan (JAN
1999) (Applicable if contract is subject to FAR
52.219-09)
|X| FAR 52.222-24 Preaward On-Site Equal Opportunity Compliance
Evaluation (FEB 1999) (Applicable if contract
includes FAR 52.222-26 and is expected to be $10
million or more)
|X| FAR 52.223-14 Toxic Chemical Release Reporting (OCT 2000)
(Applicable to contracts expected to exceed
$100,000 including all options)
|_| FAR 52.226-01 Utilization of Indian Organizations and
Indian-Owned Economic Enterprises (JUN 2000)
(Applicable to contract that does not use FAR Part
12 procedures and is for supplies or services
expected to exceed the simplified acquisition
threshold (see DFARS 226.104(a))
|_| FAR 52.227-10 Filing of Patent Applications - Classified Subject
Matter (APR 1984) (Applicable if contract is
subject to FAR clauses 52.204-02 and either FAR
52.227-11 or FAR 52.227-12)
|X| FAR 52.227-11 Patent Rights - Retention by the Contractor (Short
Form) (JUN 1997) (Applicable if contractor is a
small business or nonprofit organization)
This clause is modified to contain the following subparagraph:
(f)(5) - The Contractor shall furnish the Contracting Officer
the following:
(i) interim reports every 12 months (or such longer period as may be specified
by the Contracting Officer) from the date of the contract, listing subject
inventions during that period and certifying that all subject inventions have
been disclosed or that there are no such inventions.
19
CONTRACT MDA972-02-C-0013
(ii) a final report, within 3 months after completion of the contracted work
listing subject inventions or certifying that there were no such inventions and
listing all subcontracts at any tier containing a patent rights clause or
certifying that there were no such subcontracts.
(iii) upon request, the filing date, serial number, title, and a copy of the
patent application, and patent number and issue date for any subject invention
in any country in which the contractor has applied for patents.
(iv) an irrevocable power to inspect and make copies of the patent application
file covering any subject invention.
|_| FAR 52.227-12 Patent Rights - Retention by the Contractor (Long
Form) (JAN 1997) (Applicable if contractor is a
large business)
|_| XXX 00.000-00 Xxxxx xx Xxx Xxxxxx Gross Receipts and
Compensating Tax (OCT 1998)
|_| FAR 52.230-02 Cost Accounting Standards (APR 1998) (Applicable
unless contract is exempted (see 48 CFR 9903.201-1
(FAR Appendix)), or contract is subject to
modified coverage (see 48 CFR 9903.201-2 (FAR
Appendix))
|_| FAR 52.230-03 Disclosure and Consistency of Cost Accounting
Practices (APR 1998) (Applicable to contract over
$500,000 but less than $25 million, and offeror
certifies eligibility for, and elects to use,
modified CAS coverage (see 48 CFR 9903.201-2 (FAR
Appendix))
|_| FAR 52.230-06 Administration of Cost Accounting Standards (NOV
1999) (Applicable to contract which includes FAR
52.230-2, FAR 52.230-3, or FAR 52.230-5)
|_| FAR 52.232-20 Limitation of Cost (APR 1984) (Applicable only
when contract action is fully funded)
|X| FAR 52.232-22 Limitation of Funds (APR 1984) (Applicable only
when contract action is incrementally funded)
|X| FAR 52.242-03 Penalties for Unallowable Costs (MAY 2001)
|_| FAR 52.246-08 Inspection of Research and Development--Cost-
Reimbursement (MAY 2001) ) and Alternate I (APR
1984) (Applicable when primary objective is the
delivery of end items other than designs,
drawings, or reports and contract awarded on a
no-fee basis) Applicable when primary objective is
the delivery of end items other than designs,
drawings, or reports) (If checked, FAR 52.246-09
is not applicable)
20
CONTRACT MDA972-02-C-0013
|_| FAR 52.246-09 Inspection of Research and Development--Cost-
Reimbursement (Short Form) (APR 1984)
|_| FAR 52.246-11 Higher-Level Contract Quality Requirement (FEB
1999) (Applicable to contract when the inclusion
of a higher-level contract quality requirement is
appropriate (see 46.202-4)
|X| DFARS 252.203-7002 Display of DoD Hotline Poster (DEC 1991)
(Applicable to contract exceeding $5,000,000
except when performance will take place in a
foreign country)
|X| DFARS 252.204-7000 Disclosure of Information (DEC 1991) (Applicable
to unclassified contract)
|_| DFARS 252.204-7005 Oral Attestation of Security Responsibilities (AUG
1999) (Applicable if FAR52.204-2 is checked)
|X| DFARS 252.205-7000 Provision of Information to Cooperative Agreement
Holders (DEC 1991) (Applicable to contract
expected to exceed $500,000)
|X| DFARS 252.209-7004 Subcontracting with Firms that are Owned or
Controlled by the - Government of a Terrorist
Country (MAR 1998) (Applicable to contract with a
value of $100,000 or more)
|X| DFARS 252.215-7002 Cost Estimating System Requirements (OCT 1998)
(Applicable to contract awarded on basis of
certified cost or pricing data)
|_| DFARS 252.219-7003 Small, Small Disadvantaged and Women-Owned Small
Business Subcontracting Plan (DoD Contracts) (APR
1996) (Applicable if FAR 52.219-9 is checked)
|_| DFARS 252.223-7006 Prohibition on Storage and Disposal of Toxic and
Hazardous Materials (APR 1993) (Applicable to
contract which requires, may require, or permit
contractor performance on a DoD installation)
|X| DFARS 252.225-7001 Buy American Act and Balance of Payments Program
(MAR 1998) (Applicable to contract for supplies or
services that requires the furnishing of supplies.
(Do not check if using DFARS 252.225-7007 from
OPTIONAL clauses or if nonqualifying country end
products are ineligible for award as listed in
DFARS 225.1101(2)(ii)))
|X| DFARS 252.225-7002 Qualifying Country Sources as Subcontractors (DEC
1991) (Applicable if DFARS 252.225-7001 is checked
(or DFARS 252.225-7007 is included from OPTIONAL
clauses)
21
CONTRACT MDA972-02-C-0013
|X| DFARS 252.225-7009 Duty-Free-Entry - Qualifying Country Supplies (End
Products and Components) (AUG 2000)
|X| DFARS 252.225-7010 Duty-Free-Entry - Additional Provisions (AUG 2000)
|X| DFARS 252.225-7016 Restriction on Acquisition of Ball and Roller
Bearings (DEC 2000) (Applicable to contract unless
(a) the restrictions in 225.7019-1 do not apply or
a waiver has been granted; or (b)where the
Contracting Officer knows the items being acquired
do not contain ball or bearings)
|X| DFARS 252.225-7025 Restriction on Acquisition of Forgings (JUN 1997)
(Applicable to contract unless (a) excepted in
225.7102-2; or (b) where the Contracting Officer
knows that the supplies being acquired do not
contain forgings)
|X| DFARS 252.225-7026 Reporting of Contract Performance Outside the
United States (JUN 2000) (Applicable to contract
with an estimated or actual value exceeding
$500,000, including one modified to exceed
$500,000)
|_| DFARS 252.225-7041 Correspondence in English (JUN 1997) (Applicable
when contract performance will be wholly or in
part in a foreign country)
|_| DFARS 252.225-7042 Authorization to Perform (JUN 1997) (Applicable
when contract performance will be wholly or in
part in a foreign country)
|X| DFARS 252.225-7043 Antiterrorism/Force Protection for Defense
Contractors Outside the United States (JUN 1998)
(Applicable to contract that requires performance
or travel outside the United States except for
contracts with foreign governments,
representatives of a foreign government or foreign
corporations wholly owned by foreign governments)
|_| DFARS 252.227-7015 Technical Data--Commercial Items (NOV 1995)
(Applicable when Contractor will be required to
deliver technical data pertaining to commercial
items, components, or processes)
|X| DFARS 252.227-7034 Patents - Subcontracts (APR 1984) (Applicable if
FAR 52.227-11 is checked)
|X| DFARS 252.227-7039 Patents - Reporting of Subject Inventions (APR
1990) (Applicable if FAR 52.227-11 is checked)
22
CONTRACT MDA972-02-C-0013
|_| DFARS 252.235-7002 Animal Welfare (DEC 1991)
|X| DFARS 252.246-7000 Material Inspection and Receiving Report (DEC
1991) (Applicable when there will be separate and
distinct deliverables unless not required under
DFARS 246.370(b))
(c) The following attached clauses are also applicable to this contract.
Expedited implementation of these clauses has been authorized by the Defense
Acquisition Regulatory Council. The clauses and their prescriptions for use will
be published in forthcoming Federal/Defense Acquisition Circulars:
(d) The following attached clauses, set out in full text, are also applicable to
this contract:
1. FAR 52.215-19 Notification of Ownership Changes (OCT 1997)
(Applicable if certified cost or pricing data is
required and if any preaward or postaward cost
determinations will be subject to Subpart 31.2)
(a) The Contractor shall make the following notifications in writing:
(1) When the Contractor becomes aware that a change in its ownership
has occurred, or is certain to occur, that could result in changes in the
valuation of its capitalized assets in the accounting records, the Contractor
shall notify the Administrative Contracting Officer (ACO) within 30 days.
(2) The Contractor shall also notify the ACO within 30 days whenever
changes to asset valuations or any other cost changes have occurred or are
certain to occur as a result of a change in ownership.
(b) The Contractor shall--
(1) Maintain current, accurate, and complete inventory records of
assets and their costs;
(2) Provide the ACO or designated representative ready access to the
records upon request;
(3) Ensure that all individual and grouped assets, their capitalized
values, accumulated depreciation or amortization, and remaining useful lives are
identified accurately before and after each of the Contractor's ownership
changes;
(4) Retain and continue to maintain depreciation and amortization
schedules based on the asset records maintained before each Contractor ownership
change.
(c) The Contractor shall include the substance of this clause in all
subcontracts under this contract that meet the applicability requirement of FAR
15.408(k).
23
CONTRACT MDA972-02-C-0013
2. FAR 52.215-20 Requirements for Cost or Pricing Data or
Information Other Than Cost or Pricing Data. (OCT
1997)
As prescribed in 15.408(l), insert the following provision:
Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing
Data (Oct 1997)
(a) Exceptions from cost or pricing data.
(1) In lieu of submitting cost or pricing data, offerors may submit a
written request for exception by submitting the information described in the
following subparagraphs. The Contracting Officer may require additional
supporting information, but only to the extent necessary to determine whether an
exception should be granted, and whether the price is fair and reasonable.
(i) Identification of the law or regulation establishing the price
offered. If the price is controlled under law by periodic rulings, reviews, or
similar actions of a governmental body, attach a copy of the controlling
document, unless it was previously submitted to the contracting office.
(ii) Commercial item exception. For a commercial item exception, the
offeror shall submit, at a minimum, information on prices at which the same item
or similar items have previously been sold in the commercial market that is
adequate for evaluating the reasonableness of the price for this acquisition.
Such information may include --
(A) For catalog items, a copy of or identification of the
catalog and its date, or the appropriate pages for the offered
items, or a statement that the catalog is on file in the
buying office to which the proposal is being submitted.
Provide a copy or describe current discount policies and price
lists (published or unpublished), e.g., wholesale, original
equipment manufacturer, or reseller. Also explain the basis of
each offered price and its relationship to the established
catalog price, including how the proposed price relates to the
price of recent sales in quantities similar to the proposed
quantities; (B) For market-priced items, the source and date
or period of the market quotation or other basis for market
price, the base amount, and applicable discounts. In addition,
describe the nature of the market;
(C) For items included on an active Federal Supply Service
Multiple Award Schedule contract, proof that an exception has
been granted for the schedule item.
(2) The offeror grants the Contracting Officer or an authorized
representative the right to examine, at any time before award, books, records,
documents, or other directly pertinent records to verify any request for an
exception under this provision, and the reasonableness of price. For
24
CONTRACT MDA972-02-C-0013
items priced using catalog or market prices, or law or regulation, access does
not extend to cost or profit information or other data relevant solely to the
offeror's determination of the prices to be offered in the catalog or
marketplace.
(b) Requirements for cost or pricing data. If the offeror is not granted an
exception from the requirement to submit cost or pricing data, the following
applies:
(1) The offeror shall prepare and submit cost or pricing data and
supporting attachments in accordance with Table 15-2 of FAR 15.408.
(2) As soon as practicable after agreement on price, but before contract
award (except for unpriced actions such as letter contracts), the offeror shall
submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR
15.406-2.
(End of Provision)
Alternate I (Oct 1997). As prescribed in 15.408(l), substitute the following
paragraph (b)(1) for paragraph (b)(1) of the basic provision:
(b)
(1) The offeror shall submit cost or pricing data and supporting
attachments in the following format:
Alternate II (Oct 1997). As prescribed in 15.408(l), add the following paragraph
(c) to the basic provision:
(c) When the proposal is submitted, also submit one copy each to:
(1) the Administrative Contracting Officer, and
(2) the Contract Auditor.
Alternate III (Oct 1997). As prescribed in 15.408(l), add the following
paragraph (c) to the basic provision (if Alternate II is also used, redesignate
the following paragraph as paragraph (d)).
(c) Submit the cost portion of the proposal via the following electronic media:
[Insert media format, e.g., electronic spreadsheet format, electronic mail,
etc.]
Alternate IV (Oct 1997). As prescribed in 15.408(l), replace the text of the
basic provision with the following:
(a) Submission of cost or pricing data is not required.
25
CONTRACT MDA972-02-C-0013
(b) Provide information described below: [Insert description of the information
and the format that are required, including access to records necessary to
permit an adequate evaluation of the proposed price in accordance with
15.403-3.]
3. FAR 52.244-6 Subcontracts for Commercial Items (MAY 2001)
(a) Definitions. As used in this clause--
"Commercial item," has the meaning contained in the clause at 52.202-1,
Definitions.
"Subcontract," includes a transfer of commercial items between divisions,
subsidiaries, or affiliates of the Contractor or subcontractor at any tier.
(b) To the maximum extent practicable, the Contractor shall incorporate,
and require its subcontractors at all tiers to incorporate, commercial items or
nondevelopmental items as components of items to be supplied under this
contract.
(c)(1) The following clauses shall be flowed down to subcontracts for
commercial items:
(i) 52.219-8, Utilization of Small Business Concerns (OCT 2000) (15
U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting
opportunities. If the subcontract (except subcontracts to small business
concerns) exceeds $500,000 ($1,000,000 for construction of any public facility),
the subcontractor must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
(ii) 52.222-26, Equal Opportunity (FEB 1999)(E.O. 11246);
(iii) 52.222-35, Affirmative Action for Disabled Veterans and
Veterans of the Vietnam Era (APR 1998)(38 U.S.C. 4212(a));
(iv) 52.222-36, Affirmative Action for Workers with Disabilities
(JUN 1998) (29 U.S.C. 793);
(v) 52.247-64, Preference for Privately Owned U.S.-Flagged
Commercial Vessels (JUN 2000) (46 U.S.C. Appx 1241) (flow down not required for
subcontracts awarded beginning May 1, 1996).
(2) While not required, the contractor may flow down to subcontracts for
commercial items a minimal number of additional clauses necessary to satisfy its
contractual obligations.
(d) The Contractor shall include the terms of this clause, including this
paragraph (d), in subcontracts awarded under this contract.
26
CONTRACT MDA972-02-C-0013
4. FAR 52.247-67 Submission of Commercial Transportation Bills to the
General Services Administration for Audit (JUN 1997)
(Applicable when contract or first-tier subcontract will
authorize reimbursement of transportation as a direct
charge to the contract or subcontract)
(a)(1) In accordance with paragraph (a)(2) of this clause, the
Contractor shall submit to the General Services Administration (GSA) for audit,
legible copies of all paid freight bills/invoices, commercial bills of lading
(CBL's), passenger coupons, and other supporting documents for transportation
services on which the United States will assume freight charges that were paid--
(i) By the Contractor under a cost-reimbursement contract; and
(ii) By a first-tier subcontractor under a cost-reimbursement subcontract
thereunder.
(2) Cost-reimbursement Contractors shall only submit for audit those CBL's
with freight shipment charges exceeding $50.00. Bills under $50.00 shall be
retained on-site by the Contractor and made available for GSA on-site audits.
This exception only applies to freight shipment bills and is not intended to
apply to bills and invoices for any other transportation services.
(b) The Contract shall forward copies of paid freight bills/invoices,
CBL's, passenger coupons, and supporting documents as soon as possible following
the end of the month, in one package to the:
General Services Administration
Attn: FWA
0000 X Xxxxxx, XX
Xxxxxxxxxx, X.X. 00000
The Contractor shall include the paid freight bills/invoices, CBL's, passenger
coupons, and supporting documents for first-tier subcontractors under a
cost-reimbursement contract. If the inclusion of the paid freight
bills/invoices, CBL's, passenger coupons, and supporting documents for any
subcontractor in the shipment is not practicable, the documents may be forwarded
to GSA in a separate package.
(c) Any original transportation bills or other documents requested by GSA
shall be forwarded promptly by the Contractor to GSA. The Contractor shall
ensure that the name of the contracting agency is stamped or written on the face
of the xxxx before sending it to GSA.
27
CONTRACT MDA972-02-C-0013
(d) A statement prepared in duplicate by the Contractor shall accompany
each shipment of transportation documents. GSA will acknowledge receipt of the
shipment by signing and returning the copy of the statement. The statement shall
show--
(1) The name and address of the Contractor;
(2) The contract number including any alphanumeric prefix identifying the
contracting office;
(3) The name and address of the contracting office;
(4) The total number of bills submitted with the statement; and
(5) A listing of the respective amounts paid or, in lieu of such listing, an
adding machine tape of the amounts paid showing the Contractor's voucher
or check numbers.
5. DFARS 252.247-7023 Transportation of Supplies by Sea (MAR 2000)
(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 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,
28
CONTRACT MDA972-02-C-0013
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)(1) The Contractor shall use U.S.-flag vessels when transporting any
supplies by sea under this contract.
(2) A subcontractor transporting supplies by sea under this contract
shall use U.S.-flag vessels if-
(i) This contract is a construction contract; or
(ii) The supplies being transported are-
(A) Noncommercial items; or
(B) Commercial items that-
(1) The Contractor is reselling or distributing to the
Government without adding value (generally, the Contractor does not add value to
items that it subcontracts for f.o.b. destination shipment);
(2) Are shipped in direct support of U.S. military contingency
operations, exercises, or forces deployed in humanitarian or peacekeeping
operations; or
(3) Are commissary or exchange cargoes transported outside of
the Defense Transportation System in accordance with 10 U.S.C. 2643.
(c) 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.
(d) 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
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CONTRACT MDA972-02-C-0013
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 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.
(e) 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;
(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 steamship company.
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CONTRACT MDA972-02-C-0013
(f) 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 DESCRIPTION CONTRACT LINE ITEMS QUANTITY
---------------------------------------------------------------
---------------------------------------------------------------
TOTAL
---------------------------------------------------------------
(g) 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.
(h) The Contractor shall include this clause, including this paragraph
(h), in all subcontracts under this contract that-
(1) Exceed the simplified acquisition threshold in Part 2 of the
Federal Acquisition Regulation; and
(2) Are for a type of supplies described in paragraph (b)(2) of this
clause.
(End of clause)
6. 252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000)
(a) The Contractor has indicated by the response to the solicitation
provision, Representation of Extent of Transportation by Sea, that it did not
anticipate transporting by sea any supplies. If, however, after the award of
this contract, the Contractor learns that supplies, as defined in the
Transportation of Supplies by Sea clause of this contract, will be transported
by sea, the Contractor-
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CONTRACT MDA972-02-C-0013
(1) Shall notify the Contracting Officer of that fact; and
(2) Hereby agrees to comply with all the terms and conditions of the
Transportation of Supplies by Sea clause of this contract.
(b) The Contractor shall include this clause, including this paragraph
(b), revised as necessary to reflect the relationship of the contracting
parties-
(1) In all subcontracts under this contract, if this contract is a
construction contract; or
(2) If this contract is not a construction contract, in all
subcontracts under this contract that are for-
(i) Noncommercial items; or
(ii) Commercial items that-
(A) The Contractor is reselling or distributing to the
Government without adding value (generally, the Contractor does not add value to
items that it subcontracts for f.o.b. destination shipment);
(B) Are shipped in direct support of U.S. military
contingency operations, exercises, or forces deployed in humanitarian or
peacekeeping operations; or
(C) Are commissary or exchange cargoes transported
outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.
SECTION J LIST OF ATTACHMENTS
Attachment 1 Statement of Work, Dated October 21, 2001
SECTION K REPRESENTATIONS, CERTIFICATIONS, AND OTHER
STATEMENTS BY OFFERS OR QUOTAS
THE SECTION K REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS, AS COMPLIED
BY THE CONTRACTOR AND RETAINED IN THE CONTRACT FILE, ARE HEREBY INCORPORATED BY
REFERENCE.
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