TABLE OF CONTENTS
235.001 Definitions.
235.002 General.
235.006 Contracting methods and contract type.
235.007 Solicitations.
235.010 Scientific and technical reports.
235.015 Contracts for research with educational institutions and nonprofit organizations.
235.015-70 Special use allowances for research facilities acquired by educational institutions.
235.015-71 Short form research contract (SFRC).
235.016 Broad agency announcement.
235.017 Federally Funded Research and Development Centers.
235.070 Indemnification against unusually hazardous risks.
235.070-1 Indemnification under research and development contracts.
235.070-2 Indemnification under contracts involving both research and development and other work.
235.070-3 Contract clauses.
235.071 Additional contract clauses.
SUBPART 235.70 RESEARCH AND DEVELOPMENT STREAMLINED CONTRACT PROCEDURES - TEST
235.7000 Scope.
235.7001 Definitions.
235.7002 Applicability.
235.7003 Reporting requirements.
235.7004 The research and development streamlined solicitation (RDSS).
235.7004-1 General.
235.7004-2 Solicitation procedures.
235.7004-3 Proposal evaluation and contract award procedures.
235.7005 The research and development standard contract (RDSC).
235.7006 The research and development streamlined contracting format.
DAC 91-7
PART 235 RESEARCH AND DEVELOPMENT CONTRACTING
235.001 Definitions.
The following terms are defined in DoD 7000.14-R, Financial Management Regulation. As used in this part--
"Advanced development" means all effort directed toward projects which have moved into the development of hardware for test. The prime proof of this type of effort is proof of design concept rather than the development of hardware. Projects in this category have a potential military application.
"Basic research" means all effort of scientific study and experimentation directed toward increasing knowledge and understanding in those fields of the physical, engineering, environmental, and life sciences related to long-term national security needs, It provides fundamental knowledge required for the solution of military problems. It forms a part of the base for--
(1) Subsequent exploratory and advanced developments in defense related technologies; and
(2) New or improved military functional capabilities in areas such as communications, detection, tracking, surveillance, propulsion, mobility, guidance and control, navigation, energy conversion, materials and structures, and personnel support.
"Demonstration/validation" means those efforts necessary to evaluate integrated technologies in as realistic an operating environment as possible to assess the performance or cost reduction potential of advanced technology. The demonstration/validation phase is system specific and also includes advanced technology demonstrations that help expedite technology transition from the laboratory to operational use.
"Engineering and manufacturing development" means those projects in full-scale engineering development but which have not yet received approval for production or had production funds included in the DoD budget submission for the budget or subsequent fiscal year. This area is characterized by major line item projects where program control is exercised by review of individual projects.
"Exploratory development" means all effort directed toward the solution of specific military problems, short of major development projects. This type of effort may vary from fairly fundamental applied research to quite sophisticated bread-board hardware, study, programming, and planning efforts. It would thus include studies, investigations, and minor development effort. The dominant characteristic of this category of effort is that it be pointed toward specific military problem areas with a view toward developing and evaluating the feasibility and practicability of proposed solutions and determining their parameters.
"Management and support" means all effort directed toward support of installations and operations required for general research and development use. This includes military construction of a general nature unrelated to specific programs, maintenance support of laboratories, operation and maintenance of test ranges, and maintenance of test aircraft and ships. Costs of laboratory personnel, either in-house or contracted, would be assigned to projects or as a line item in the research, exploratory development,or advanced development program areas, as appropriate. Management and support is not "research and development" except in exceptional cases. For
example, construction of recreational facilities at an installation is not "research and development" work, even if the installation is used only for research and development work.
"Operational system development" means those projects still in full-scale engineering development, but which have received approval for production through Defense Acquisition Board or other action, or production funds have been included in the DoD budget submission for the budget or subsequent year. All items in this area are major line item projects which appear as RDT&E costs of weapons systems elements in other programs. Program control is exercised by review of the individual projects.
"Research and development" ordinarily covers only the following categories--
(1) Basic Research;
(2) Exploratory development;
(3) Advanced development;
(4) Demonstration/validation
(5) Engineering and manufacturing development: and
(6) Operational system development.
235.002 General.
Contracts for research and development may not be performed over a period exceeding ten years from the date of initial award, unless the department or agency notifies Congress (10 U.S.C. 2352).
(1) The head of the agency shall notify Congress whenever--
(i) It is expected, at the time of award, or as a result of a modification, that the period of performance will exceed ten years from the initial award date; or
(ii) Performance has extended beyond ten years from the initial award date and no notice has otherwise been provided to Congress.
(2) The notice shall--
(i) Identify the contract;
(ii) State the initial award date;
(iii) State the expected period of performance; and
(iv) Be submitted not later than 30 days after--
(A) The initial award date or date of modification, as applicable; or
(B) The date on which performance exceeds ten years if no prior notice was given.
235.006 Contracting methods and contract type.
(a) All contracts under the Manufacturing Science and Technology Program (See DoDI 4200.15, Manufacturing Technology Program) shall be awarded using competitive procedures (10 U.S.C. 2525).
(b) (i) A fixed-price type contract shall not be awarded for a development program effort unless--
(A) The level of program risk permits realistic pricing;
(B) The use of a fixed-price type contract permits an equitable and sensible allocation of program risk between the Government and the contractor; and
(C) A written determination that the criteria of paragraphs (b)(i)(A) and (B) of this section have been met is executed--
(1) By the Under Secretary of Defense (Acquisition and Technology) (USD(A&T)) for--
(i) Research and development for non-major systems, if the contract is over $25 million;
(ii) The lead ship of a class;
(iii) The development of a major system (as defined in FAR2.101) or subsystem thereof, if the contract is over $25 million, or is over $10 million and is funded with FY90 funds (Pub. L. 101-165, Section 9048), FY91 funds (Pub. L. 101-511, Section 8038), FY92 funds (Pub. L. 102-172, Section 8037), or FY93 funds (Pub. L. 102-396, Section 9037).
(2) By the contracting officer for any development not covered by paragraphs (b)(i)(C)(1) of this section.
(ii) The contracting officer must obtain USD(A&T) approval of the Government's prenegotiation position before negotiations begin and must obtain USD(A&T) approval of the negotiated agreement with the contractor before the agreement is executed for any action that is--
(A) An increase of more than $250 million in the price of ceiling price of a fixed-price type development contract, or a fixed-price type contract for the lead ship of a class;
(B) A reduction in the amount of work under a fixed-price type development contract or a fixed-price type contract for the lead ship of a class, when the value of the work deleted is $100 million or more; or
(C) A repricing of fixed-price type production options to a development contract, or a contract for the lead ship of a class, which increases the price or ceiling price by more than $250 million for equivalent quantities.
(iii) Notify the USD(A&T) of an intent not to exercise a fixed-price production option on a development contract for a major weapon system reasonably in advance of the expiration of the option exercise period.
(iv) A cost-sharing arrangement (See FAR 16.303) must be used for contracts awarded in support of the Manufacturing Technology Program, unless an alternative is approved by the Secretary of Defense (10 U.S.C. 2525). Approval by the Secretary of Defense to use other than a cost-sharing arrangement for the Manufacturing Technology Program must be based on a determination that the contract is for a program that--
(A) Is not likely to have any immediate and direct commercial application; or
(B) Is of sufficiently high risk to discourage cost-sharing by non-Federal Government sources; or,
(C) Will be carried out by an institution of higher education.
(g) To ensure that prospective offerors fully understand the details of the work, the contracting officer may include the Government's estimate of the man-year effort under a research contract.
235.010 Scientific and technical reports.
(b) The Defense Technical Information Center (DTIC) is responsible for collecting all scientific or technological observations, findings, recommendations, and results derived from DoD endeavors, including both in-house and contracted efforts. The DTIC has eligibility and registration requirements for use of its services. Requests for eligibility and registration information should be addressed to DTIC-BCS, 8725 John J Kingman Road, Suite 0944, Fort Belvior, VA 22060-0944.
235.015 Contracts for research with educational institutions and nonprofit organizations.
(b) Basic agreements.
(3) When using a basic agreement--
(i) Incorporate it by reference in Section I of the contract; and
(ii) Incorporate any special clause requirements in Section H.
235.015-70 Special use allowances for research facilities acquired by educational institutions.
(a) Definitions.
As used in this subsection--
(1) "Research facility" means--
(i) Real property, other than land; and
(ii) Includes structures, alterations, and improvements, acquired for the purpose of conducting scientific research under contracts with departments and agencies of the DoD.
(2) "Special use allowance" means a negotiated direct or indirect allowance--
(i) For construction or acquisition of buildings, structures, and real property, other than land; and
(ii) Where the allowance is computed at an annual rate exceeding the rate which normally would be allowed under FAR Subpart 31.3.
(b) Policy.
(1) Educational institutions are to furnish the facilities necessary to perform defense contracts. FAR 31.3 governs how much the Government will reimburse the institution for the research programs. However, in extraordinary situations, the Government may give special use allowances to an educational institution when the institution is unable to provide the capital for new laboratories or expanded facilities needed for defense contracts.
(2) Decisions to provide a special use allowance must be made on a case-by-case basis, using the criteria in paragraph (c) of this subsection.
(c) Authorization for special use allowance.
The head of a contracting activity may approve special use allowances only when all of the following conditions are met--
(1) The research facility is essential to the performance of DoD contracts;
(2) Existing facilities, either Government or nongovernment, cannot meet program requirements practically or effectively;
(3) The proposed agreement for special use allowances is a sound business arrangement;
(4) The Government's furnishing of Government-owned facilities is undesirable or impractical; and
(5) The proposed use of the research facility is to conduct essential Government research which requires the new or expanded facilities.
(d) Application of the special use allowance.
(1) In negotiating a special use allowance--
(i) Compare the needs of DoD and of the institution for the research facility to determine the amount of the special use allowance;
(ii) Consider rental costs for similar space in the area where the research facility is or will be located to establish the annual special use allowance;
(iii) Do not include or allow--
(A) The costs of land; or
(B) Interest charges on capital;
(iv) Do not include maintenance, utilities, or other operational costs;
(v) The period of allowance generally will be--
(A) At least ten years; or
(B) A shorter period if the total amount to be allowed is less than the construction or acquisition cost for the research facility;
(vi) Generally, provide for allocation of the special use allowance equitably among the Government contracts using the research facility;
(vii) Special use allowances apply only in the years in which the Government has contracts in effect with the institution. However, if in any given year there is a reduced level of Government research effort which results in the special use allowance being excessive compared to the Government research funding, a separate special use allowance may be negotiated for that year;
(viii) Special use allowances may be adjusted for the period before construction is complete if the facility is partially occupied and used for Government research during that period.
(2) A special use allowance may be based on either total or partial cost of construction or acquisition of the research facility.
(i) When based on total cost neither the normal use allowance nor depreciation will apply--
(A) During the special use allowance period; and
(B) After the educational institution has recovered the total construction or acquisition cost from the Government or other users.
(ii) When based on partial cost, normal use allowance and depreciation--
(A) Apply to the balance of costs during the special use allowance period to the extent negotiated in the special use allowance agreement; and
(B) Do not apply after the special use allowance period, except for normal use allowance applied to the balance.
(3) During the special use allowance period, the research facility--
(i) Shall be available for Government research use on a priority basis over nongovernment use; and
(ii) Cannot be put to any significant use other than that which justified the special use allowance, unless the head of the contracting activity, who approved the special use allowance, consents.
(4) The Government will pay only an allocable share of the special use allowance when the institution makes any substantial use of the research facility for parties other than the Government during the period when the special use allowance is in effect.
(5) In no event shall the institution be paid more than the acquisition costs.
235.015-71 Short form research contract (SFRC).
(a) Scope.
This section prescribes procedures for contracting within the United States for research on a cost-reimbursement basis with educational institutions or nonprofit organizations whose primary purpose is the conduct of scientific research.
(b) Definitions.
As used in this section--
(1) "Educational institution" means an institution of higher learning which--
(i) Provides facilities for teaching and research; and
(ii) Is authorized to grant academic degrees.
(2) "Nonprofit organization" means--
(i) Organizations of the type--
(A) Described in Section 501(c)(3) and (d) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)); and
(B) Exempt from taxation under Section 501(a) of the Internal Revenue Code (26 U.S.C. 501(a)); or
(ii) Any nonprofit scientific organization qualified under a state nonprofit organization statute.
(3) "Research" includes all effort described as research in 235.001, including that part of exploratory development applicable to applied research.
(c) Applicability.
(1) Do not use the SFRC for any purpose other than as described in this section.
(2) The procedures in this section may be used if--
(i) The principal purpose of the acquisition is research from an educational institution or a nonprofit organization;
(ii) The effort will be on a cost-reimbursement basis;
(iii) The basis for award is--
(A) A basic research proposal responding to a broad agency announcement (FAR 6.102(d)(2)); or
(B) An unsolicited research proposal (FAR 6.302-1); or
(C) A proposal establishing or maintaining an essential engineering, research, or development capability (FAR 6.302-3); and
(iv) The contract requires the delivery of designs, drawings, or reports as end items.
(d) Content of research proposal.
Research proposals submitted under this section must contain--
(1) All the information in FAR 15.505;
(2) A statement of work complying with FAR 35.005, and a breakdown of the time the principal investigator and any associates will devote to the contract (see FAR 35.015(a)). The breakdown will be by work-days, work-months, or work-years;
(3) The executed representations on DD Form 2222-1, Representations and Certifications from Offerors Submitting Proposals Under DFARS 235.70. (Representations and certifications submitted on a one-time basis to each contracting office are valid for all SFRC contract awards made by that office only if the offeror in each proposal references the one-time submission and confirms its validity.);
(4) A statement that the Government may award a contract under the procedures of this section;
(5) (i) Identification of property in the Contractor-Acquired Property clause by showing for each item, when possible-
(A) The description of the property; and
(B) The estimated or known cost;
(ii) The description of the property should be detailed enough to enable the contracting officer--
(A) To determine whether the Government will furnish such property under FAR 35.014 and FAR 45.302-1; and
(B) For property which may be contractor-acquired (versus Government-furnished)--
(1) To accept it as advance notification required by FAR 52.244-2; and
(2) To authorize acquisition at time of award;
(iii) If the offeror proposes to acquire facilities (FAR 45.301), the offeror shall include a written statement which--
(A) Explains why acquiring these items with contract funds is necessary; and
(B) Expresses the offeror's unwillingness or financial inability to acquire the items with the offeror's own resources;
(iv) Special test equipment or components proposed. Individual items of less than $1,000 may be grouped by category (FAR 45.307-2);
(6) A SF 1411, Contract Pricing Proposal Cover Sheet, or acceptable substitute. FAR 52.244-2(b) prescribes information required for subcontracts;
(7) Markings complying with FAR 15.509 on the title page and each restricted sheet if the proposal includes data that the offeror does not want disclosed for any purpose other than evaluation. In addition, the offeror should state in the offer or check Block A on page 2 of the DD Form 2222-2 if the offeror grants the Government permission to have nongovernment evaluators review the proposal;
(8) The following statement:
"This proposal incorporates by reference, and makes a part thereof, all applicable clauses in DFARS 235.015-71(i) in effect on the effective date of the contract or such other dates as may be mutually agreed upon."
(9) Any other applicable FAR or DFARS clauses agreed to by the parties;
(10) Monthly expenditure estimates by which incremental funding periods may be calculated; and
(11) An executed DD Form 2222-2, Short Form Research Contract Research Proposal Cover Page.
(e) Contracting procedures.
(1) The contracting officer may award a SFRC under full and open competition (FAR Subpart 6.1) when the proposal--
(i) Is in response to a broad agency announcement under FAR 6.102(d)(2);
(ii) Contains the information required by 235.015-71(d); and
(iii) Has been recommended for award under the peer or scientific review procedures of FAR 6.102(d)(2).
(2) The contracting officer may award an SFRC under other than full and open competition (FAR Subpart 6.3) when--
(i) The proposal is an unsolicited research proposal submitted, evaluated, and accepted under FAR Subpart 15.5, which meets the criteria of FAR 6.302-1; or
(ii) Award is necessary to establish or maintain an essential engineering research or development capability under FAR 6.302-1.
(3) When a research proposal (solicited or unsolicited) is satisfactory to the Government, the contracting officer should accept the proposal by executing a SFRC incorporating--
(i) The proposal by reference, or
(ii) The statement of work by reference.
(4) When acceptance of the entire research proposal is not advantageous to the Government, the contracting officer should use the acceptable parts of the research proposal. These parts may be either attached or incorporated by reference to develop a contract for execution by both parties. In this event, the contractor must sign the SFRC before the Government signs.
(5) Use the DD Form 2222, Short Form Research Center (SFRC) Modification, to effect modifications.
(6) The initial dollar amount and period of performance specified in the award document shall include the initial research program only. The SFRC shall identify separately the options, periods of performance, and costs, if appropriate.
(7) FAR 35.014 applies to vesting of title in property to organizations defined in 235.015-71(b). DD Form 2222 shall identify property, title to which is not vested in the contractor, or for which a determination of title is deferred.
(8) The offeror's submission of its proposal under this section 235.015-71 constitutes the offeror's agreement to be bound by all terms and conditions of the resulting contract.
(f) Advance payments.
The contracting officer shall ensure that SFRCs awarded to institutions and organizations authorized to receive advance payments under FAR Subpart 32.4 are clearly marked to read "Advance Payment Pool Contract."
(g) Method of funding.
If incrementally funded, the SFRC shall specify--
(1) The total estimated cost for the full period of the research program, both funded and unfunded; and
(2) The amount of funds currently obligated.
(h) Uniform contract format.
The SFRC is exempt from uniform contract format requirements (FAR 15.406).
(i) SFRC clauses.
(1) Include in the contract any FAR or DFARS clause agreed to by the parties and incorporate it by reference or full text, as appropriate.
(2) The following clauses should be incorporated by reference in all SFRC awards of $25,000 or more. Clauses with a single asterisk (*) apply to educational institutions only. Clauses with a double asterisk (**) apply to nonprofit organizations only.
FAR 52.202-1 Definitions
FAR 52.203-1 Officials Not to Benefit
FAR 52.203-3 Gratuities
FAR 52.203-5 Covenant Against Contingent Fees
FAR 52.203-6 Restrictions on Subcontractor Sales to the Government
FAR 52.203-7 Anti-Kickback Procedures
252.203-7001 Special Prohibition on Employment
**FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity
FAR 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
252.209-7000 Acquisitions from Subcontractors Subject to On-Site Inspection Under the Intermediate-Range Nuclear Forces (INF) Treaty
FAR 52.215-2 Audit and Records--Negotiation
FAR 52.215-26 Integrity of Unit Prices
**FAR 52.215-30 Facilities Capital Cost of Money (Applies if contract is subject to commercial cost principles, FAR Subpart 31.2)
**FAR 52.215-31 Waiver of Facilities Capital Cost of Money (Applies if contractor does not propose facilities capital cost of money.)
FAR 52.215-33 Order of Precedence
FAR 52.216-7 Allowable Cost and Payment
*FAR 52.216-15 Predetermined Indirect Cost Rates (Applies only when the contractor has an executed negotiation agreement with the cognizant contract administration office. Predetermined rate agreements in effect on the date of the contract shall be incorporated in the contract schedule.)
FAR 52.219-8 Utilization of Small Business and Small Disadvantaged Business Concerns
FAR 52.219-13 Utilization of Women-Owned Small Businesses
FAR 52.220-3 Utilization of Labor Surplus Area Concerns
FAR 52.222-3 Convict Labor
FAR 52.222-26 Equal Opportunity (Add Alternate I as a special provision when applicable.)
FAR 52.222-35 Affirmative Action for Special Disabled and Vietnam Era Veterans
FAR 52.222-36 Affirmative Action for Handicapped Workers
FAR 52.222-37 Employment Reports on Special Disabled
Veterans and Veterans of Vietnam Era
FAR 52.223-6 Drug-Free Workplace
FAR 52.225-13 Restrictions on Contracting with Sanctioned Persons
252.225-7016 and Restriction on Acquisition of Foreign Machine Tools
Alternate I (if applicable)
FAR 52.227-1 and Authorization and Consent
Alternate I
FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement
FAR 52.227-14 Rights in Data - General (Specify applicable Alternate in contract.)
252.227-7013 and Rights in Technical Data and Computer Software
Alternate I
252.227-7018 Restrictive Markings on Technical Data
252.227-7029 Identification of Technical Data
**252.227-7030 Technical Data - Withholding of Payment
FAR 52.228-7 Insurance - Liability to Third Persons (Alternates I and II, if applicable)
**252.231-7000 Supplemental Cost Principles (Applies to nonprofit institutions, when allowability of costs is determined under FAR Subpart 31.2)
FAR 52.232-23 Assignment of Claims
FAR 52.232-25 Prompt Payment
FAR 52.233-1 Disputes
FAR 52.233-3 and Protest After Award
Alternate I
252.235-7004 Option to Extend the Term of the Contract
252.235-7005 Contractor-Acquired Property
252.235-7006 Title to Contractor-Acquired Property
252.235-7007 Advance Payments
252.235-7008 Inspection and Acceptance
252.235-7009 Restriction on Printing
FAR 52.242-1 Notice of Intent to Disallow Costs
252.242-7001 Certification of Indirect Cost
252.242-7004 Material Management and Accounting System
**FAR 52.243-2 and Changes - Cost-Reimbursement
Alternate V
FAR 52.244-2 and Subcontracts (Cost-Reimbursement and Letter Contracts
Alternate I
FAR 52.244-5 Competition in Subcontracting
FAR 52.245-5 and Government Property (Cost-Reimbursement, Time-and-Material,
Alternate I or Labor-Hour Contracts.)
FAR 52.247-63 Preference for U.S.-Flag Air Carriers
FAR 52.251-1 Government Supply Sources
252.251-7000 Ordering from Government Supply Sources
FAR 52.253-1 Computer Generation of Forms by the Public
(3) The following clauses should be incorporated by reference in all SFRC contracts of $100,000or more. Clauses with a double asterisk (**) apply to nonprofit organizations only.
FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions
252.203-7000 Statutory Prohibitions on Compensation to Former Department of Defense Employees
FAR 52.222-2 Payment for Overtime Premiums (The word "zero" is inserted in the blank space indicated by an asterisk.)
FAR 52.223-2 Clean Air and Water Act (Applies if contract amount exceeds the dollar amount set forth in the preamble to the clause.)
**FAR 52.230-2 Cost Accounting Standards (If contract is not exempt under 48 CFR Chapter 99 (Appendix B, FAR looseleaf edition), Subpart 9903.201.)
**FAR 52.230-3 Disclosure and Consistency of Cost Accounting Practices (If contract is not exempt under FAR 48 CFR Chapter 99 (Appendix B, FAR looseleaf edition), Subpart 9903.201.)
**FAR 52.230-5 Administration of Cost Accounting Standards (If contract is not exempt under 48 CFR Chapter 99 (Appendix B, FAR looseleaf edition), Subpart 9903.201.)
252.231-7001 Penalties for Unallowable Costs
252.233-7000 Certification of Claims and Requests for Adjustment or Relief
(4) The following clauses should be incorporated by reference, if applicable.
FAR 52.215-22 Price Reduction for Defective Cost or Pricing Data
FAR 52.215-24 Subcontractor Cost or Pricing Data (Applies only if FAR 52.215-22 applies.)
FAR 52.215-27 Termination of Defined Benefit Pension Plans (Applies if certified cost and pricing data are required and cost determinations are subject to FAR Subpart 31.2.)
252.215-7000 Pricing Adjustments (Applicable if FAR 52.215-23, 24, or 25 applies.)
FAR 52.216-8 Fixed Fee (Applies in cost-plus-fixed-fee contracts.)
FAR 52.216-11 and Cost Contract - No Fee
Alternate I
FAR 52.216-12 and Cost Sharing Contract - No Fee
Alternate I
252.225-7000 Pricing Adjustments (Applies if FAR 52.215-23, 24, or 25 applies.)
252.225-7023 Reporting of Subcontracts (Applies only when contract action exceeds $500,000, or when any modification increases contract amount to more than $500,000.)
FAR 52.227-11 Patents Rights - Retention by the Contractor (Short Form)
252.227-7034 Patents - Subcontracts
252.227-7039 Patents - Reporting of Subject Inventions
FAR 52.232-9 Limitation on Withholding of Payments
FAR 52.232-17 Interest
FAR 52.232-20 Limitation of Cost (Applies only when contract is fully funded.)
FAR 52.232-22 Limitation of Funds (Applies only when contract is incrementally funded.)
FAR 52.232-28 Electronic Funds Transfer Payment Methods
FAR 52.246-23 Limitation of Liability
FAR 52.246-24 Limitation of Liability - High Value Items
FAR 52.246-25 Limitation of Liability - Services
FAR 52.249-5 Termination for Convenience of the Government (Educational and Other Nonprofit Institutions) (Applies if work is done on a no-profit or no-fee basis)
FAR 52.249-6 Termination (Cost Reimbursement) (Applies if work is performed on a fee or profit basis.)
FAR 52.249-14 Excusable Delays (Applies only to contracts in which FAR 52.249-6 applies.)
235.016 Broad agency announcement.
To help achieve the goals of Section 1207 of Pub. L. 99-661 (see Part 226), contracting officers shall--
(1) Whenever practicable, reserve discrete or severable areas of research interest contained in broad agency announcements for exclusive competition among historically black colleges and universities and minority institutions;
(2) Indicate such reservation--
(i) In the broad agency announcement; and
(ii) In the announcement synopsis (see 205.207(d)(v)).
235.017 Federally Funded Research and Development Centers.
(a)Policy.
(2) No DoD fiscal year 1992 or later funds may be obligated or expended to finance activities of a DoD Federally Funded Research and Development Center (FFRDC) if a member of its board of directors or trustees simultaneously serves on the board of directors or trustees of a profit-making company under contract to DoD, unless the FFRDC has a DoD-approved conflict of interest policy for its members (Section 8107 of Pub. L. 102-172 and similar sections in subsequent Defense appropriations acts).
235.017-1 Sponsoring Agreements.
(c)(4) DoD-sponsored FFRDCs that function primarily as research laboratories (C3I Laboratory operated by the Institute for Defense Analysis, Lincoln Laboratory operated by Massachusetts Institute of Technology, and Software Engineering Institute) may respond to solicitations and announcements for programs which promote research, development, demonstration, or transfer of technology (Section 217, Pub. L. 103-337).
235.070 Indemnification against unusually hazardous risks.
235.070-1 Indemnification under research and development contracts.
(a) Under 10 U.S.C. 2354 and if authorized by the Secretary concerned, or designee under 10 U.S.C. 2356, contracts for research and/or development may provide for indemnification of the contractor or subcontractors for--
(1) Claims by third persons (including employees) for death, bodily injury, or loss of or damage to property; and
(2) Loss of or damage to the contractor's property to the extent that the liability, loss, or damage--
(i) Results from a risk that the contract defines as "unusually hazardous;"
(ii) Arises from the direct performance of the contract; and
(iii) Is not compensated by insurance or other means.
(b) Clearly define the specific unusually hazardous risks to be indemnified. Submit this definition for approval with the request for authorization to grant indemnification. Include the approved definition in the contract.
235.070-2 Indemnification under contracts involving both research and development and other work.
These contracts may provide for indemnification under the authority of both 10 U.S.C. 2354 and Pub. L. 85-804. Pub. L. 85-804 will apply only to work to which 10 U.S.C. 2354 does not apply. Actions under Pub. L. 85-804 must also comply with FAR Subpart 50.4.
235.070-3 Contract clauses.
When the contractor is to be indemnified in accordance with 235.070-1, use either--
(a) The clause at 252.235-7000, Indemnification Under 10 U.S.C. 2354-Fixed Price; or
(b) The clause at 252.235-7001, Indemnification Under 10 U.S.C. 2354-Cost-Reimbursement, as appropriate.
235.071 Additional contract clauses.
(a) Use the clause at 252.235-7002, Animal Welfare, or one substantially the same, in solicitations and contracts awarded in the United States, its possessions, and Puerto Rico involving research on live vertebrate animals.
(b) Use the clause at 252.235-7003, Frequency Authorization, in solicitations and contracts for developing, producing, constructing, testing, or operating a device requiring a frequency authorization.
(c) Use the clause at 252.235-7010, Acknowledgement of Support and Disclaimer, in solicitations and contracts for research and development.
(d) Use the clause at 252.235-7011, Final Scientific or Technical Report, in solicitations and contracts for research and development.
SUBPART 235.70--RESEARCH AND DEVELOPMENT STREAMLINED
CONTRACTING PROCEDURES-TEST
235.7000 Scope.
This subpart prescribes streamlined acquisition procedures for use in support of DoD laboratories in acquiring research and development, as defined in 235.001 and FAR 35.001.
[Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
235.7001 Definitions.
As used in this subpart-
(a) "Research and development standard contract (RDSC)" means the contract that results from the use of the research and development streamlined solicitation (RDSS), or other solicitation procedures that meet the criteria for use of the RDSS.
[(b)] "Supplemental package" is part of the streamlined solicitation, if appropriate. It contains any information that is too voluminous to be included in the solicitation published in the Commerce Business Daily.
[Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
235.7002 Applicability.
(a) [The following c]ontracting offices that have been approved by the Director of Defense Procurement for participation in the test [and] may use the procedures of this subpart [pending implementation of permanent procedures] --
(1) Army: Army Materiel Command contracting offices when contracting for Army Research Laboratory, Missile Research & Development Center, and the Medical Research & Development Command; Army Corps of Engineers contracting offices when contracting for the Waterways Experiment Station; Army Soldier Systems Command contracting office.
(2) Navy: Naval Research Laboratory contracting office; Naval Surface Warfare Center contracting offices when contracting for the Carderock, Crane, Dahlgren, Indian Head and Port Hueneme divisions; Naval Undersea Warfare Center contracting office; Naval Command, Control and Ocean Surveillance Center contracting office.
(3) Air Force: Air Force Material Command contracting offices when contracting for Armstrong Laboratory, Phillips Laboratory, Rome Laboratory, Wright Laboratory.
(4) Defense Agencies: Armed Forces Radiobiology Research Institute contracting office, Defense Special Weapons Agency contracting office.
(b) Consider using the procedures in this subpart when the acquisition will result in a cost-reimbursement type contract that is valued at $10,000,000 or less and meets the criteria for research and development as defined in 235.001 and FAR 35.001. [The procedures in this subpart shall not be used for-
(1) Contracts to be performed outside of the United States and Puerto Rico;
(2) Contracts denominated in other than U.S. dollars; or
(3) Acquisitions using simplified acquisition procedures.]
(c) Do not use the procedures of this subpart to contract for "engineering development," "operational system development," or "management and support" as defined in 235.001; or for laboratory supplies and equipment, base support services, or other services identified in FAR 37.101 (a) through (h).
(d) Regardless of whether or not the RDSS is used, the contracting officer may use the [research and development streamlined contracting] format at 235.7006 for any acquisition that meets the criteria in 235.7002(b).
[Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
235.7003 [Reserved]
237.7004 The Research and development streamlined solicitation (RDSS).
235.7004-1 General.
The RDSS process consists of:
(a) Synopsis.
The synopsis required by FAR 5.203(a), in addition to providing the information set forth at FAR 5.207, must advise potential offerors that a conventional solicitation will not be issued but that the solicitation will appear in a subsequent edition of the Commerce Business Daily (CBD). The synopsis must also advise potential offerors to provide address information to the office indicated in order to be included on the mailing list for any supplemental packages and/or amendments.
(b) Solicitation.
The solicitation is published in a second CBD notice. The solicitation consists of the information listed at 235.7006(c)(A.1), including the statement of work, and incorporates by reference the appropriate terms and conditions in the format at 235.7006. FAR 5.207 limits submissions to the CBD to 12,000 textual characters (approximately 3 1/2 single-spaced pages).
(c) Supplemental package.
Use a supplemental package if the solicitation must exceed 3 1/2 single-spaced pages, or to provide forms or other printed material to potential offerors. Send the supplemental package on the date the solicitation is published in the CBD to all interested parties that provide address information.
(d) Amendments.
Amend the RDSS as set forth at 235.7004-2(f).
235.7004-2 Solicitation procedures.
(a) Publish the synopsis as soon as the information required by FAR 5.207 is available.
(b) Publish the solicitation no earlier than 15 days after publication of the synopsis and include, as a minimum, the information required by 235.7006(c)(A.1) and a reference to the synopsis.
(c) Send any supplemental package on the date the solicitation is published in the Commerce Business Daily, to all interested parties that provided address information.
(d) In accordance with FAR 5.203(b), establish a due date for submission of offers that is no earlier than 45 days after publication of the synopsis.
(e) Request cost and technical proposals from all offerors. To encourage preparation of better cost proposals, consider allowing a delay between the due dates for technical and cost proposals.
(f) Amend the solicitation, if necessary, by forwarding an SF30, Amendment of Solicitation/Modification of Contract, to all interested parties that provided address information in response to the synopsis.
(g) Post copies of all Commerce Business Daily notices in accordance with FAR 5.101(a)(2).
235.7004-3 Proposal evaluation and contract award procedures.
(a) Evaluate proposals in accordance with FAR Subpart 15.6, as supplemented by departmental procedures and this subpart.
(b) Select the proposal which offers the greatest value in terms of the evaluation factors set forth in the RDSS.
(c) Before award, require the apparent successful offeror to submit the representations and certifications set forth in 235.7006(c), Section K, Representations, Certifications and Other Statements of Offerors or Quoters.
(d) Whenever appropriate, award without discussion pursuant to FAR 52.215-16, Alternate (II).
[Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
235.7005 The research and development standard contract (RDSC).
The RDSC is the [streamlined] contract that results from the use of the RDSS or other solicitation procedures that meet the criteria for use of the RDSS. Include the following in RDSCs:
(a) Standard Form (SF) 33, Solicitation, Offer and Award, or SF 26, Award/Contract;
(b) Sections B through J of the RDSS or other solicitation, with applicable full-ins completed and clause dates added.
[Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
[per DFARS Case 97-D302 and D.L. 97-014, dated 11 July 97]
235.7006 The research and development streamlined contracting format.
(a) The clauses and provisions prescribed in the exhibit to paragraph (d) of this section are mandatory unless they are marked with an asterisk. Terms, clauses and provisions marked with an asterisk are for use as appropriate as prescribed elsewhere in FAR and DFARS. List [in the solicitation published in the Commerce Business Daily (see paragraph (d)(A.1)(v) of this section)] the numbers of any asterisked terms, clauses and provisions that apply to the acquisition[, and the text of any special provisions, instructions, or notices that are approved for use] in the solicitation.
(b) At the time of contract award to educational or nonprofit institutions, delete those clauses and provisions that do not apply to such institutions, and, as necessary, replace with the appropriate alternatives. For example, FAR 52.203-10 will be included in all solicitations, but deleted in awards to educational institutions.
(c) [T]he use of FAR and DFARS provisions and , and nonstandard provisions and clauses approved for agency use, that are not in the research and development streamlined contract format [provided by the Exhibit in this section, shall be approved in accordance with agency procedures].
research and development streamlined contracting format at 235.7006. Any other modification of the research and development streamlined contracting format of procedures requires approval of the Director of Defense Procurement. Each Test Oversight Committee member shall ensure that the supporting data is accurate and complete.
(d) [The r]esearch and development streamlined contracting format is set forth in the following exhibit;
Exhibit--Research and Development Streamlined Contracting Format
Part I-The Schedule.
[Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
Section A, Solicitation/Contract Form.
(A.1) Research and development streamlined solicitation (RDSS). Include the following in the RDSS:
(i) Solicitation number;
(ii) A statement that award will be made in accordance with DFARS Subpart 235.70, Research and Development Streamlined Contracting Procedures.
(iii) A statement as to whether the RDSS includes a supplemental package.
(iv) Instructions for obtaining any supplemental package, including use of Electronic Bulletin Boards, as appropriate.
(v) A statement that all of the mandatory terms, clauses, and provisions, and certain asterisked terms, clauses, and provisions in DFARS 235.7006 are incorporated by reference. This statement must list the asterisked terms, clauses and provisions that apply. (For example: "All of the mandatory terms, clauses and provisions at DFARS 235.7006, Research and development streamlined contract format, and the following items [listed therein for use as applicable] are incorporated by reference: B.4, B.5, C.1, E.3, I.80[.]") [Additions to and deletions from the clauses and provisions listed in the standard format, and data required to be inserted in blanks in clauses or solicitation provisions, when known at the time the solicitation is published, must be clearly annotated in the RDSS];
(vi) A statement that the clauses and provisions are those in effect through FAC ___[,]
DAC ___[, and Departmental Letter No. _____];
(vii) A statement that the standard evaluation factors at Section M of this subpart apply, or, if they do not apply, the applicable evaluation factors. If the standard evaluation factors are modified in any way, the modifications must be clearly expressed so that the result is unambiguous. Additions to and deletions from Section M must be clearly annotated in the RDSS.
(viii) Identification of data requirements by including either:
(A) A summary of the data requirements that identifies all deliverable data items, and specifies number of copies and frequency of delivery; or
(B) A notice that DD Form 1423, Contract Data Requirements List, is included in the supplemental package;
(ix) Type of cost contract contemplated;
(x) Estimated period of performance;
(xi) Notice of preproposal conference, if applicable, with location, date, and time;
(xii) Notice of small business or other set-aside, if applicable;
(xiii) Notice of place, date, and time technical and cost proposals are due;
(xiv) Number of copies of technical and cost proposals required;
(xv) Proposal page limitations;
(xvi) Whether multiple awards are contemplated;
(xvii) Name, address, and telephone number of contracting officer;
(xviii) Any applicable Commerce Business Daily numbered notes;
(xix) Statement that a DD Form 254, Contract Security Classification Specification, will be included in the supplemental package, if appropriate; and
(xx) The statement of work, or a statement that the statement of work is in the supplemental package[; and
(xxi) The applicable Standard Industrial Classification (SIC) code and small business size standard].
(A.2) Research and development [streamlined] contract (RDSC). Use either Standard Form
(A.2) Research and development standard contract (RDSC). Use either Standard Form (SF) 33, Solicitation, Offer, and Award, or SF 26, Award/Contract.
Section B, Supplies or Services and Prices/Costs.
(Use appropriate CLIN structure. Include item descriptions.)
(B.1) Type of Contract.
This is a contract.
*(B.2) Estimated Cost. (Use when no fee will be paid)
The total estimated cost for this contract is $ .
*(B.3) Cost Plus Fixed Fee. (Applicable to fee-bearing contracts)
The total estimated cost for this contract is $ .
The total fixed fee for this contract is $ .
*(B.4) Award Fee. (Applicable to award fee-type contracts)
In addition to the fee set forth elsewhere in the contract, the Contractor may earn an award fee up to $ on the basis of performance during the performance periods, and in the amount specified in the award fee plan.
(i) Monitoring of performance. The contractor's performance will be monitored continually by the Award Fee Review Board.
(ii) Award fee plan. This plan provides necessary administrative information, including the evaluation criteria and schedule, for the purpose of implementing the award fee provision. Upon contract award, the Contractor will be provided the award fee plan subject to any withholdings authorized by the (insert appropriate contracting official).
(iii) Modification of award fee plan. Before the start of an evaluation period the Government may unilaterally:
(A) Modify the award fee performance evaluation criteria and areas applicable to the evaluation period; and
(B) Redistribute the remaining award fee dollars among the remaining periods. The Contracting Officer will notify the Contractor in writing of the changes and modify the award fee plan accordingly.
(iv) The following standards of performance shall be used in determining whether and to what extent the Contractor has earned or may be entitled to receive any award fee:
(A) Excellent performance: Contractor performance of virtually all contract task requirements is uniformly well above standard and exceeds the standard by a substantial margin in numerous significant tangible or intangible benefits to the Government (i.e., improved quality, responsiveness, increased timeliness, or generally enhanced effectiveness of operations). There are few areas for improvement; these areas are all minor; there are no recurring problems; and management has initiated effective corrective action whenever needed.
(B) Very good performance: The contractor's performance of most contract task requirements is uniformly well above standard and exceeds the standard in many significant areas. Although some areas may require improvements, these are minor and are more than offset by better performance in other areas. Few, if any, recurring deficiencies have been noted in the Contractor's performance and the contractor has demonstrated/taken satisfactory corrective action. Innovative management actions have resulted in tangible or intangible benefits to the Government (i.e., improved quality, responsiveness, increased quantity, increased timeliness, or generally enhanced effectiveness of operations).
(C) Good performance: Contractor's performance of most contract task requirements meets the standard, and it exceeds the standard in several significant areas. While the remainder of the contractor's effort generally meets contract requirements, areas requiring improvement are more than offset by better performance in other areas. Management actions taken or initiated have resulted in some demonstrated benefits to the Government (i.e., improved quality, responsiveness, timeliness, or effectiveness of operations).
(D) Marginal performance: Contractor performance meets most contract standards. Although there are areas of good or better performance, these are more or less offset by lower rated performance in other areas. Little additional tangible benefit is observable due to contractor effort or initiative.
(E) Submarginal performance: Contractor performance is below standard in several areas. Contractor performance in accordance with requirements is inconsistent. Quality, responsiveness, timeliness, and/or economy in many areas require attention and action. Corrective actions have not been taken, or are ineffective. Overall submarginal performance shall not be given award fee.
(v) Maximum payable award fee. The maximum payable award fee in any evaluation period shall be determined based on the amount set forth in the applicable contract line items and a percentage based on the Government's evaluation [of] the Contractor's performance as follows:
Percent of Maximum
Performance Award Fee Payable
Excellent % to %
Very Good % to %
Good % to %
Marginal % to %
Submarginal 0%
(vi) Self-evaluation. The Contractor may submit to the Contracting Officer within five working days after the end of each award fee evaluation period, a brief written self-evaluation of its performance for the period. This statement may contain information which may be used to assist the Award Fee Review Board in its evaluation of the Contractor's performance during the period.
(vii) Disputes. The decision of the Fee Determining Official on the amount of award fee will not be subject to the "Disputes" clause.
(viii) Award fee payment.
(A) As determined by the Fee Determining Official, payment of any award fee will not be subject to the "Allowable Cost and Payment" and "Termination (Cost Reimbursement)" clauses of this contract.
(B) The Contractor may submit vouchers for the award fee immediately upon receipt of the Contracting Officer's award fee notification.
[Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
*(B.5) Target Cost and Fee. (Applicable to incentive fee-type contracts [The following information shall be inserted into the appropriate blanks in clause I.54.])
The target cost is $ .
The target fee is $ .
The minimum fee the contractor may receive $ .
The maximum fee the contractor may receive $ .
Share ration:
(Government/Contractor)
*(B.6) Payment of Fixed Fee on Cost-plus-fixed-fee (Completion) Contracts. The fixed fee shall be paid in monthly installment based upon the percentage of completion of work as determined by theAdministrative Contracting Officer, subject to the withholding provisions of the Contract.
*(B.7) Payment of Fixed Fee on Cost-plus-fixed-fee (Term) Contracts. (Applicable to cost-plus-fixed-fee (term) contracts when the clause at FAR 52.216-8, Fixed Fee, is used.) Pursuant to the clause at FAR 52.216-8, Fixed Fee, and subject to withholding provisions contained in that clause or elsewhere in this contract, fixed fee shall be paid to the Contractor based upon the percentage of hours completed as related to the total hours set forth in the contract on each voucher. The Contractor shall certify to the level of effort expended during that period. The Government technical representative shall sign a statement on the certificate that the work performed during the period has been performed satisfactorily.
*(B8) Options. (Applicable to contracts with options) The Government may require performance of the work required by CLIN . The Contracting Officer shall provide written notice of intent to exercise this option to the Contractor on or before . If the Government exercises this option by (insert date), the Contractor shall perform at the estimated cost and fee, if applicable, set forth below.
Estimated Cost $
OR
Estimated Cost $
Fixed Fee $
Total $
OR
Estimated Cost $
Base Fee $
Maximum Award Fee $
Total $
OR
Target Cost $
Minimum Fee $
Target Fee $
Maximum Fee $
Share Ratio $
Section C, Description/Specifications/Work Statements.
*(C.1) Classified Work Statement. (Applicable if Section C is classified.) The description/specifications/work statement entitled,
" ," classified , dated , is incorporated herein by reference. A copy may be obtained from the Contracting Officer, if a need-to-know is established and appropriate security clearance has been granted.
*(C.2) Unclassified Work Statement. (Applicable if Section C is unclassified and is attached to the contract.) The description/specifications/work statement is included as Attachment
.
*(C.3) Contractor's Technical Proposal. (Applicable if portions of the Contractor's proposal are incorporated by reference. Include only those portions of the proposal that specifically describe the workto be performed.) The Contractor's proposal entitled, " ," pages , dated , is incorporated herein by reference.
Section D, Packing and Marking.
(D.1) Commercial Packaging.
Preservation, packaging, and packing shall proved adequate protection against physical damage during shipment for all deliverable items in accordance with standard commercial practices.
Section E, Inspection and Acceptance.
(1) Federal Acquisition Regulation clauses.
*(E.1) 52.246-8 Inspection of Research and
Development - Cost Reimbursement
*(E.2) 52.246-8 Inspection of Research and
Development - Cost Reimbursement
(Alternate I)
*(E.3) 52.246-9 Inspection of Research and
Development (Short Form)
*(E.4) 252.246-7000 Material Inspection and Receiving
Report
(3) Other provisions.
*(E.5) Inspection and Acceptance
Inspection and acceptance of any and all deliverables under this contract will be accomplished by the contracting officer or a designated representative.
Section F, Deliveries or Performance.
[Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
*(F.1) FAR [52.242-15]Stop Work Order-Alternate I
(F.2) Delivery of Reports.
(i) All data shall be delivered in accordance with the delivery schedule shown on the Contract Data Requirements List, attachments, or as incorporated by reference.
(ii) All reports and correspondence submitted under this contract shall include the contract number and project number and be forwarded prepaid. A copy of the letters of transmittal shall be delivered to the Procuring Contracting Officer (PCO) and the Administrative Contracting Officer (ACO). The addresses are set forth on the contract award cover page. All other address(es) and code(s) for consignee(s) are as set forth in the contract or incorporated by reference.
[Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
*(F.3) FAR 52.247-55 F.O.B. Point for Delivery of Government-Furnished Property
[*(F.4.) The work under this contract shall commence on ____________ and be completed no later than ____________.]
Section G, Contract Administration Data.
*(G.1) Contractor Payment Address. (To be filled in at time of contract award. Applicable if the Contractor has specified a payment address other than the address shown on the cover page of the contract.)
Contract Payment Address:
*(G.2) Incremental Funding. (Applicable to incrementally funded contracts.) This contract is incrementally funded pursuant to the "Limitation of Funds clause, FAR 52.232-22. Funds are hereby obligated in the amount of $ and it is estimated that they are sufficient for contract performance through . From time to time, additional funds will be allotted to the contract in accordance with FAR 52.232-22.
[Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
*(G.3)[Incremental Funding. (Applicable to incrementally funded contracts.) This contract is incrementally funded pursuant to the Limitation of Funds clause, FAR 52.232-22. Funds are hereby obligated in the amount of $_________ and it is estimated that they are sufficient for contract performance through ___________. Additional incremental funding planned, but not obligated, is:
(Insert funding schedule.)
*(G.4.)] Request for Equal Opportunity Preaward Clearance of Subcontracts. (Applicable to subcontracts over $1 million.) To provide the Contracting Officer with adequate time to process the Contractor's request for preaward clearance of subcontracts as required by FAR 52.222-28, the prime contractor shall request preaward clearance through the Contracting Officer at least 30 calendar days before the proposed award date, unless the cognizant Department of Labor Compliance Office agrees to a shorter time.
*(G.[5]) Contracting Officer's Representative. (To be filled in at time of contract award.)
The Contract Officer's Representative for this contract is:
[*(G.6.) Invoice Instructions.
(Insert invoice instructions.)
(G.7.) Accounting and Appropriation Data
(Insert accounting and appropriation data.)]
Section H, Special Contract Requirements.
(H.1) Incorporation of Section K by Reference. Pursuant to Federal Acquisition Regulation (FAR) 15.406-1(b), Section K of the solicitation is hereby incorporated by reference.
*(H.2) Rent-Free Use of Government Property. The Contractor may use on a rest-free, noninterference basis, as necessary for the performance of this contract, the Government property accountable under contract(s) . The Contractor is responsible for scheduling the use of all property covered by the above referenced contract(s) and the Government shall not be responsible for conflicts, delays, or disruptions to any work performed by the Contractor due to use of any or all such property under this contract or any other contracts under which use of such property is authorized.
*(H.3) Government-Furnished Property. The Government will furnish to the Contractor for use in the performance of the contract on a rent-free basis the Government-owned property listed in an attachment to this contract, subject to the provisions of the Government Property Clause of the Contract Clauses.
(H.4) Scientific/Technical Information. If not already registered, the Contractor is encouraged to register for Defense Technical Information Center (DTIC) service by contacting the following:
Defense Technical Information Center
Attn: Registration Section (DTIC-BCS)
8725 John J. Kingman Road, Suite 0944
Fort Belvoir, VA 22060-6218
(703 767-8273, or
1-800-CAL-DITC (225-3842), menu selection 2
To avoid duplication of effort and conserve scientific and technical resources, the Contractor is encouraged to search existing sources in DTIC to determine the current state of the art concepts, studies, etc.
[Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
(H.5) [Reserved]
*(H.6) (Insert nonstandard clause[(s)] approved in accordance with [agency procedures], if applicable.)
Part II-Contract Clauses.
[Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
Section I, Contract Clauses.
(I.1) 52.252-2 Clauses Incorporated by reference
(I.2) 52.202-1 Definitions
[per DFARS Case 97-D302 and D.L. 97-014, dated 11 July 97]
[(I.211) 252.243-7002 Certification of Requests for Equitable Adjustment]
(I.3) Reserved
(I.4) 52.203-3 Gratuities
(I.5) 52.203-5 Covenant Against Contingent Fees
(I.6) 52.203-7 Anti-Kickback Procedures
(I.7) 52.203-10 Price of Fee Adjustment for Illegal or Improper Activity (Except educational institutions.)
(I.8) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
(I.9) Reserved
(I.10) Reserved
(I.11) Reserved
(I.12) 52.215-26 Integrity of Unit Prices
(I.13) 52.215-33 Order of Precedence
(I.14) 52.216-7 Allowable Cost and Payment (Modified in accordance with 16.307 as applicable.)
(I.15) Reserved
(I.16) Reserved
(I.17) Reserved
(I.18) Reserved
(I.19) 52.222-3 Convict Labor
(I.20) 52.222-26 Equal Opportunity
(I.21) 52.222-35 Affirmative Action for Special Disabled and Vietnam Era Veterans
(I.22) 52.222-36 Affirmative Action for Handicapped Workers
(I.23) 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era
(I.24) 52.223-6 Drug-Free Workplace
(I.25) 52.225-11 Restrictions on Certain Foreign Purchases
(I.26) 52.227-1 Authorization and Consent-Alternate I
(I.27) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement
(I.28) 52.228-7 Insurance-Liability to Third Persons
(I.29) 52.232-9 Limitation on Withholding of Payments
(I.30) 52.232-23 Assignment of Claims
(I.31) 52.232-25 Prompt Payment
(I.32) [Reserved] [Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
(I.33) 52.233-1 Disputes
(I.34) 52.233-3 Protest After Award-Alternate I
(I.35) 52.242-1 Notice of Intent to Disallow Costs
(I.36) 52.242-13 Bankruptcy
(I.37) 52.244-2 Subcontracts (Cost-Reimbursement and Letter Contracts) Alternate I
(I.38) 52.244-5 Competition in Subcontracting
(I.39) 52.247-1 Commercial Bill of Lading Notations
(I.40) 52.249-14 Excusable Delays
(I.41) 52.253-1 Computer-Generated Forms
*(I.42) [Reserved] [Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
*(I.43) [Reserved] [Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
*(I.44) 52.204-2 Security Requirements
*(I.45) 52.204-2 Security Requirements-Alternate I (For educational institutions.)
*(I.46) 52.215-22 Price Reduction for Defective cost or Pricing Data
*(I.47) 52.215-23 Price Reduction for Defective Cost or Pricing Data-Modifications
*(I.48) 52.215-24 Subcontractor Cost or Pricing Data
*(I.49) 52.215-25 Subcontractor Cost or Pricing Data-Modifications
*(I.50) 52.215-27 Termination of Defined Benefit Pension Plans (Except educational institutions.)
*(I.51) 52.215-31 Waiver of Facilities Capital Cost or Money (Except educational institutions.)
*(I.52) 52.215-39 Reversion or Adjustment of Plans for Post-retirement Benefits Other than Pension (PRB)
*(I.53) 52.216-8 Fixed Fee
*(I.54) 52.216-10 Incentive Fee
*(I.55) 52.216-11 Cost Contract-No Fee
*(I.56) 52.216-11 Cost Contract-No Fee-Alternate I
*(I.57) 52.216-12 Cost-Sharing Contract-No Fee
*(I.58) 52.216-12 Cost-Sharing Contract-No Fee-Alternate I
*(I.59) 52.216-15 Predetermined Indirect Cost Rates
*(I.59A) 252.216-7002 Alternate. (For educational institutions only.)
*(I.60) 52.219-6 Notice of Total Small Business Set-Aside
*(I.61) 52.219-6 Notice of Total Small Business Set-Aside-Alternate I
[(I.62) Reserved] [Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
*(I.63) Reserved
*(I.64) 52.219-14 Limitations on Subcontracting
*(I.65) 52.219-16 Liquidated Damages-Small Business Subcontracting Plan
*(I.66) Reserved
*(I.67) 52.222-1 Notice to the Government of Labor Disputes
*(I.68) 52.222-2 Payment for Overtime Premiums
*(I.69) 52.222-28 Equal Opportunity Preaward Clearance of Subcontracts
*(I.70) 52.223-2 Clean Air and Water
*(I.71) 52.223-3 Hazardous Material Identification and Material Safety Data
*(I.72) 52.223-7 Notice of Radioactive Materials (21 Days)
*(I.73) 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises
*(I.74) 52.227-10 Filing of Patent Applications-Classified Subject Matter
*(I.75) 52.227-11 Patent Rights-Retention by the Contractor (Short Form)
*(I.76) 52.227-12 Patent Rights-Retention by the Contractor (Long Form)
*(I.77) 52.227-13 Patent Rights-Acquisition by the Government
*(I.78) [Reserved] [Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
*(I.79) [Reserved] [Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
*(I.80) 52.229-8 Taxes-Foreign Cost-Reimbursement Contracts
*(I.81) 52.229-10 State of New Mexico Gross Receipts and Compensating Tax
*(I.82) 52.230-2 Cost Accounting Standards (Except if exempted.)
*(I.83) 52.230-3 Disclosure and Consistency of Cost Accounting Practices (Except if Exempted.)
*(I.84) 52.230-[6] Administration of Cost Accounting Standards (Except educational institutions.)
*(I.85) 52.232-17 Interest
*(I.86) 52.232-20 Limitation of Cost
*(I.87) 52.232-22 Limitation of Funds
*(I.88) 52.232-23 Assignment of Claims-Alternate I
*(I.89) 52.233-1 Disputes-Alternate I
*(I.90) 52.237-2 Protection of Government Buildings, Equipment and Vegetation
*(I.91) 52.242-10 F.O.B. Origin - Government Bills of Lading or Prepaid Postage
*(I.92) 52.242-11 F.O.B. Origin - Government Bills of Lading of Indicia Mail
(I.93) 52.242-12 Report of Shipment (RESHIP)
*(I.94) 52.243-2 Changes-Cost-Reimbursement-Alternate V
*(I.95) 52.243-6 Change Order Accounting
*(I.96) 52.243-7 Notification of Changes (30 Calendar Days)
*(I.97) 52.245-5 Government Property (Cost-Reimbursement, Time-and-Material, or Labor-Hour Contracts)
*(I.98) 52.245-5 Government Property (Cost-Reimbursement, Time and Material, or Labor-Hour Contracts-Alternate I (For educational institutions and nonprofit organizations.)
*(I.99) 52.245-19 Government Property Furnished "As Is"
*(I.100) 52.246-23 Limitation of Liability
*(I.101) 52.246-24 Limitation of Liability-High Value Items
*(I.102) 52.246-24 Limitation of Liability-High Value Items-Alternate I
*(I.103) 52.246-25 Limitation of Liability-Services
*(I.104) 52.247-63 Preference for U.S.-Flag Air Carriers
*(I.105) 52.247-66 Returnable Cylinder
*(I.106) 52.249-5 Termination for Convenience of the Government (Educational and Other Nonprofit Institutions)
*(I.107) 52.249-6 Termination (Cost-Reimbursement)
*(I.108) 52.251-1 Government Supply Sources
*(I.109) 252.201-7000 Contracting Officer's Representative
*(I.110) 252.203-7001 Special Prohibition on Employment
*(I.111) Reserved
*(I.112) Reserved
*(I.113) 52.204-7003 Control of Government Personnel Work Product
*(I.114) 252.209-7000 Acquisition from Subcontractors Subject to On-Site Inspection under the Intermediate-Range Nuclear Forces (INF) Treaty
*(I.115) 252.225-7012 Preference for Certain Domestic Commodities
*(I.116) 252.225-7031 Secondary Arab Boycott of Israel
*(I.117) Reserved
*(I.118) Reserved
*(I.119) Reserved
*(I.120) 252.227-7030 Technical Data-Withholding of Payment
*(I.121) 252.227-7037 Validation of Restrictive Markings on Technical Data
*(I.122) 252.231-7000 Supplemental Cost Principles
*(I.123) 252.232-7006 Reduction or Suspension of Contract Payments Upon Finding of Fraud
*(I.124) 252.242-7000 Postaward Conference
*(I.125) Reserved
*(I.126) 252.247-7023 Transportation of Supplies by Sea
*(I.127) [Reserved] [Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
*(I.128) 252.203-7002 Display of DoD Hotline Poster
*(I.129) 252.204-7000 Disclosure of Information
*(I.130) 252.204-7002 Payment for Subline Items Not Separately Priced
*(I.131) 252.205-7000 Provision of Information to Cooperative Agreement Holders
*(I.132) 252.215-7000 Pricing Adjustments
*(I.133) 252.215-7002 Cost Estimating System Requirements
[Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
[*(I.134) 252.219-7001 Notice of Partial Small Business Set-Aside with Preferential Consideration for Small Disadvantaged Business Concerns, Alternate I]
*(I.135) 252.219-7002 Notice of Small Disadvantaged Business Set-Aside
[*(I.135A) 252.219-7002 Notice of Small Disadvantaged Business Set-Aside, Alternate I]
*(I.136) 252.219-7003 Small Business and Small Disadvantaged Business Subcontracting Plan (DoD Contracts)
*(I.137) 252.219-7004 Small Business and Small Disadvantaged Business Subcontracting Plan (Test Program)
*(I.138) 252.219-7005 Incentive for Subcontracting with Small Businesses, Small Disadvantaged Businesses, Historically Black Colleges and universities and Minority Institutions (. . . To be negotiated _______%.)
*(I.139) 252.219-7005 Incentive for Subcontracting with Small Businesses, Small Disadvantaged Businesses, Historically Black Colleges and Universities and Minority Institutions-Alternate I (... To be negotiated ________ %.)
*(I.140) 252.219-7006 Notice of Evaluation Preference or Small Disadvantaged Business Concerns
*(I.141) 252.223-7001 Hazard Warning Labels
*(I.142) 252.223-7002 Safety Precautions for Ammunition and Explosives
*(I.143) 252.223-7003 Change in Place of Performance-Ammunition and Explosives
*(I.144) 252.223-7004 Drug-Free Work Force
*(I.145) 252.225-7014 Preference for Domestic Specialty Metals
*(I.146) 252.225-7016 Restriction on Acquisition of Antifriction Bearings
*(I.147) 252.225-7025 Foreign Source Restrictions
*(I.148) 252.225-7026 Reporting of Contract Outside the United States
*(I.149) 252.225-7032 Waiver of United Kingdom Levies
*(I.150) 252.226-7000 Notice of Historically Black College or University and Minority Institution Set-Aside
*(I.151) 252.227-7026 Deferred Delivery of Technical Data or Computer Software
*(I.152) 252.227-7027 Deferred Ordering of Technical Data or Computer Software
(I.153) Reserved
*(I.154) 252.227-7034 Patent--Subcontracts
*(I.155) 252.227-7036 Certification of Technical Data Conformity
*(I.156) 252.227-7039 Patents--Reporting of Subject Inventions
(I.157) Reserved
*(I.158) 252.232-7000 Advance Payment Pool (For educational institutions and nonprofit organizations.)
*(I.159) [Reserved] [Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
*(I.160) 252.235-7002 Animal Welfare
*(I.161) 252.242-7002 Submission of Commercial Freight Bills for Audit
*(I.162) 252.242-7003 Application for U.S. Government Shipping Documentation/ Instructions
*(I.163) 252.242-7004 Material Management and Accounting System
*(I.164) 252.245-7001 Reports of Government Property
*(I.165) 252.247-7024 Notification of Transportation of Supplies by Sea
*(I.166) [Reserved] [Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
*(I.167) 252.251-7000 Ordering From Government Supply Sources
*(I.168) 252.223-7006 Prohibition on Disposal of Toxic and Hazardous Materials
*(I.169) 252.249-7002 Notification of Program Termination or Reduction
(I.170) 52.204-4 Printing/Copying Double-Sided on Recycled Paper
*(I.171) 52.208-8 Helium Requirement Forecast and Required Sources for Helium
(I.172) 52.215-2 Audit and Records--Negotiation
*(I.173) 52.215-2 Audit and Records--Negotiation, Alternate II
(I.174) 52.215-40 Notification of Ownership Changes
*(I.175) 52.215-42 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data-- Modifications
*(I.176) 52.215-42 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data- Modifications, Alternate II
*(I.177) 52.215-42 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data Modifications, Alternate III
(I.178) 52.219-8 Utilization of Small, Small Disadvantaged and Women-Owned Small Business Concern
*(I.179) 52.219-9 Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan
[*(I.179A) 52.219-9 Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan - Alternate II]
*(I.180) 52.242-3 Penalties for Unallowable Costs
(I.181) 52.242-4 Certification of Indirect Costs
(I.182) 52.244-6 Subcontracts for Commercial Items and Commercial Components
*(I.183) 52.247-67 Submission of Commercial Transportation Bills to the General Services Administration for Audit
(I.184) 52.223-14 Toxic Chemical Release Reporting
(I.185) 252.235-7010 Acknowledgment of Support and Disclaimer
(I.186) 252.235-7011 Final Scientific or Technical Report
*(I.187) 252.227-7013 Rights in Technical Data--Noncommercial Items
*(I.188) 252.227-7013 Rights in Technical Data--Noncommercial Items, Alternate I
*(I.189) 252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation
*(I.190) 252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation, Alternate I
*(I.191) 252.227-7015 Technical Data--Commercial Items
*(I.192) 252.227-7016 Rights in Bid or Proposal Information
*(I.193) 252.227-7018 Rights in Noncommercial Technical Data and Computer Software--Small Business Innovation Research Program
*(I.194) 252.227-7018 Rights in Noncommercial Technical Data and Computer Software--Small Business Innovation Research Program, Alternate I
*(I.195) 252.227-7019 Validation of Asserted Restrictions--Computer Software
*(I.196) 252.227-7025 Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends
*(I.197) 252.209-7005 Military Recruiting on Campus (For educational institutions only.)
[Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
[ (I.198) 52.203-6 Restrictions on Subcontractor Sales to the Government
I.199) 52.203-8 Cancellation, Recission, and Recovery of Funds for Illegal or Improper Activity
(I.200) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions
*(I.201) 52.211-15 Defense Priority and Allocation Requirements
*(I.202) 52.215-42 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data-Modifications, Alternate IV
*(I.203) 52.230-5 Cost Accounting Standards-Educational Institution
*(I.204) 52.232-18 Availability of Funds
(I.205) 52.232-33 Mandatory Information for Electronic Funds Transfer Payment
*(I.206) 52.245-18 Special Test Equipment
*(I.207) 52.252-6 Authorized Deviations in Clauses
*(I.208) 252.209-7004 Reporting of Commercial Transactions with the Government of a Terrorist Country
*(I.209) 252.223-7007 Safeguarding Sensitive Conventional Arms, Ammunition and Explosives
*(I.210) 52.223-11 Ozone-Depleting Substances]
Part III-List of Documents, Exhibits, and Other Attachments.
Section J, List of Attachments.
Use attachments and exhibits to inform the contractor of local information such as:
(1) Procedures for laboratory access;
(2) Laboratory hours of operation;
[Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
(3) Special procedures related to unique laboratory working environments which are not covered by FAR [or] DFARS; and
(4) Base support or government property information.
*(J.1) List of attachments:
*(J.2) List of Exhibits:
Part IV-Representations and Instructions.
Section K, Representations, Certifications and Other Statements of Offerors or Quoters.
The following solicitation provisions require representations, certifications or the submission of other information by offerors. They are mandatory, and are included by reference. Full text copies of these provisions are available from the Contracting Officer and must be completed and certified before contract award.
(K.1) [Reserved] [Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
(K.2) [Reserved] [Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
(K.3) 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions
(K.4) 52.204-3 Taxpayer Identification
(K.5) 52.209-5 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters
(K.6) 52.215-6 Type of Business Organization
(K.7) 52.215-11 Authorized Negotiators
(K.8) 52.215-20 Place of Performance
(K.9) [Reserved] [Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
(K.10) Reserved
(K.11) Reserved
(K.12) Reserved
(K.13) 52.222-21 Certification of Nonsegregated Facilities
(K.14) 52.222-22 Previous Contracts and Compliance Reports
(K.15) 52.222-25 Affirmative Action Compliance
(K.16) 52.223-1 Clean Air and Water Certification
(K.17) [Reserved] [Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
(K.18) 52.227-6 Royalty Information
(K.19) 52.230-1 Cost Accounting Standards Notices and Certification
(K.20) Reserved
(K.21) 252.209-7002 Disclosure of Ownership or Control by a Foreign Government
(K.22) 252.219-7000 Small Disadvantaged Business Concern Representation (DoD Contracts)
(K.23) Reserved
*(K.24) Reserved
(K.25) 252.226-7001 Historically Black College or University and Minority Institution Certification
(K.26) Reserved
(K.27) 252.247-7022 Representation of Extent of Transportation by Sea
(K.28) 52.204-5 Women-Owned Business
(K.29) 252.209-7 Organizational Conflicts of Interest Certificate--Marketing Consultants
(K.30) 252.219-1 Small Business Program Representation
(K.31) 252.223-13 Certification of Toxic Chemical Release Reporting
(K.32) 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country
(K.33) 252.209-7003 Disclosure of Commercial Transactions with the Government of a Terrorist Country
(K.34) 252.209-7004 Reporting of Commercial Transactions with the Government of a Terrorist Country
(K.35) [Reserved] [Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
(K.36) [Reserved] [Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
[(K.37) 52.226-2 Historically Black College or University and Minority Institution Representation]
Section L. Instructions, Conditions, and Notices to Offerors or Quoters.
(L.1) 52.252-1 Solicitation Provisions Incorporated by Reference
(L.2) Reserved
(L.3) 52.21[1]-2 Availability of Specifications and Standards Listed in the DoD Index of Specifications and Standards (DODISS) and Descriptions Listed in DoD 5010.12-L (Deviation)
(L.4) 52.215-5 Solicitation Definitions
(L.5) 52.215-7 Unnecessarily Elaborate Proposals or Quotations
(L.6) 52.215-8 Amendments to Solicitations
(L.7) 52.215-9 Submission of Offers
(L.8) 52.215-10 Late Submissions, Modifications, and Withdrawals of Proposals
(L.9) 52.215-12 Restriction on Disclosure and Use of Data
(L.10) 52.215-13 Preparation of Offers
(L.11) 52.215-14 Explanation to Prospective Offerors
(L.12) 52.215-15 Failure to Submit Offer
(L.13) 52.215-16 Contract Award
(L.14) Reserved
(L.15) 52.216-1 Type of Contract (See 235.7006(c)(B.1))
(L.16) 52.222-24 Preaward On-Site Equal Opportunity Compliance Review
(L.17) [Reserved] [Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
(L.18) 52.233-2 Service of Protest (See 235.7006(c)(A.1)(xvii))
(L.19) 52.237-1 Site Visit
(L.20) 52.252-5 Authorized Deviations in Provisions
(L.21) 252.204-7001 Commercial and Government Entity (CAGE) Code Reporting
(L.22) Reserved
(L.23) 52.215-16 Contract Award--Alternate II
*(L.24) 52.215-41 Requirements for Cost or Pricing Data or Information Other than Cost or Pricing Data
*(L.25) 52.215-41 Requirements for Cost or Pricing Data or Information Other than Cost or Pricing Data, Alternate I
*(L.26) 52.215-41 Requirements for Cost or Pricing Data or Information Other than Cost or Pricing Data, Alternate II
*(L.27) 52.215-41 Requirements for Cost or Pricing Data or Information Other than Cost or Pricing Data, Alternate III
*(L.28) 52.215-41 Requirements for Cost or Pricing Data or Information Other than Cost or Pricing Data, Alternate IV
[Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
[(L.29) 252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions
(L.30) 252.227-7028 Technical Data or Computer Software Previously Delivered to the Government
*(L.31) 52.215-30 Facilities Capital Cost of Money (Except educational institutions.)
(L.32) 52.204-6 Contractor Identification Number Data Universal Numbering System (DUNS) Number
*(L.33) 52.211-14 Notice of Priority Rating for National Defense Use]
(L.[34] through L.[99]) Reserved
[*(L.100) (Insert special instructions, conditions, or notices to offerors, if applicable.)]
(L.101) Government-Furnished Property.
No material, labor, or facilities will be furnished by the Government unless provided for in the solicitation.
(L.102) Proposal Preparation and Submission Instructions.
(i) Page limitation, format.
(A) A proposal shall be prepared in separate volumes with the page limit and number of copies specified below. The table of contents and tabs are exempt from the page limits. No cross-referencing between volumes for essential information is permitted except where specifically set forth herein. The following volumes of material will be submitted:
Title Copies Maximum Page Limits
Cost As specified 50*
in solicitation
summary
Technical As specified 100
in solicitation
summary
*The 50-page cost proposal is a goal not a limit. The Contractor may use additional pages if necessary to comply with public law.
[Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
(B) Any technical proposal pages submitted [that] exceed the page limitations set forth [in paragraph (i)(A) of L.102] will not be read or evaluated. Proposal pages failing to meet [the format in] paragraph [(i)(D)of L.102 ] will not be read or evaluated.
(C) No program cost data or cross-reference to the cost proposal will be included in any other volume.
(D) Format of the above proposal volumes shall be as follows:
(1) Proposals will be prepared on 8 1/2 x 11 inch paper except for foldouts used for charts, tables, or diagrams, which may not exceed 11 x 17 inches. Foldouts will not be used for text. Pages will have a one inch margin.
(2) A page is defined as one face of a sheet of paper containing information. Two pages may be printed on one sheet.
(3) Type size will be no smaller than 10 point character height (vertical size) and no more than an average of 12 characters per inch. Use of type-setting techniques to reduce type size below 10 points or to increase characters beyond 12 per inch is not permitted. Such techniques are construed as a deliberate attempt to circumvent the intent of page limitations set forth [in paragraph (i)(A) of L.102].
(4) Proposal must lie flat when open, elaborate binding is not desirable.
(5) No models, mockups or video types will be accepted.
(6) Technical proposals will be prepared in the same sequence as the statement of work.
(ii) Content.
All proposals must be complete and respond directly to the requirements of the solicitation. The factors and subfactors listed in Section M of the solicitation shall be addressed. Cost and supporting data shall be included only in the cost volume. All other information shall be included in the technical volume.
[Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
[(L.103)The Government may make multiple awards resulting from this solicitation.]
Section M, Evaluation Factors for Award.
Use of the standard evaluation factors is preferred. If the standard evaluation factors are modified in any way, the modifications must be clearly expressed so that the result is unambiguous. Additions to and deletions from the contents of this Section M must be clearly annotated in the solicitation summary (see 235.7006-1(a)(A.1)(vii)).
*(M.1) FAR 52.217-5 Evaluation of Options (Applicable if the solicitation indicates that options are anticipated in the resulting contract. When this provision is included, evaluation criteria for options shall be included in Section M.)
*(M.2) Proposal Evaluation Procedures and Basis for Award. Proposals will be evaluated and award made as follows:
(i) Basis for award.
The award decision will be based on evaluation of all factors and subfactors set forth in this solicitation. The Government may select the source whose proposal offers the greatest value to the Government in terms of technical, cost or price, and other factors set forth in the solicitation. The source selected may or may not have the lowest proposed total costs.
(ii) Evaluation factors.
Proposals will be evaluated in accordance with the following factors. The technical factor is more important than the cost factor. The technical subfactors are in descending order of importance unless otherwise stated in the solicitation. The cost subfactors are of equal weight.
(A) Technical.
(1) Technical approach. The soundness of the offeror's technical approach, including the offeror's demonstrated understanding of the technical requirement.
(2) Qualification. The experience and qualifications of the proposed personnel relevant to the proposed task. The quantity and quality of the offeror's corporate experience relevant to the proposed task.
(3) Management. The degree to which the offeror demonstrates the ability to effectively and efficiently manage and administer the program to a successful conclusion.
(4) Facilities. The degree to which the proposed facilities enable accomplishment of the proposed effort.
(B) Cost.
(1) Reasonableness. Proposed estimated cost and fee (if any).
(2) Completeness. The adequacy of the identification, estimation and support of all relevant costs.
(3) Realism. The consistency of the cost proposal with the technical effort proposed, the organizational structure, method of operations and cost accounting practices.
[Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]
[*(M.3) 52.215-34 Evaluation of Offers for Multiple Awards]
AFAC 92-43 OCTOBER 20, 1994 B-5.27
Streamlined Research and Development Contracting Procedures-Test
Test Oversight Committee
Office of the Secretary of Defense
Mrs. Linda W. Neilson
Defense Acquisition Regulations Directorate
Office of Director of Defense Procurement
Phone: (703)604-5929; DSN 227-5929
FAX: (703)604-5971; DSN 227-5971
Mr. Jack Paulson
Lab Management Office
Office of Director Research & Engineering
Phone: (703)697-9215; DSN 227-9215
FAX: (703)693-7042; DSN 227-7042
Army
Mr. Chuck Boylan
Army Research Laboratory, Fort Monmouth
Phone: (908)544-3471; DSN 995-3471
FAX: (908)532-5188; FAX 986-3767
Navy
Ms. Mary Ann Carpenter
Naval Research Laboratory
Phone: (202)767-0066; DSN 297-0066
FAX: (202)767-5896; DSN 297-5896
Air Force
Lt Col Bill Borchardt
Air Force Materiel Command
Wright-Patterson Air Force Base
Phone: (513)257-8934; DSN 787-8934
FAX: (513)476-1431; DSN 986-1431
Armed Forces Radiobiology Research Institute
Major Vikki Stocker
Logistics and Engineering
Phone: (301)295-0454; DSN 295-0454
FAX: (301)295-1863; DSN 295-1863
Defense Nuclear Agency
Mr. Tom McCabe
Acquisition Management Office
Phone: (703)325-6961; DSN 221-6961
FAX: (703)325-9291; DSN 221-9291
[Amended per DFARS Case 96-D028, D.L. 97-012, dated 4 Apr 97]