- ------------------------------------------------------------------------------------------------------------------------------------
1. CONTRACT ID CODE PAGE OF PAGES
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT U 1 3
- ------------------------------------------------------------------------------------------------------------------------------------
2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (IF APPLICABLE)
P00001 See blk 16C N/A
- ------------------------------------------------------------------------------------------------------------------------------------
6. ISSUED BY CODE N00178 7. ADMINISTERED BY (IF OTHER THAN ITEM 6) CODE S2101A
------------------------------- ------------
Contracting Officer DCMA Maryland
NAVAL SURFACE WARFARE CENTER, DAHLGREN 217 East Redwood St.
DIVISION 17320 Dahlgren Road Suite 1800
Dahlgren, VA 22448-5100 Baltimore, MD 21202-5299
- ------------------------------------------------------------------------------------------------------------------------------------
8. NAME AND ADDRESS OF CONTRACTOR (NO., STREET, COUNTY, STATE AND ZIP CODE) (X) 9A. AMENDMENT OF SOLICITATION NO.
CDEX, INC.
1700 Rockville Pike ------------------------------------------------
Suite 400 9B. DATED (SEE ITEM 11)
Rockville, MD 20852
----------------------------------------------------
10A. MODIFICATION OF CONTRACT/ORDER NO.
N00178-03-C-3079
X ------------------------------------------------
10B. DATED (SEE ITEM 13)
08 May 2003
- ------------------------------------------------------------------------------------------------------------------------------------
CODE 3EKM0 FACILITY CODE
- ------------------------------------------------------------------------------------------------------------------------------------
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
- ------------------------------------------------------------------------------------------------------------------------------------
|_| The above numbered solicitation is amended as set forth in Item 14. The hour
and date specified for receipt of Offers |_| is extended, |_| is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended,
by one of the following methods:
(a) By completing items 8 and 15, and returning _________ copies of the amendment; (b) By acknowledging receipt of this amendment on
each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment
numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE
SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted,
such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this
amendment, and is received prior to the opening hour and date specified.
- ------------------------------------------------------------------------------------------------------------------------------------
12. ACCOUNTING AND APPROPRIATION DATA (IF REQUIRED)
N/A
- ------------------------------------------------------------------------------------------------------------------------------------
13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
- ------------------------------------------------------------------------------------------------------------------------------------
|X| A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (SPECIFY AUTHORITY) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT
ORDER NO. IN ITEM 10A.
- ------------------------------------------------------------------------------------------------------------------------------------
X B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (SUCH AS CHANGES IN PAYING OFFICE,
APPROPRIATION DATE, ETC.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
- ------------------------------------------------------------------------------------------------------------------------------------
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
- ------------------------------------------------------------------------------------------------------------------------------------
D. OTHER (SPECIFY TYPE OF MODIFICATION AND AUTHORITY)
- ------------------------------------------------------------------------------------------------------------------------------------
E. IMPORTANT: Contractor |X| is not, |_| is required to sign this document and return _________ copies to the issuing office.
- ------------------------------------------------------------------------------------------------------------------------------------
14. DESCRIPTION OF AMENDMENT/MODIFICATION (ORGANIZED BY UCF SECTION HEADINGS, INCLUDING SOLICITATION/CONTRACT SUBJECT MATTER WHERE
FEASIBLE.)
SEE PAGES HEREIN
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains
unchanged and in full force and effect.
- ------------------------------------------------------------------------------------------------------------------------------------
15A. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 16A. NAME AND TITLE OF CONTRACTING OFFICER (TYPE OR PRINT)
WILLIAM T. ARMSTRONG
- ------------------------------------------------------------------------------------------------------------------------------------
15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED
BY /s/ William T. Armstrong 7/16/2003
- ---------------------------------------- ----------------------------------------
(SIGNATURE OF PERSON AUTHORIZED TO SIGN) (SIGNATURE OF CONTRACTING OFFICER)
- ------------------------------------------------------------------------------------------------------------------------------------
NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83)
PREVIOUS EDITION UNUSABLE Prescribed by GSA
FAR (48 CFR) 53.243
[ORIGINAL]
CDEX, INC.
N00178-03-C-3079
MODIFICATION P00001
Block 14: Description of Modification
a. The purpose of this modification is to make the following changes:
1. Delete the following information from Standard Form 26 Block
12:
U.S. Army Corps of Engineers Finance (Code S18020)
C/O U.S. Army Corps of Engineers Finance Center
5722 Integrity Drive
Millington, TN 38054-5005
And replace with the following:
DFAS/Columbus Center (Code HQ0338)
DFAS/CO/South Entitlement Operations
P.O. Box 182264
Columbus, OH 43218-2264
2. Make the following changes to Clause Dd1-G10 Government
Contract Administration Points-of-Contact and
Responsibilities, page 12 of the contract:
Delete the following:
5. PAYING OFFICE:
(a) Name: United States Army Corps of Engineers (USACE)
Baltimore District (E1)
C/O USACE Finance Center
5722 Integrity Drive
Millington, TN 38054-5005
And replace with the following:
5. PAYING OFFICE:
(a) Name: DFAS-Columbus Center (HQ0338)
DFAS/CO/South Entitlement Operations
P.O. Box 182264
Columbus, OH 43218-2264
(b) All other terms and conditions remain the same.
CDEX, INC.
N00178-03-C-3079
MODIFICATION P00001
DISTRIBUTION:
CDEX, Inc.
MMERGENTALER@CDEX-INC.COM
Code J12/Roger Boughton
BOUGHTONROGERA@NSWC.NAVY.MIL
DCMA/Maryland
DFAS/South Entitlement
- ------------------------------------------------------------------------------------------------------------------------------------
AWARD/CONTRACT 1. THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES
UNDER DPAS (15 CFR 350) -->
DO-C9 1 27
- ------------------------------------------------------------------------------------------------------------------------------------
2. CONTRACT (PROC. INST. IDENT.) NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUEST/PROJECT NO.
N00178-03-C-3079 25 Apr 2003 J10000/30711858
- ------------------------------------------------------------------------------------------------------------------------------------
5. ISSUED BY CODE N00178 6. ADMINISTERED BY (IF OTHER THAN ITEM 5) CODE S2101A
--------------- ---------------
Contracting Officer DCMA Maryland
Naval Surface Warfare Center, Dahlgren Division 217 East Redwood St.
17320 Dahlgren Road (Attn: XDS13-Bldg. 183-Rm.106) Suite 1800
Dahlgren, VA 22448-5100 Baltimore, MD 21202-5299
- ------------------------------------------------------------------------------------------------------------------------------------
7. NAME AND ADDRESS OF CONTRACTOR (NUMBER, STREET, CITY, COUNTY, STATE AND ZIP CODE) 8. DELIVERY
CDEX, INC. |_| FOB ORIGIN |X| OTHER (SEE BELOW)
1700 Rockville Pike
Suite 400 --------------------------------------------
Rockville, MD 20852 9. DISCOUNT FOR PROMPT PAYMENT
--------------------------------------------
10. SUBMIT INVOICES ITEM
(4 COPIES UNLESS OTHER- -->
WISE SPECIFIED) TO THE
ADDRESS SHOWN IN: SEE SECT. G
- ------------------------------------------------------------------------------------------------------------------------------------
CODE 3EKM0 FACILITY CODE
- ------------------------------------------------------------------------------------------------------------------------------------
11. SHIP TO/MARK FOR CODE N00178 12. PAYMENT WILL BE MADE BY CODE S18020
--------------- ---------------
NAVAL SURFACE WARFARE CENTER, BLDG. 125 U.S. ARMY CORPS OF ENGINEERS FINANCE
ATTN: ROGER BOUGHTON/CODE J12 C/O U.S. ARMY CORPS OF ENGINEERS, FINANCE CTR.
17320 DAHLGREN RD., DAHLGREN, VA. 22448-5100 5722 INTEGRITY DRIVE, MILLINGTON, TN 38054-5005
- ------------------------------------------------------------------------------------------------------------------------------------
13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN 14. ACCOUNTING AND APPROPRIATION DATA
COMPETITION:
|_| 10 U.S.C. 2304(C)( ) |_| 41 U.S.C. 253 (C)( ) SEE SCHEDULE (PAGE 11)
- ------------------------------------------------------------------------------------------------------------------------------------
15A. ITEM NO. 15B. SUPPLIES/SERVICES 15C. QUANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT
- ------------------------------------------------------------------------------------------------------------------------------------
SEE SCHEDULE
AID# 44883
- ------------------------------------------------------------------------------------------------------------------------------------
15G. TOTAL AMOUNT OF CONTRACT --> $ 196,483.00
- ------------------------------------------------------------------------------------------------------------------------------------
16. TABLE OF CONTENTS
- ------------------------------------------------------------------------------------------------------------------------------------
(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)
- ------------------------------------------------------------------------------------------------------------------------------------
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
- ------------------------------------------------------------------------------------------------------------------------------------
|X| A SOLICITATION/CONTRACT FORM 2-3 |X| I CONTRACT CLAUSES 17-26
- ------------------------------------------------------------------------------------------------------------------------------------
|X| B SUPPLIES OR SERVICES AND PRICES/COSTS 4-6 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER
- ---------------------------------------------------------------- ATTACH.
|X| C DESCRIPTION/SPECS./WORK STATEMENT 6-8
- ------------------------------------------------------------------------------------------------------------------------------------
|X| D PACKAGING AND MARKING 9 |X| J LIST OF ATTACHMENTS 26-27
- ------------------------------------------------------------------------------------------------------------------------------------
|X| E INSPECTION AND ACCEPTANCE 9 PART IV - REPRESENTATIONS AND INSTRUCTIONS
- ------------------------------------------------------------------------------------------------------------------------------------
|X| F DELIVERIES OR PERFORMANCE 10 K REPRESENTATIONS, CERTIFICATIONS AND
- ---------------------------------------------------------------- OTHER STATEMENTS OF OFFERORS
|X| G CONTRACT ADMINISTRATION DATA 11-15
- ------------------------------------------------------------------------------------------------------------------------------------
|X| H SPECIAL CONTRACT REQUIREMENTS 15-17 L INSTRS., CONDS., AND NOTICES TO OFFERORS
- ------------------------------------------------------------------------------------------------------------------------------------
M EVALUATION FACTORS FOR AWARD
- ------------------------------------------------------------------------------------------------------------------------------------
CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE
- ------------------------------------------------------------------------------------------------------------------------------------
17. |X| CONTRACTOR'S NEGOTIATED AGREEMENT (CONTRACTOR IS 18. |_| AWARD (CONTRACTOR IS NOT REQUIRED TO SIGN THIS
REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO DOCUMENT.) YOUR OFFER ON SOLICITATION NUMBER
ISSUING OFFICE.) CONTRACTOR AGREES TO FURNISH AND ____________, INCLUDING THE ADDITIONS OR CHANGES MADE
DELIVER ALL ITEMS OR PERFORM ALL THE SERVICES SET BY YOU WHICH ADDITIONS OR CHANGES ARE SET FORTH IN
FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY FULL ABOVE, IS HEREBY ACCEPTED AS TO THE ITEMS LISTED
CONTINUATION SHEETS FOR THE CONSIDERATION STATED ABOVE AND ON ANY CONTINUATION SHEETS. THIS AWARD
HEREIN. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO CONSUMMATES THE CONTRACT WHICH CONSISTS OF THE
THIS CONTRACT SHALL BE SUBJECT TO AND GOVERNED BY THE FOLLOWING DOCUMENTS: (A) THE GOVERNMENT'S SOLICITATION
FOLLOWING DOCUMENTS: (A) THIS AWARD/CONTRACT, (B) THE AND YOUR OFFER, AND (B) THIS AWARD/CONTRACT. NO
SOLICITATION, IF ANY, AND (C) SUCH PROVISIONS, FURTHER CONTRACTUAL DOCUMENT IS NECESSARY.
REPRESENTATIONS, CERTIFICATIONS, AND SPECIFICATIONS,
AS ARE ATTACHED OR INCORPORATED BY REFERENCE HEREIN.
(ATTACHMENTS ARE LISTED HEREIN.)
- ------------------------------------------------------------------------------------------------------------------------------------
19A. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 20A. NAME OF CONTRACTING OFFICER
WILLIAM T. ARMSTRONG
- ------------------------------------------------------------------------------------------------------------------------------------
19B. NAME OF CONTRACTOR 19C. DATE SIGNED 20B. UNITED STATES OF AMERICA 20C. DATE SIGNED
BY [SIGNATURE ILLEGIBLE] BY [SIGNATURE ILLEGIBLE]
- ---------------------------------------- ----------------------------------------
(SIGNATURE OF PERSON AUTHORIZED TO SIGN) (SIGNATURE OF CONTRACTING OFFICER)
- ------------------------------------------------------------------------------------------------------------------------------------
NSN 7540-01-152-8069 26-107 STANDARD FORM 26 (REV. 4-85)
PREVIOUS EDITION UNUSABLE PRESCRIBED BY GSA
FAR (48 CFR) 53.214(a)
N00178-03-C-3079
Page 2 of 27
SECTION A: SOLICITATION/CONTRACT FORM
CLAUSES INCORPORATED BY FULL TEXT
Ddl-A20 NOTICE TO CONTRACTORS
NOTICE TO CONTRACTORS
THE PURPOSE OF THIS NOTICE IS TO BRING MATTERS TO YOUR ATTENTION WHICH CAN
AFFECT PAYMENT OF YOUR INVOICES.
CCR ANNUAL RENEWAL
YOU MUST CONFIRM YOUR REGISTRATION IN THE CENTRAL CONTRACTOR REGISTRATION (CCR)
DATABASE OR THE DEFENSE FINANCE AND ACCOUNTING SERVICE (DFAS) MAY NOT PROCESS
YOUR INVOICE. YOU MAY OBTAIN MORE INFORMATION ON THIS ANNUAL RENEWAL
CONFIRMATION PROCESS BY CALLING 1-888-227-2423 OR VIA THE INTERNET AT
HTTP://WWW.CCR2000.COM/
EFTS
ELECTRONIC FUNDS TRANSFER (EFT) PAYMENTS ARE BASED ON THE EFT INFORMATION
CONTAINED IN THE CCR DATABASE. IT IS CRITICAL THAT YOU ENSURE THAT YOUR EFT
INFORMATION IN THE CCR DATABASE REMAINS CURRENT AND CORRECT.
INVOICES
INVOICES MUST BE PREPARED AS PRESCRIBED BY THIS CONTRACT/ORDER OR
THEY MAY BE REJECTED BY THE PAYING OFFICE. THIS CONTRACT/ORDER
INCORPORATES ONE OR MORE OF THE FOLLOWING CLAUSES REGARDING
PREPARATION AND SUBMISSION OF INVOICES:
FAR 52.212-4
FAR 52.213-2
FAR 52.232-25
NAPS 5252.232-9000
NAPS 5252.232-9001
NAPS 5252.232-9002
NAPS 5252.232-9003
N00178-03-C-3079
Page 3 of 27
PLEASE INSURE THAT INVOICES ARE PREPARED AND SUBMITTED IN ACCORDANCE WITH THESE
CLAUSES AND THE FOLLOWING ADDITIONAL INFORMATION:
INVOICE PREPARATION - PLEASE ENSURE THAT YOUR INVOICE CLEARLY REFLECTS:
(1) INVOICE NUMBER,
(2) DATE OF INVOICE,
(3) COMPANY NAME AND REMIT TO ADDRESS (COMPANY NAME ON THE INVOICE
MUST MATCH THE COMPANY NAME ON THE CONTRACT/ORDER),
(4) CONTRACT/ORDER NUMBER, AND
(5) INVOICE AMOUNT.
INVOICE SUBMISSION - IF A "SUBMIT TO" ADDRESS IS DESIGNATED IN ONE OF THE
CLAUSES LISTED ABOVE, SUBMIT THE ORIGINAL AND THREE COPIES OF EACH INVOICE
TO THAT ADDRESS AND SUBMIT ONE COPY TO THE ADDRESS SHOWN BELOW. IF THERE
IS NO ADDRESS DESIGNATED IN ANY OF THE CLAUSES LISTED ABOVE, SUBMIT THE
ORIGINAL AND THREE COPIES OF EACH INVOICE TO THE ADDRESS SHOWN BELOW. IN
ADDITION, SUBMIT ONE COPY OF EACH INVOICE TO THE CONTRACT SPECIALIST AT
THE ISSUING OFFICE ADDRESS SHOWN OF THE FACE OF THE DOCUMENT:
NAVAL SURFACE WARFARE CENTER, DAHLGREN DIVISION
ATTN: CODE J12/ROBERT BRANNON
17320 DAHLGREN ROAD
DAHLGREN, VA 22448-5100
REGISTER FOR INVOICE STATUS
YOU CAN REGISTER AT THE FOLLOWING WEB SITE TO MONITOR THE STATUS OF YOUR
INVOICES. THIS IS THE VENDOR PAY INQUIRY SYSTEM-MOCAS USER REGISTRATION.
HTTP://VENDORPAY.DFAS.MIL/NEWUSER
N00178-03-C-3079
Page 4 of 27
SECTION B SUPPLIES OR SERVICES AND PRICES
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
$ $
0001 Feasibility Study
FFP - The contractor shall perform research and development efforts in
accordance with the contractor's proposal dated 5 March 2002 in response to
BAA number N00178-01-Q-3040
PURCHASE REQUEST NUMBER J10000/30711858
----------------
NET AMT $
ACRN AA Funded Amount
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001AA 1.00 Lot $32,000.00 $32,000.00
Feasibility Study Monthly Status Report
FFP - The contractor shall perform research and development efforts and
provide the first Monthly Status Report in accordance with CDRL A00l.
PURCHASE REQUEST NUMBER Jl0000/30711858
----------------
NET AMT $32,000.00
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001AB 1.00 Lot $32,000.00 $32,000.00
Feasibility Study Monthly Status Report
FFP - The contractor shall perform research and development efforts and
provide the second Monthly Status Report in accordance with CDRL A00l.
PURCHASE REQUEST NUMBER J10000/30711858
----------------
NET AMT $32,000.00
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001AC 1.00 Lot $32,000.00 $32,000.00
Feasibility Study Monthly Status Report
FFP - The contractor shall perform research and development efforts and
provide the third Monthly Status Report in accordance with CDRL A001.
PURCHASE REQUEST NUMBER J10000/30711858
----------------
NET AMT $32,000.00
N00178-03-C-3079
Page 5 of 27
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001AD 1.00 Lot $32,000.00 $32,000.00
Feasibility Study Monthly Status Report
FFP - The contractor shall perform research and development efforts and
provide the fourth Monthly Status Report in accordance with CDRL A001.
PURCHASE REQUEST NUMBER J10000/30711858
----------------
NET AMT $32,000.00
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001AE 1.00 Lot $32,000.00 $32,000.00
Feasibility Study Monthly Status Report
FFP - The contractor shall perform research and development efforts and
provide the fifth Monthly Status Report in accordance with CDRL A001.
PURCHASE REQUEST NUMBER J10000/30711858
----------------
NET AMT $32,000.00
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001AF 1.00 Lot $34,988.39 $36,483.00
Feasibility Study Monthly Status Report
FFP - The contractor shall perform research and development efforts and
provide the sixth Monthly Status Report in accordance with CDRL A001.
PURCHASE REQUEST NUMBER J10000/30711858
NET AMT $36,483.00
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 1.00 Lot $ $NSP
Data Deliverables
FFP-The Contractor shall provide the data deliverables in support of CLIN
0001.
----------------
NET AMT $
N00178-03-C-3079
Page 6 of 27
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0003 1.00 Lot $ $
Optional Prototype Development and Demonstration
CPFF - The contractor shall perform research and development efforts in
accordance with the contractor's proposal dated 8 March 2002 in response to
BAA number N00178-01-Q-3040
EST. COST $730,992.00
FIXED FEE 63,934.00
----------------
TOTAL EST COST + FEE $794,926.00
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0004 1.00 Lot $ $NSP
Data Deliverables
CPFF - The Contractor shall provide the data deliverables and the
Demonstration of Prototype Operation in support of CLIN 0002 in accordance
with CDRLs A004, A005, and A006.
CLAUSES INCORPORATED BY FULL TEXT
HQ B-2-0004 EXPEDITING CONTRACT CLOSEOUT (NAVSEA) (DEC 1995)
(a) As part of the negotiated fixed price or total estimated amount of this
contract, both the Government and the Contractor have agreed to waive any
entitlement that otherwise might accrue to either party in any residual dollar
amount of $500 or less at the time of final contract closeout. The term
"residual dollar amount" shall include all money that would otherwise be owed to
either party at the end of the contract, except that, amounts connected in any
way with taxation, allegations of fraud and/or antitrust violations shall be
excluded. For purposes of determining residual dollar amounts, offsets of money
owed by one party against money that would otherwise be paid by that party may
be considered to the extent permitted by law.
(b) This agreement to waive entitlement to residual dollar amounts has been
considered by both parties. It is agreed that the administrative costs for
either party associated with collecting such small dollar amounts could exceed
the amount to be recovered.
SECTION C DESCRIPTIONS AND SPECIFICATIONS
CLAUSES INCORPORATED BY FULL TEXT
Ddl-C21 COPYRIGHT OF COMPUTER SOFTWARE
N00178-03-C-3079
Page 7 of 27
The contractor shall: (1) apply for copyright registration of the computer
program code developed by the contractor, (2) place the copyright notice on the
screen, in addition to the diskettes and manuals produced, and (3) place, next
to the copyright notice, the additional phrase: "The U. S. Government has rights
as specified in contract N00178-03-C-3079".
Ddl-C40 INFORMATION SYSTEMS (IS) SECURITY AND ACCREDITATION
Contractor Provision of IS Resources
Except in special circumstances explicitly detailed elsewhere in this document,
the Contractor shall provide all IS resources needed in the performance of this
contract. IS resources include, but are not limited to, computers, software,
networks, and addresses.
Contractor Use of NSWCDD IS Resources
In the event that the contractor is required to have access to NSWCDD IS
resources, the login name (common id) and associated information shall be
registered with the NSWCDD site issuing authority.
If this contract requires that the contractor be granted access and use of
NSWCDD IS resources (at any site), the IS shall be accredited for contractor use
in accordance with procedures specified by the IS Security Office. The
accreditation shall include COR certification that the use and access is
required by this contract.
Connections Between NSWCDD and Contractor Facilities
If there is a requirement (specifically delineated elsewhere in this contract)
for interconnection between any facilities and/or ISs owned or operated by the
contractor, such interconnection shall take place only after approval from the
NSWCDD IS Security Office. All such connections as well as the ISs connected
thereto will be accredited (operated at an acceptable risk) by the appropriate
NSWCDD Designated Approving Authority (DAA) and comply with the requirements of
DODDIR 5200.28 regarding Memorandums of Agreement. All such connections will be
made outside the appropriate NSWCDD firewall.
Accreditation of Contractor-owned ISs
The Government reserves the right to have all contractor owned ISs used in the
performance of this contract accredited by the cognizant DAA.
Use of Contractor Personnel to Perform IS Security Tasking
General - Personnel performing IS security related tasking must have
successfully completed training and demonstrate proficiency in the following
areas: Information System Security Awareness, Security Domains, Incident
Handling, and Auditing Concepts.
Architecture Specific - Personnel assigned to perform IS security related
tasking for a specific area must be trained and demonstrate proficiency in that
area. Typical examples include, but are not limited to: networking, processing
classified information, Internet Protocols, Unix, Novell, and Microsoft
operating systems.
Replacement or New IS Security Personnel - The contractor shall provide evidence
that new and replacement IS personnel, unless they are Key Personnel, meet the
above requirements and forward such information to the COR for review and
approval by the Information Systems Security Office. Failure to meet the
requirements herein may result in rejection of the person or persons.
Replacement of IS personnel designated as Key Personnel will be in accordance
with the Key Personnel provision contained herein.
N00178-03-C-3079
Page 8 of 27
HQ C-2-0011 COMPUTER SOFTWARE AND/OR COMPUTER DATABASE(S) DELIVERED TO AND/OR
RECEIVED FROM THE GOVERNMENT (NAVSEA) (NOV 1996)
(a) The Contractor agrees to test for viruses all computer software and/or
computer databases, as defined in the clause entitled "RIGHTS IN NONCOMMERCIAL
COMPUTER SOFTWARE AND NONCOMMERCIAL COMPUTER SOFTWARE DOCUMENTATION" (DFARS
252.227-7014), before delivery of that computer software or computer database in
whatever media and on whatever system the software is delivered. The Contractor
warrants that any such computer software and/or computer database will be free
of viruses when delivered.
(b) The Contractor agrees to test any computer software and/or computer
database(s) received from the Government for viruses prior to use under this
contract.
(c) Unless otherwise agreed in writing, any license agreement governing the use
of any computer software to be delivered as a result of this contract must be
paid-up and perpetual, or so nearly perpetual as to allow the use of the
computer software or computer data base with the equipment for which it is
obtained, or any replacement equipment, for so long as such equipment is used.
Otherwise the computer software or computer data base does not meet the minimum
functional requirements of this contract. In the event there is any routine to
disable the computer software or computer data base in the future, that date
certain shall not be less than 25 years after the delivery date of the computer
software or computer database.
(d) No copy protection devices or systems shall be used in any computer software
or computer database delivered under this contract to restrict or limit the
Government from making copies. This does not prohibit license agreements from
specifying the maximum amount of copies that can be made.
(e) Delivery by the Contractor to the Government of certain technical data and
other data is now frequently required in digital form rather than as hard copy.
Such delivery may cause confusion between data rights and computer software
rights. It is agreed that, to the extent that any such data is computer software
by virtue of its delivery in digital form, the Government will be licensed to
use that digital-form data with exactly the same rights and limitations as if
the data had been delivered as hard copy.
(f) Any limited rights legends or other allowed legends placed by a Contractor
on technical data or other data delivered in digital form shall be digitally
included on the same media as the digital-form data and must be associated with
the corresponding digital-form technical data to which the legends apply to the
extent possible. Such legends shall also be placed in human-readable form on a
visible surface of the media carrying the digital-form data as delivered, to the
extent possible.
HQ C-2-0014 CONTRACTOR'S PROPOSAL (NAVSEA) (SEP 1990)
(a) Performance of this contract by the Contractor shall be conducted and
performed in accordance with detailed obligations to which the Contractor
committed itself in proposal titled "Chemical Agent Screener for Sealed
Containers" dated 5 March 2002 in response to Broad Agency Announcement No.
N00178-0l-Q-3040.
(b) The technical volume(s) of the Contractor's proposal is incorporated by
reference and hereby made subject to the provisions of the "ORDER OF PRECEDENCE"
(FAR 52.215-8) clause of this contract. Under the "ORDER OF PRECEDENCE" clause,
the technical volume of the Contractor's proposal referenced herein is hereby
designated as item (f) of the clause, following "the specification" in the order
of precedence.
N00178-03-C-3079
Page 9 of 27
SECTION D PACKAGING AND MARKING
CLAUSES INCORPORATED BY FULL TEXT
Ddl-D10 PREPARATION FOR SHIPMENT (COMMERCIALLY PACKAGED ITEMS)
Preservation, packaging, packing, and marking shall be in accordance with ASTM
Designation D 3951-95 "Standard Practice for Commercial Packaging."
Ddl-D12 UNPACKING INSTRUCTIONS: COMPLEX OR DELICATE EQUIPMENT
(a) Location on Container. When practical, one set of the unpacking
instructions will be placed in a heavy water-proof envelope prominently marked
"UNPACKING INFORMATION" and firmly affixed to the outside of the shipping
container in a protected location, preferably between the cleats on the end of
the container adjacent to the identification marking. If the instructions cover
a set of equipment packed in multiple containers, the instructions will be
affixed to the number one container of the set. When the unpacking instructions
are too voluminous to be affixed to the exterior of the container, they will be
placed inside and directions for locating them will be provided in the envelope
marked "UNPACKING INFORMATION."
(b) Marking Containers. When unpacking instructions are provided, shipping
containers will be stenciled "CAUTION--THIS EQUIPMENT MAY BE SERIOUSLY DAMAGED
UNLESS UNPACKING INSTRUCTIONS ARE CAREFULLY FOLLOWED. UNPACKING INSTRUCTIONS ARE
LOCATED (state where located)." When practical, this marking will be applied
adjacent to the identification marking on the side of the container.
SECTION E INSPECTION AND ACCEPTANCE
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0001AA Destination Government Destination Government
0001AB Destination Government Destination Government
0001AC Destination Government Destination Government
0001AD Destination Government Destination Government
0001AE Destination Government Destination Government
0001AF Destination Government Destination Government
0002 Destination Government Destination Government
0003 Destination Government Destination Government
0004 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE:
52.246-9 Inspection Of Research And Development (Short Form) APR 1984
52.246-16 Responsibility For Supplies APR 1984
252.246-7000 Material Inspection And Receiving Report DEC 1991
N00178-03-C-3079
Page 10 of 27
SECTION F DELIVERIES OR PERFORMANCE
DELIVERY INFORMATION
CLINS DELIVERY DATE UNIT OF ISSUE QUANTITY FOB SHIP TO ADDRESS
0001 POP Date of Award to N00178
01 Oct 03 NAVAL SURFACE WARFARE
CENTER, DAHLGREN
ROBERT BRANNON/J12/COR
17320 DAHLGREN ROAD
DAHLGREN VA 22448-5100
0001AA 35 Days ADC Lot 1.00 Dest. Same as CLIN 0001
0001AB 65 Days ADC Lot 1.00 Dest. Same as CLIN 0001
0001AC 95 Days ADC Lot 1.00 Dest. Same as CLIN 0001
0001AD 125 Days ADC Lot 1.00 Dest. Same as CLIN 0001
0001AE 155 Days ADC Lot 1.00 Dest. Same as CLIN 0001
0001AF 155 Days ADC Lot 1.00 Dest. Same as CLIN 0001
0002 Same as CLIN 0001 Lot 1.00 Dest. Same as CLIN 0001
0003 18 Months After Exercise Dest. Same as CLIN 0001
of Option
0004 18 Months After Exercise Dest. Same as CLIN 0001
of Option
CLAUSES INCORPORATED BY REFERENCE:
52.242-15 Stop Work Order (Aug 89) Alt I APR 1984
52.242-15 Stop-Work Order AUG 1989
52.247-34 F.O.B. Destination NOV 1991
CLAUSES INCORPORATED BY FULL TEXT
Ddl-F40 CONTRACTOR NOTICE REGARDING LATE DELIVERY
In the event the contractor anticipates or encounters difficulty in complying
with the contract delivery schedule or date, he/she shall immediately notify, in
writing, the Contracting Officer and the cognizant Contract Administration
Services Office, if assigned. The notice shall give the pertinent details;
however such notice shall not be construed as a waiver by the Government of any
contract delivery schedule, or of any rights or remedies provided by law or
under this contract.
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SECTION G CONTRACT ADMINISTRATION DATA
ACCOUNTING AND APPROPRIATION DATA
AA 21 NA 2002 2050.0000 El 2002 08 8012 70000000000 25EA SCD40C WA
18020 000087345
AMOUNT: $196,483.00 (RDA)
FUNDING JOB ORDER NO
ACRN: AA W81W3G21548201 (Exp. 30 Sep 03)
CLAUSES INCORPORATED BY FULL TEXT
Ddl-G1 PAYMENT INSTRUCTIONS FOR MULTIPLE ACCOUNTING CLASSIFICATION CITATIONS
The payment office shall ensure that each payment under this contract is made in
accordance with the accounting classification reference numbers (ACRNs) shown on
each individual invoice. ACRNs are cited by the contractor on each invoice in
accordance with clause 5252.232-9000, 5252.232-9001, or 5252.232-9003, as
appropriate.
Ddl-G10 GOVERNMENT CONTRACT ADMINISTRATION POINTS-OF-CONTACT AND
RESPONSIBILITIES
1. PROCURING CONTRACTING OFFICER (PCO):
(a) Name: William T. Armstrong
Address: Code XDS 13
Dahlgren Division
Naval Surface Warfare Center
17320 Dahlgren Road
Dahlgren, Virginia 22448-5100
Phone: (540) 653-7765; FAX: (540) 653-6810
E-mail: armstrongwt@nswc.navy.mil
(b) PCO responsibilities are outlined in FAR 1.602-2. The PCO is the only
person authorized to approve changes in any of the requirements of this contract
or orders issued thereunder and, notwithstanding provisions contained elsewhere
in this contract, the said authority remains solely the PCO's. The contractor
shall not comply with any order, direction or request of Government personnel
unless it is issued in writing and signed by the Contracting Officer OR IS
PURSUANT TO SPECIFIC AUTHORITY OTHERWISE INCLUDED AS PART OF THIS CONTRACT. In
the event the contractor effects any change at the direction of any person other
than the PCO, the change will be considered to be unauthorized.
2. CONTRACT SPECIALIST:
(a) Name: Doris G. Elliott
Address: Code XDS 13-2
Dahlgren Division
Naval Surface Warfare Center
17320 Dahlgren Road
Dahlgren, Virginia 22448-5100
Phone: (540) 653-7765; FAX: (540) 653-6810
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E-mail: elliottdg@nswc.navy.mil
(b) The Contract Specialist is the representative of the Contracting
Officer for all contractual matters.
3. CONTRACTING OFFICER'S REPRESENTATIVE(COR):
(a) Name: Roger Boughton
Address: Code J12
Dahlgren Division
Naval Surface Warfare Center
17320 Dahlgren Road
Dahlgren, Virginia 22448-5100
Phone: (540) 653-4882 FAX: (540) 653-4977
E-mail: boughtonra@nswc.navy.mil
(b) The COR is the PCO's appointed representative for technical matters.
The COR is not a contracting officer and does not have the authority to direct
the accomplishment of effort which is beyond the scope of the contract or to
otherwise change any contract requirements. An informational copy of the COR
appointment letter which provides a delineation of COR authority and
responsibilities is provided as an attachment to this contract.
4. ALTERNATE CONTRACTING OFFICER'S REPRESENTATIVE (ACOR):
(a) Name: Robert Brannon
Address: Code J12
Dahlgren Division
Naval Surface Warfare Center
17320 Dahlgren Road
Dahlgren, Virginia 22448-5100
Phone: (540) 653-6438
E-mail:
(b) The ACOR is responsible for COR responsibilities and functions in the
event that the COR is unavailable due to leave, illness, or other official
business. The ACOR is appointed by the PCO; a copy of the ACOR appointment is
provided as an attachment to this contract.
5. PAYING OFFICE
(a) Name: United States Army Corps of Engineers (USACE)
Baltimore District (El)
c/o USACE Finance Center
Address: 5722 Integrity Drive
Millington, TN 38054-5005
Phone: (443) 479-5684
(b) The Paying Office makes all payments under the contract.
Ddl-G12 POST-AWARD CONFERENCE
(a) A Post-Award Conference with the successful offeror will be conducted
within 60 days after award of the contract. The conference will be held at the
address below:
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Location/Address: To Be Determined
(b) The contractor will be given 5 working days notice prior to the date
of the conference by the COR, Mr. Robert Brannon.
(c) The requirement for a post-award conference shall in no event
constitute grounds for excusable delay by the Contractor in performance of any
provisions in the contract.
Ddl-G40 PAYMENT, SELECTED ITEMS OF COST REIMBURSEMENT CONTRACTS
(a) Travel Costs (Including Foreign Travel)
(1) Air: The contractor shall, to the maximum extent practicable,
minimize overall travel costs by taking advantage of discounted airfare rates
available through advance purchase. Charges associated with itinerary changes
and cancellation under nonrefundable airline tickets are reimbursable as long as
the changes are driven by the work requirement.
(2) Non-reimbursable Travel: The following travel shall not be
reimbursed hereunder: travel performed for personal convenience, daily travel to
and from work at the contractor's facility (i.e., designated work site) or to
and from NSWCDD when NSWCDD is the designated work site.
(b) Training
The Government will not allow costs, nor reimburse costs associated with the
contractor training employees in an effort to attain and/or maintain minimum
personnel qualification requirements of this contract. Other training may be
approved on a case-by-case basis by the COR. Attendance at workshops or
symposiums is considered training for purposes of this clause.
(c) General Purpose Office Equipment (GPOE) and Information Technology
(IT)
The cost of acquisition of GPOE and IT shall not be allowable as direct charges
to this contract. The contractor is expected to have the necessary facilities to
perform the requirements of this contract, including any necessary GPOE and IT.
GPOE means equipment normally found in a business office such as desks, chairs,
typewriters, calculators, file cabinets, etc. IT means any equipment or
interconnected system or subsystem of equipment that is used in the automatic
acquisition, storage, manipulation, movement, control, display, switching,
interchange, transmission, or reception of data or information. IT includes
computers, ancillary equipment, software, firmware and similar products,
services (including support services), and related resources.
Ddl-G41 PAYMENT OF FIXED FEE (COST PLUS FIXED FEE) (CLIN 0003)
(a) Subject to the withholding provisions of this clause, and any other
adjustments required by other contract clauses, the fixed fee shall be paid in
installments.
(b) The amount of each fee installment shall be billed at 10% of allowable
costs. This percentage reflects the ratio of total contract fixed fee to total
contract estimated cost.
(c) In accordance with FAR 52.216-8 FIXED FEE in Section 1 of this
contract, the Contracting Officer has established a withholding of 15% of funded
fixed fee, not to exceed $100,000. The contractor's provisional payment vouchers
may invoice fee at the percentage cited in paragraph (b) above, up to 85% of the
funded fixed fee.
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NAPS 5252.232-9000 SUBMISSION OF INVOICES (FIXED PRICE) (JUL 1992) (CLIN 0001)
(a) "Invoice" as used in this clause does not include contractor requests
for progress payments.
(b) The contractor shall submit original invoices with 3 copies to the
address identified in the contract award form SF 26-Block 10.
(c) The use of copies of the Material Inspection and Receiving Report
(MIRR), DD Form 250, as an invoice is encouraged. DFARS Appendix F-306 provides
instructions for such use. Copies of the MIRR used as an invoice are in addition
to the standard distribution stated in DFARS F-401.
(d) In addition to the requirements of the Prompt Payment clause of this
contract, the contractor shall cite on each invoice the contract line item
number (CLIN); the contract subline item number (SLIN), if applicable; the
accounting classification reference number (ACRN) as identified on the financial
accounting data sheets, and the payment terms.
(e) The contractor shall prepare a separate invoice for each activity
designated to receive the supplies or services.
(f) If acceptance is at origin, the contractor shall submit the MIRR or
other acceptance verification directly to the designated payment office. If
acceptance is at destination, the consignee will forward acceptance verification
to the designated payment office.
SUBMISSION OF INVOICES (COST-REIMBURSEMENT, TIME-AND-MATERIALS, LABOR-HOUR, OR
FIXED PRICE INCENTIVE) (JUL 1992) (CLIN 0003)
(a) "Invoice" as used in this clause includes contractor requests for interim
payments using public vouchers (SF 1034) but does not include contractor
requests for progress payments under fixed price incentive contracts.
(b)(i) In accordance with DFARS 242.803(b)(i)(c), the cognizant Defense Contract
Audit Agency (DCAA) auditor has authorized the contractor to submit interim
invoices directly to paying offices. This authorization does not extend to the
first and final invoices, which shall be submitted to the contract auditor at
the following address:
DCAA Boston Branch Office
101 Merrimac Street, Suite 820A
Boston, MA 02114
A copy of every invoice shall be provided to the individual listed below for
certification, at the address shown (if completed by the contracting officer):
Naval Surface Warfare Center, Dahlgren Division
Attn: Code J12/Robert Brannon
17320 Dahlgren Road
Dahlgren, VA 22448-5100
In addition, a copy of the final invoice shall be provided to the Administrative
Contracting Officer (ACO).
(ii) Upon written notification to the contractor, DCAA may rescind its
authorization for the contractor to submit interim invoices directly to the
paying offices. Upon receipt of such written notice the contractor shall
immediately begin to submit all invoices to the contract auditor at the above
address.
(iii) Notwithstanding (i) and (ii), when delivery orders are applicable,
invoices shall be segregated by individual order and submitted to the
address(es) specified in the order.
(c) Invoices requesting interim payments shall be submitted no more than once
every two weeks, unless another time period is specified in the Payments clause
of this contract. For indefinite delivery type contracts, interim payment
invoices shall be submitted no more than once every two weeks for each delivery
order. There shall be a lapse of no more than 14 calendar days between
performance and submission of an interim payment invoice.
(d) In addition to the information identified in the Prompt Payment clause
herein, each invoice shall contain the
N00178-03-C-3079
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following information, as applicable:
(1) Contract line item number (CLIN)
(2) Sublime item number (SLIN)
(3) Accounting Classification Reference Number (ACRN)
(4) Payment terms
(5) Procuring activity
(6) Date supplies provided or services performed
(7) Costs incurred and allowable under the contract
(8) Vessel (e.g., ship, submarine or other craft) or system for which
supply/service is provided
(e) A DD Form 250, "Material Inspection and Receiving Report",
_______ is required with each invoice submittal.
X is required only with the final invoice.
_______ is not required.
(f) A Certificate of Performance
_______ shall be provided with each invoice submittal.
X is not required.
(g) The Contractor's final invoice shall be identified as such, and shall list
all other invoices (if any) previously tendered under this contract.
(h) Costs of performance shall be segregated, accumulated and invoiced to the
appropriate ACRN categories to the extent possible. When such segregation of
costs by ACRN is not possible for invoices submitted with CLINS/SLINS with more
than one ACRN, an allocation ratio shall be established in the same ratio as the
obligations cited in the accounting data so that costs are allocated on a
proportional basis.
(i) When a vendor invoice for a foreign currency is provided as supporting
documentation, the Contractor shall identify the foreign currency and indicate
on the vendor invoice the rate of exchange on the date of payment by the
Contractor. The Contractor shall also attach a copy of the bank draft or other
suitable documents showing the rate of exchange. The contractor shall provide an
English translation if the vendor invoice is written in a foreign language.
SECTION H SPECIAL CONTRACT REQUIREMENTS
CLAUSES INCORPORATED BY FULL TEXT
Dd1-H10 EMPLOYMENT OF US GOVERNMENT PERSONNEL RESTRICTED
In performing this contract, the Contractor shall not use as a consultant or
employ (on either a full or part time basis) any active duty U.S. Government
personnel (civilian or military) without the prior written approval of the
Contracting Officer. Such approval may be given only in circumstances where it
is clear that no laws and no DoD or U.S. Government instructions, regulations,
or policies might possibly be contravened and no appearance of a conflict of
interest will result.
Ddl-H11 CHANGES IN KEY PERSONNEL
(a) The Contractor agrees that a partial basis for award of this contract
is the list of key personnel proposed. Accordingly, the Contractor agrees to
assign to this contract those key persons whose resumes were
N00178-0342-3079
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submitted with the proposal necessary to fulfill the requirements of the
contract. No substitution shall be made without prior notification to and
concurrence of the Contracting Officer in accordance with this requirement.
(b) The contractor agrees that during the first 180 days of the period of
performance no key personnel substitutions will be permitted unless such
substitutions are necessitated by an individual's sudden illness, death, or
termination of employment. All proposed substitutions shall have qualifications
equal to or higher than the qualifications of the person to be replaced. The
Contracting Officer shall be notified in writing of any proposed substitution at
least fifteen (15) days, or thirty (30) days if a security clearance is to be
obtained, in advance of the proposed substitution. Such notification shall
include:
(1) An explanation of the circumstances necessitating the
substitution;
(2) A complete resume of the proposed substitute;
(3) The hourly rates of the incumbent and the proposed substitute;
and
(4) Any other information requested by the Contracting Officer to
enable him/her to judge whether or not the Contractor is maintaining the same
high quality of personnel that provided the partial basis for award.
(c) In the event a requirement to increase the specified level of effort
for a designated labor category, but not the overall level of effort of the
contract, occurs, the Contractor shall submit to the Contracting Officer a
written request for approval to add personnel to the designated labor category.
The same information as specified in paragraph (b) above is to be submitted with
the request.
(d) The Contracting Officer shall evaluate requests for changes in
personnel and promptly notify the Contractor, in writing, whether the request is
approved or disapproved.
Ddl-H40 FUNDING PROFILE
It is estimated that these incremental funds will provide for CLIN 0003. The
following details funding to date:
Total
Contract Funds This Previous Funds Balance
CPFF Action Funding Available Unfunded
$991,409.00 * $-0- * *
*TO BE SPECIFIED AT TIME OF AWARD OF OPTION
Ddl-H43 REQUIRED INSURANCE
(a) The following types of insurance are required in accordance with the
clause entitled "INSURANCE - LIABILITY TO THIRD PERSONS" and shall be maintained
in the minimum amounts shown:
(1) Comprehensive General Liability: $100,000 per person and
$500,000 per accident for bodily injury. No property damage general liability
insurance is required.
(2) Automobile Insurance: $200,000 per person and $500,000 per
accident for bodily injury and $20,000 per accident for property damage.
Comprehensive form of policy is required.
(3) Standard Workmen's Compensation and Employer's Liability
Insurance (or, where maritime employment is involved, Longshoremen's and Harbor
Worker's Compensation Insurance) in the minimum amount of $100,000.
(b) The policies for such insurance shall contain an endorsement that
cancellation or material change in the policies, adversely affecting the
interest of the Government in such insurance, shall not be effective unless the
Contracting Officer approves such cancellation or change. When the coverage is
provided by self-insurance, prior approval of the Administrative Contracting
Officer is required for any change or decrease in coverage.
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Ddl-H50 NOTICE OF INCORPORATION OF SECTION K
Section K of the solicitation (Representation, Certifications and Other
Statements of Offerors) will not be distributed with the contract; however, it
is incorporated in and forms a part of the resultant contract as though
furnished in full text therewith.
SEA 5252.232-9104 ALLOTMENT OF FUNDS (MAY 1993)
(a) This contract is incrementally funded with respect to both cost and fee. The
amount(s) presently available and allotted to this contract for payment of fee
for incrementally funded contract line item number/contract subline item number
(CLIN/SLIN), subject to the clause entitled "FIXED FEE" (FAR 52.216-8) or
"INCENTIVE FEE" (FAR 52.216-10), as appropriate, is specified below. The
amount(s) presently available and allotted to this contract for payment of cost
for incrementally funded CLINs/SLINs is set forth below. As provided in the
clause of this contract entitled "LIMITATION OF FUNDS" (FAR 52.232-22), the
CLINs/SLINs covered thereby, and the period of performance for which it is
estimated the allotted amount(s) will cover are as follows:
ESTIMATED
ITEM(S) ALLOTTED TO COST ALLOTTED TO FEE PERIOD OF PERFORMANCE
- ------- ---------------- --------------- ---------------------
0003,0004 $ $
(b) The parties contemplate that the Government will allot additional amounts to
this contract from time to time for the incrementally funded CLINs/SLINs by
unilateral contract modification, and any such modification shall state
separately the amount(s) allotted for cost, the amount(s) allotted for fee, the
CLINs/SLINs covered thereby, and the period of performance which the amount(s)
are expected to cover.
(c) CLINs/SLINs _ are fully funded and performance under these CLINs/SLINs is
subject to the clause of this contract entitled "LIMITATION OF COST" (FAR
52.232-20) or "LIMITATION OF COST (FACILITIES)" (FAR 52.232-21), as applicable.
(d) The Contractor shall segregate costs for the performance of incrementally
funded CLINs/SLINs from the costs of performance of fully funded CLINs/SLINs.
HQ B-2-0007 LIMITATION OF COST OR LIMITATION OF FUNDS LANGUAGE
The clause entitled "LIMITATION OF COST" (FAR 52.232-20) or "LIMITATION OF
FUNDS" (FAR 52.232-22), as appropriate, shall apply separately and independently
to each separately identified estimated cost.
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SECTION I CONTRACT CLAUSES
CLAUSES INCORPORATED BY REFERENCE:
52.202-1 Definitions DEC 2001
52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees APR 1984
52.203-6 Restrictions On Subcontractor Sales To The Government JUL 1995
52.203-7 Anti-Kickback Procedures JUL 1995
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or JAN 1997
Improper Activity
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997
52.203-12 Limitation On Payments To Influence Certain Federal Transactions JUN 1997
52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000
52.209-6 Protecting the Government's Interest When Subcontracting With JUL 1995
Contractors Debarred, Suspended, or Proposed for Debarment
52.211-15 Defense Priority And Allocation Requirements SEP 1990
52.215-2 Audit and Records--Negotiation JUN 1999
52.215-8 Order of Precedence--Uniform Contract Format OCT 1997
52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997
52.215-21 Requirements for Cost or Pricing Data or Information Other Than OCT 1997
Cost or Pricing Data--Modifications
52.216-7 Allowable Cost And Payment FEB 2002
52.216-8 Fixed Fee MAR 1997
52.219-8 Utilization of Small Business Concerns OCT 2000
52.222-3 Convict Labor AUG 1996
52.222-21 Prohibition Of Segregated Facilities FEB 1999
52.222-26 Equal Opportunity APR 2002
52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the DEC 2001
Vietnam Era and Other Eligible Veterans
52.222-36 Affirmative Action For Workers With Disabilities JUN 1998
52.222-37 Employment Reports On Special Disabled Veterans, Veterans Of DEC 2001
The Vietnam Era and Other Eligible Veterans
52.223-6 Drug Free Workplace MAY 2001
52.225-13 Restrictions on Certain Foreign Purchases JUL 2000
52.227-1 Alt I Authorization And Consent (Jul 1995) - Alternate I APR 1984
52.227-2 Notice and Assistance Regarding Patent and Copyright
Infringement AUG 1986
52.228-7 Insurance--Liability To Third Persons MAR 1996
52.229-3 Federal, State And Local Taxes JAN 1991
52.232-2 Payments Under Fixed-Price Research And Development Contracts APR 1984
52.232-17 Interest JUN 1996
52.232-20 Limitation of Cost APR 1984
52.232-22 Limitation Of Funds APR 1984
52.232-23 Assignment Of Claims JAN 1986
52.232-25 Prompt Payment FEB 2002
52.232-33 Payment by Electronic Funds Transfer--Central Contractor MAY 1999
Registration
52.233-1 Disputes DEC 1998
52.233-1 Alt I Disputes (Dec 1998) - Alternate 1 DEC 1991
52.233-3 Alt I Protest After Award (Aug 1996) - Alternate I JUN 1985
52.242-1 Notice of Intent to Disallow Costs APR 1984
52.242-3 Penalties for Unallowable Costs MAY 2001
52.242-4 Certification of Final Indirect Costs JAN 1997
52.242-13 Bankruptcy JUL 1995
52.243-1 Alt V Changes--Fixed-Price (Aug 1987) - Alternate V APR 1984
52.243-2 Alt V Changes--Cost-Reimbursement (Aug 1987) - Alternate V APR 1984
52.244-2 Alt I Subcontracts (Aug 1998) - Alternate 1 AUG 1998
52.244-6 Subcontracts for Commercial Items MAY 2002
52.249-2 Termination For Convenience Of The Government (Fixed-Price) SEP 1996
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52.249-6 Termination (Cost Reimbursement) SEP 1996
52.249-9 Default (Fixed-Priced Research And Development) APR 1984
52.249-14 Excusable Delays APR 1984
52.253-1 Computer Generated Forms JAN 1991
252.201-7000 Contracting Officer's Representative DEC 1991
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- MAR 1999
Contract-Related Felonies
252.204.7000 Disclosure of Information DEC 1991
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7004 Required Central Contractor Registration NOV 2001
252.205-7000 Provisions Of Information To Cooperative Agreement Holders DEC 1991
252.209-7000 Acquisition From Subcontractors Subject To On-Site Inspection NOV 1995
Under The Intermediate Range Nuclear Forces (INF) Treaty
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The MAR 1998
Government of a Terrorist Country
252.225-7012 Preference for Certain Domestic Commodities APR 2002
252.225-7026 Reporting Of Contract Performance Outside The United States JUN 2000
252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic SEP 2001
Enterprises-DoD Contracts
252.227-7013 Rights in Technical Data -- Noncommercial Items NOV 1995
252.227-7014 Rights in Noncommercial Computer Software and Noncommercial JUN 1995
Computer Software Documentation
252.227-7016 Rights in Bid or Proposal Information JUN 1995
252.231-7000 Supplemental Cost Principles DEC 1991
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment MAR 1998
252.247-7023 Transportation of Supplies by Sea MAR 2000
252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000
CLAUSES INCORPORATED BY FULL TEXT
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written
notice to the Contractor within 180 days; provided that the
Government gives the Contractor a preliminary written notice of its
intent to extend at leas 60 days before the contract expires. The
preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall
be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any
options under this clause, shall not exceed 18 months.
52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)
(a) The use of overtime is authorized under this contract if the overtime
premium cost does not exceed $--0-- or the overtime premium is paid for work --
(1) Necessary to cope with emergencies such as those resulting from accidents,
natural disasters, breakdowns of production equipment, or occasional production
bottlenecks of a sporadic nature;
(2) By indirect-labor employees such as those performing duties in connection
with administration, protection, transportation, maintenance, standby plant
protection, operation of utilities, or accounting;
(3) To perform tests, industrial processes, laboratory procedures, loading or
unloading of transportation conveyances, and operations in flight or afloat that
are continuous in nature and cannot reasonably be interrupted or
N00178-03-C-3079
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completed otherwise; or
(4) That will result in lower overall costs to the Government.
(b) Any request for estimated overtime premiums that exceeds the amount
specified above shall include all estimated overtime for contract completion and
shall--
(1) Identify the work unit; e.g., department or section in which the requested
overtime will be used, together with present workload, staffing, and other data
of the affected unit sufficient to permit the Contracting Officer to evaluate
the necessity for the overtime;
(2) Demonstrate the effect that denial of the request will have on the contract
delivery or performance schedule;
(3) Identify the extent to which approval of overtime would affect the
performance or payments in connection with other Government contracts, together
with identification of each affected contract; and
(4) Provide reasons why the required work cannot be performed by using
multishift operations or by employing additional personnel.
52.227-1l PATENT RIGHTS--RETENTION BY THE CONTRACTOR (SHORT FORM) (JUN 1997)
(a) Definitions.
(1) "Invention" means any invention or discovery which is or may be patentable
or otherwise protectable under title 35 of the United States Code, or any novel
variety of plant which is or may be protected under the Plant Variety Protection
Act (7 U.S.C. 2321, et seq.).
(2) "Made" when used in relation to any invention means the conception or first
actual reduction to practice of such invention.
(3) "Nonprofit organization" means a university or other institution of higher
education or an organization of the type described in section 501(c)(3) of the
Internal Revenue Code of 1954 (26 U.S.C. 501(c)) and exempt from taxation under
section 501(a) of the Internal Revenue Code (26 U.S.C. 501(a)) or any nonprofit
scientific or educational organization qualified under a state nonprofit
organization statute.
(4) "Practical application" means to manufacture, in the case of a composition
of product; to practice, in the case of a process or method, or to operate, in
the case of a machine or system; and, in each case, under such conditions as to
establish that the invention is being utilized and that is benefits are, to the
extent permitted by law or Government regulations, available to the public on
reasonable terms.
(5) "Small business firm" means a small business concern as defined at section 2
of Pub. L. 85-536 (15 U.S.C. 632) and implementing regulations of the
Administrator of the Small Business Administration. For the purpose of this
clause, the size standards for small business concerns involved in Government
procurement and subcontracting at 13 CFR 121.3-8 and 13 CFR 121.3-12,
respectively, will be used.
(6) "Subject invention" means any invention of the contractor conceived or first
actually reduced to practice in the performance of work under this contract,
provided that in the case of a variety of plant, the date of determination (as
defined in section 41(d) of the Plant Variety Protection Act, 7 U.S.C. 2401(d))
must also occur during the period of contract performance.
(b) Allocation of principal rights. The Contractor may retain the entire right,
title, and interest throughout the world to each subject invention subject to
the provisions of this clause and 35 U.S.C. 203. With respect to any subject
invention in which the Contractor retains title, the Federal Government shall
have a nonexclusive, nontransferable, irrevocable, paid-up license to practice
or have practiced for or on behalf of the United States the subject invention
throughout the world.
N00l78-03-C-3079
Page 21 of 27
(c) Invention disclosure, election of title, and filing of patent application by
Contractor. (1) The Contractor will disclose each subject invention to the
Federal agency within 2 months after the inventor discloses it in writing to
Contractor personnel responsible for patent matters. The disclosure to the
agency shall be in the form of a written report and shall identify the contract
under which the invention was made and the inventor(s). It shall be sufficiently
complete in technical detail to convey a clear understanding to the extent known
at the time of the disclosure, of the nature, purpose, operation, and the
physical, chemical, biological or electrical characteristics of the invention.
The disclosure shall also identify any publication, on sale or public use of the
invention and whether a manuscript describing the invention has been submitted
for publication and, if so, whether it has been accepted for publication at the
time of disclosure. In addition, after disclosure to the agency, the Contractor
will promptly notify the agency of the acceptance of any manuscript describing
the invention for publication or of any on sale or public use planned by the
Contractor.
(2) The Contractor will elect in writing whether or not to retain title to any
such invention by notifying the Federal agency within 2 years of disclosure to
the Federal agency. However, in any case where publication, on sale or public
use has initiated the 1-year statutory period wherein valid patent protection
can still be obtained in the United States, the period for election of title may
be shortened by the agency to a date that is no more than 60 days prior to the
end of the statutory period.
(3) The Contractor will file its initial patent application on a subject
invention to which it elects to retain title within 1 year after election of
title or, if earlier, prior to the end of any statutory period wherein valid
patent protection can be obtained in the United States after a publication, on
sale, or public use. The Contractor will file patent applications in additional
countries or international patent offices within either 10 months of the
corresponding initial patent application or 6 months from the date permission is
granted by the Commissioner of Patents and Trademarks to file foreign patent
applications where such filing has been prohibited by a Secrecy Order.
(4) Requests for extension of the time for disclosure election, and filing under
subparagraphs (c)(1), (2), and (3) of this clause may, at the discretion of the
agency, be granted.
(d) Conditions when the Government may obtain title. The Contractor will convey
to the Federal agency, upon written request, title to any subject invention--
(1) If the Contractor fails to disclose or elect title to the subject invention
within the times specified in paragraph (c) of this clause, or elects not to
retain title; provided, that the agency may only request title within 60 days
after learning of the failure of the Contractor to disclose or elect within the
specified times.
(2) In those countries in which the Contractor fails to file patent applications
within the times specified in paragraph (c) of this clause; provided, however,
that if the Contractor has filed a patent application in a country after the
times specified in paragraph (c) of this clause, but prior to its receipt of the
written request of the Federal agency, the Contractor shall continue to retain
title in that country.
(3) In any country in which the Contractor decides not to continue the
prosecution of any application for, to pay the maintenance fees on, or defend in
reexamination or opposition proceeding on, a patent on a subject invention.
(e) Minimum rights to Contractor and protection of the Contractor right to file.
(1) The Contractor will retain a nonexclusive royalty-free license throughout
the world in each subject invention to which the Government obtains title,
except if the Contractor fails to disclose the invention within the times
specified in paragraph (c) of this clause. The Contractor's license extends to
its domestic subsidiary and affiliates, if any, within the corporate structure
of which the Contractor is a party and includes the right to grant sublicenses
of the same scope to the extent the Contractor was legally obligated to do so at
the time the contract was awarded. The license is transferable only with the
approval of the Federal agency, except when transferred to the successor of that
part of the Contractor's business to which the invention pertains.
(2) The Contractor's domestic license may be revoked or modified by the funding
Federal agency to the extent necessary to achieve expeditious practical
application of subject invention pursuant to an application for an exclusive
license submitted in accordance with applicable provisions at 37 CFR Part 404
and agency licensing
N00178-03-C-3079
Page 22 of 27
regulations (if any). This license will not be revoked in that field of use or
the geographical areas in which the Contractor has achieved practical
application and continues to make the benefits of the invention reasonably
accessible to the public. The license in any foreign country may be revoked or
modified at the discretion of the funding Federal agency to the extent the
Contractor, its licensees, or the domestic subsidiaries or affiliates have
failed to achieve practical application in that foreign country.
(3) Before revocation or modification of the license, the funding Federal agency
will furnish the Contractor a written notice of its intention to revoke or
modify the license, and the Contractor will be allowed 30 days (or such other
time as may be authorized by the funding Federal agency for good cause shown by
the Contractor) after the notice to show cause why the license should not be
revoked or modified. The Contractor has the right to appeal, in accordance with
applicable regulations in 37 CFR Part 404 and agency regulations, if any,
concerning the licensing of Government-owned inventions, any decision concerning
the revocation or modification of the license.
(f) Contractor action to protect the Government's interest. (1) The Contractor
agrees to execute or to have executed and promptly deliver to the Federal agency
all instruments necessary to (i) establish or confirm the rights the Government
has throughout the world in those subject inventions to which the Contractor
elects to retain title, and (ii) convey title to the Federal agency when
requested under paragraph (d) of this clause and to enable the Government to
obtain patent protection throughout the world in that subject invention.
(2) The Contractor agrees to require, by written agreement, its employees, other
than clerical and nontechnical employees, to disclose promptly in writing to
personnel identified as responsible for the administration of patent matters and
in a format suggested by the Contractor each subject invention made under
contract in order that the Contractor can comply with the disclosure provisions
of paragraph (c) of this clause, and to execute all papers necessary to file
patent applications on subject inventions and to establish the Government's
rights in the subject inventions. This disclosure format should require, as a
minimum, the information required by subparagraph (c)(1) of this clause. The
Contractor shall instruct such employees, through employee agreements or other
suitable educational programs, on the importance of reporting inventions in
sufficient time to permit the filing of patent applications prior to U.S. or
foreign statutory bars.
(3) The Contractor will notify the Federal agency of any decisions not to
continue the prosecution of a patent application, pay maintenance fees, or
defend in a reexamination or opposition proceeding on a patent, in any country,
not less than 30 days before the expiration of the response period required by
the relevant patent office.
(4) The Contractor agrees to include, within the specification of any United
States patent application and any patent issuing thereon covering a subject
invention, the following statement, "This invention was made with Government
support under (identify the contract) awarded by (identify the Federal agency).
The Government has certain rights in the invention."
(g) Subcontracts. (1) The Contractor will include this clause, suitably modified
to identify the parties, in al subcontracts, regardless of tier, for
experimental, developmental, or research work to be performed by a small
business firm or domestic nonprofit organization. The subcontractor will retain
all rights provided for the Contractor in this clause, and the Contractor will
not, as part of the consideration for awarding the subcontract, obtain rights in
the subcontractor's subject inventions.
(2) The Contractor will include in all other subcontracts, regardless of tier,
for experimental, developmental, or research work the patent rights clause
required by Subpart 27.3.
(3) In the case of subcontracts, at any tier, the agency, subcontractor, and the
Contractor agree that the mutual obligations of the parties created by this
clause constitute a contract between the subcontractor and the Federal agency
with respect to the matters covered by the clause; provided, however, that
nothing in this paragraph is intended to confer any jurisdiction under the
Contract Disputes Act in connection with proceedings under paragraph (j) of this
clause.
(h) Reporting on utilization of subject inventions. The Contractor agrees to
submit, on request, periodic reports no more frequently than annually on the
utilization of a subject invention or on efforts at obtaining such utilization
that
N00178-03-C-3079
Page 23 of 27
are being made by the Contractor or its licensees or assignees. Such reports
shall include information regarding the status of development, date of first
commercial sale or use, gross royalties received by the Contractor, and such
other data and information as the agency may reasonably specify. The Contractor
also agrees to provide additional reports as may be requested by the agency in
connection with any march-in proceeding undertaken by the agency in accordance
with paragraph (j) of this clause. As required by 35 U.S.C. 202(c)(5), the
agency agrees it will not disclose such information to persons outside the
Government without permission of the Contractor.
(i) Preference for United States industry. Notwithstanding any other provision
of this clause, the Contractor agrees that neither it nor any assignee will
grant to any person the exclusive right to use or sell any subject invention in
the United States unless such person agrees that any product embodying the
subject invention or produced through the use of the subject invention will be
manufactured substantially in the United States. However, in individual cases,
the requirement for such an agreement may be waived by the Federal agency upon a
showing by the Contractor or its assignee that reasonable but unsuccessful
efforts have been made to grant licenses on similar terms to potential licensees
that would be likely to manufacture substantially in the United States or that
under the circumstances domestic manufacture is not commercially feasible.
(j) March-in rights. The Contractor agrees that, with respect to any subject
invention in which it has acquired title, the Federal agency has the right in
accordance with the procedures in 37 CFR 401.6 and any supplemental regulations
of the agency to require the Contractor, an assignee or exclusive licensee of a
subject invention to grant a nonexclusive, partially exclusive, or exclusive
license in any field of use to a responsible applicant or applicants, upon terms
that are reasonable under the circumstances, and if the Contractor, assignee, or
exclusive licensee refuses such a request the Federal agency has the right to
grant such a license itself if the Federal agency determines that--
(1) Such action is necessary because the Contractor or assignee has not taken,
or is not expected to take within a reasonable time, effective steps to achieve
practical application of the subject invention in such field of use;
(2) Such action is necessary to alleviate health or safety needs which are not
reasonably satisfied by the Contractor, assignee, or their licensees;
(3) Such action is necessary to meet requirements for public use specified by
Federal regulations and such requirements are not reasonably satisfied by the
Contractor, assignee, or licensees; or
(4) Such action is necessary because the agreement required by paragraph (i) of
this clause has not been obtained or waived or because a licensee of the
exclusive right to use or sell any subject invention in the United States is in
breach of such agreement.
(k) Special provisions for contracts with nonprofit organizations. If the
Contractor is a nonprofit organization, it agrees that--
(1) Rights to a subject invention in the United States may not be assigned
without the approval of the Federal agency, except where such assignment is made
to an organization which has as one of its primary functions the management of
inventions; provided, that such assignee will be subject to the same provisions
as the Contractor;
(2) The Contractor will share royalties collected on a subject invention with
the inventor, including Federal employee co-inventors (when the agency deems it
appropriate) when the subject invention is assigned in accordance with 35 U.S.C.
202(e) and 37 CFR 401.10;
(3) The balance of any royalties or income earned by the Contractor with respect
to subject inventions, after payment of expenses (including payments to
inventors) incidental to the administration of subject inventions will be
utilized for the support of scientific research or education; and
(4) It will make efforts that are reasonable under the circumstances to attract
licensees of subject inventions that are small business firms, and that it will
give a preference to a small business firm when licensing a subject invention if
the Contractor determines that the small business firm has a plan or proposal
for marketing the invention which, if executed, is equally as likely to bring
the invention to practical application as any plans or proposals from applicants
N00178-03-C-3079
Page 24 of 27
that are not small business firms; provided, that the Contractor is also
satisfied that the small business firm has the capability and resources to carry
out its plan or proposal. The decision whether to give a preference in any
specific case will be at the discretion of the contractor. However, the
Contractor agrees that the Secretary of Commerce may review the Contractor's
licensing program and decisions regarding small business applicants, and the
Contractor will negotiate changes to its licensing policies, procedures, or
practices with the Secretary of Commerce when the Secretary's review discloses
that the Contractor could take reasonable steps to more effectively implement
the requirements of this subparagraph (k)(4).
(l) Communications.
The contractor shall report inventions in accordance with DFARS 252.227-7039
incorporated by reference in this contract.
52.244-2 SUBCONTRACTS (AUG 1998)
(a) Definitions. As used in this clause--
Approved purchasing system means a Contractor's purchasing system that has been
reviewed and approved in accordance with Part 44 of the Federal Acquisition
Regulation (FAR).
Consent to subcontract means the Contracting Officer's written consent for the
Contractor to enter into a particular subcontract.
Subcontract means any contract, as defined in FAR Subpart 2.1, entered into by a
subcontractor to furnish supplies or services for performance of the prime
contract or a subcontract. It includes, but is not limited to, purchase orders,
and changes and modifications to purchase orders.
(b) This clause does not apply to subcontracts for special test equipment when
the contract contains the clause at FAR 52.245-18, Special Test Equipment.
(c) When this clause is included in a fixed-price type contract, consent to
subcontract is required only on unpriced contract actions (including unpriced
modifications or unpriced delivery orders), and only if required in accordance
with paragraph (d) or (e) of this clause.
(d) If the Contractor does not have an approved purchasing system, consent to
subcontract is required for any subcontract that--
(1) Is of the cost-reimbursement, time-and-materials, or labor-hour type; or
(2) Is fixed-price and exceeds--
(i) For a contract awarded by the Department of Defense, the Coast Guard, or the
National Aeronautics and Space Administration, the greater of the simplified
acquisition threshold or 5 percent of the total estimated cost of the contract;
or
(ii) For a contract awarded by a civilian agency other than the Coast Guard and
the National Aeronautics and Space Administration, either the simplified
acquisition threshold or 5 percent of the total estimated cost of the contract.
(e) If the Contractor has an approved purchasing system, the Contractor
nevertheless shall obtain the Contracting Officer's written consent before
placing the following subcontracts:
N00178-03-C-3079
Page 25 of 27
(f)(1) The Contractor shall notify the Contracting Officer reasonably in advance
of placing any subcontract or modification thereof for which consent is required
under paragraph (c), (d), or (e) of this clause, including the following
information:
(i) A description of the supplies or services to be subcontracted.
(ii) Identification of the type of subcontract to be used.
(iii) Identification of the proposed subcontractor.
(iv) The proposed subcontract price.
(v) The subcontractor's current, complete, and accurate cost or pricing data and
Certificate of Current Cost or Pricing Data, if required by other contract
provisions.
(vi) The subcontractor's Disclosure Statement or Certificate relating to Cost
Accounting Standards when such data are required by other provisions of this
contract.
(vii) A negotiation memorandum reflecting--
(A) The principal elements of the subcontract price negotiations;
(B) The most significant considerations controlling establishment of initial or
revised prices;
(C) The reason cost or pricing data were or were not required;
(D) The extent, if any, to which the Contractor did not rely on the
subcontractor's cost or pricing data in determining the price objective and in
negotiating the final price;
(E) The extent to which it was recognized in the negotiation that the
subcontractor's cost or pricing data were not accurate, complete, or current;
the action taken by the Contractor and the subcontractor; and the effect of any
such defective data on the total price negotiated;
(F) The reasons for any significant difference between the Contractor's price
objective and the price negotiated; and
(G) A complete explanation of the incentive fee or profit plan when incentives
are used. The explanation shall identify each critical performance element,
management decisions used to quantify each incentive element, reasons for the
incentives, and a summary of all trade-off possibilities considered.
(2) The Contractor is not required to notify the Contracting Officer in advance
of entering into any subcontract for which consent is not required under
paragraph (c), (d), or (e) of this clause.
(g) Unless the consent or approval specifically provides otherwise, neither
consent by the Contracting Officer to any subcontract nor approval of the
Contractor's purchasing system shall constitute a determination--
(1) Of the acceptability of any subcontract terms or conditions;
(2) Of the allowability of any cost under this contract; or
(3) To relieve the Contractor of any responsibility for performing this
contract.
(h) No subcontract or modification thereof placed under this contract shall
provide for payment on a cost-plus-a-percentage-of-cost basis, and any fee
payable under cost-reimbursement type subcontracts shall not exceed the fee
limitations in FAR 15.404-4(c)(4)(i).
N00178-03-C-3079
Page 26 of 27
(i) The Contractor shall give the Contracting Officer immediate written notice
of any action or suit filed and prompt notice of any claim made against the
Contractor by any subcontractor or vendor that, in the opinion of the
Contractor, may result in litigation related in any way to this contract, with
respect to which the Contractor may be entitled to reimbursement from the
Government.
(j) The Government reserves the right to review the Contractor's purchasing
system as set forth in FAR Subpart 44.3.
(k) Paragraphs (d) and (f) of this clause do not apply to the following
subcontracts, which were evaluated during negotiations:
Dr. Larry Marsteller
6510 East Carondelet Drive
Tucson, AZ 85710
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force
and effect as if they were given in full text. Upon request, the Contracting
Officer will make their full text available. Also, the full text of a clause may
be accessed electronically at this/these address(es):
HTTP://FARSITE.HILL.AF.MIL
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition
Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated
by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Department of Defense FAR
Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated
by the addition of "(DEVIATION)" after the name of the regulation.
252.235-7010 Acknowledgment of Support and Disclaimer. (MAY 1995)
(a) The Contractor shall include an acknowledgment of the Government's support
in the publication of any material based on or developed under this contract,
stated in the following terms: This material is based upon work supported by the
Naval Surface Warfare Center, Dahlgren Division under Contract No.
N00178-03-C-3079.
(b) All material, except scientific articles or papers published in scientific
journals, must, in addition to any notices or disclaimers by the Contractor,
also contain the following disclaimer: Any opinions, findings and conclusions or
recommendations expressed in this material are those of the author(s) and do not
necessarily reflect the views of the Naval Surface Warfare Center, Dahlgren
Division.
252.235-7011 Final Scientific or Technical Report (SEP 1999)
The Contractor shall submit two copies of the approved scientific or technical
report delivered under this contract to the Defense Technical Information Center
(DTIC), Attn: DTIC-)OC, 8725 John J. Kingman Road, Suite 0944, Fort Belvoir, VA
22060-6218. The Contractor shall include a completed Standard Form 298, Report
Documentation Page, with each copy of the report. For submission of reports in
other than paper copy, contract the Defense Technical Information Center, Attn:
DTIC-OC, 8725 John J. Kingman Road, Suite 0944, Fort Belvoir, VA 22060-6218.
N00178-03-C-3079
Page 27 of 27
SECTION J LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
CLAUSES INCORPORATED BY FULL TEXT
Ddl-J10 LIST OF ATTACHMENTS
Attachment J.1 -- Contract Data Requirements List, DD1423
Attachment J.2 -- Contracting Officer's Representative Appointment Letter
- ------------------------------------------------------------------------------------------------------------------------------------
CONTRACT DATA REQUIREMENTS LIST FORM APPROVED
(1 DATA ITEM) OMB NO. 0704-0188
- ------------------------------------------------------------------------------------------------------------------------------------
Public reporting burden for this collection of information is estimated to average 110 hours per response, including the time
for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing
the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Services, Directorate for
Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302, and to the Office Management
and Budget, Paperwork Reduction Project (0704-0188), Washington, DC 20503. Please DO NOT RETURN your form to either of these
addresses. SEND COMPLETED FORM TO THE GOVERNMENT ISSUING CONTRACTING OFFICER FOR THE CONTRACT/PR NO. LISTED IN BLOCK E.
- ------------------------------------------------------------------------------------------------------------------------------------
A. CONTRACT LINE ITEM NO. B. EXHIBIT C. CATEGORY:
SEE 16 TDP ________ TM-_______ OTHER __________________________
- ------------------------------------------------------------------------------------------------------------------------------------
D. SYSTEM/ITEM E. CONTRACT/PR NO. F. CONTRACTOR
Research and Development (BAA) N00178-03-C-3079 CDEX, INC.
- ------------------------------------------------------------------------------------------------------------------------------------
1. DATA ITEM NO. 2. TITLE OF DATA ITEM 3. SUBTITLE
A001 STATUS REPORT MONTHLY STATUS REPORT
- ------------------------------------------------------------------------------------------------------------------------------------
4. AUTHORITY (DATA ACQUISITION 5. CONTRACT REFERENCE 6. REQUIRING OFFICE
DOCUMENT NO.)
CLINs 0001AA, 0001AB, 0001AC &
DI-MGMT-80368 CLIN 0003 NSWCDD Code J12
- ------------------------------------------------------------------------------------------------------------------------------------
7. DD 250 REQ 9. DIST STATEMENT 10. FREQUENCY 12. DATE OF 14. DISTRIBUTION
REQUIRED FIRST SUBMISSION ------------------------------------
LT MTHLY 35 DAC b. COPIES
- ----------------------- ------------------------------------------------ -----------------
8. APP CODE 11. AS OF DATE 13. DATE OF a. ADDRESSEE Final
E SUBSEQUENT SUBMISSION Draft -----------
See 16 See 16 Reg Repro
- ------------------------------------------------------------------------------------------------------------------------------------
16. REMARKS
COR via email to: 0 1 0
Monthly Status Report. Report, signed by a Corporate Officer, to be submitted BoughtonRA@nswc.
35 days after beginning of contract and every month thereafter. Report shall be navy.mil
submitted in a Microsoft Office application format. Cost based on contractor
format acceptable.
DI-MGMT-80368 Section 10.2.2.3 is not required.
Address all work (conducted or completed) during the report period shall be
identified in the report; if none are originated, a statement to that effect shall be
made.
Inventions and Computer programs originating during the report period shall be
identified in the report; if none are originated, a statement to that effect shall be
made. NSWCDD 0 1 0
Procurement Div.
Submit the report with the above Block 3 Subtitle, the Contract Number, and the via email:
report submission date. elliottdg@nswc.
navy.mil
Block A and 5: Applies to all CLINS and sub-CLINS which reference CDRL A001.
Block 9: Distribution statement B applies - "Distribution authorized to US
Government agencies only. Other requests for this document must be referred to
NSWCDD/J12.
------------------------------------
15. TOTAL --> 0 3 0
- ------------------------------------------------------------------------------------------------------------------------------------
G. PREPARED BY H. DATE I. APPROVED BY J. DATE
- ------------------------------------------------------------------------------------------------------------------------------------
- ----------------------------
17. PRICE GROUP
- ----------------------------
18. ESTIMATED TOTAL PRICE
- ----------------------------
DD FORM 1423-1, JUN 90 PREVIOUS EDITIONS ARE OBSOLETE Page _____ of _____ Pages
1007-183
- ------------------------------------------------------------------------------------------------------------------------------------
CONTRACT DATA REQUIREMENTS LIST FORM APPROVED
(1 DATA ITEM) OMB NO. 0704-0188
- ------------------------------------------------------------------------------------------------------------------------------------
Public reporting burden for this collection of information is estimated to average 110 hours per response, including the time
for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing
the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Services, Directorate for
Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302, and to the Office Management
and Budget, Paperwork Reduction Project (0704-0188), Washington, DC 20503. Please DO NOT RETURN your form to either of these
addresses. SEND COMPLETED FORM TO THE GOVERNMENT ISSUING CONTRACTING OFFICER FOR THE CONTRACT/PR NO. LISTED IN BLOCK E.
- ------------------------------------------------------------------------------------------------------------------------------------
A. CONTRACT LINE ITEM NO. B. EXHIBIT C. CATEGORY:
SEE 16 TDP ________ TM-_______ OTHER __________________________
- ------------------------------------------------------------------------------------------------------------------------------------
D. SYSTEM/ITEM E. CONTRACT/PR NO. F. CONTRACTOR
Research and Development (BAA) N00178-03-C-3079 CDEX, INC.
- ------------------------------------------------------------------------------------------------------------------------------------
1. DATA ITEM NO. 2. TITLE OF DATA ITEM 3. SUBTITLE
A002 Contact Summary Report Feasibility Study Comprehensive Final Report
- ------------------------------------------------------------------------------------------------------------------------------------
4. AUTHORITY (DATA ACQUISITION 5. CONTRACT REFERENCE 6. REQUIRING OFFICE
DOCUMENT NO.)
CLIN 0001AE
DI-ADMN-80447 NSWCDD Code J12
- ------------------------------------------------------------------------------------------------------------------------------------
7. DD 250 REQ 9. DIST STATEMENT 10. FREQUENCY 12. DATE OF 14. DISTRIBUTION
REQUIRED FIRST SUBMISSION ------------------------------------
DD ONE TIME 30 DAYS AFTER CC b. COPIES
- ----------------------- ------------------------------------------------ -----------------
8. APP CODE 11. AS OF DATE 13. DATE OF a. ADDRESSEE Final
E SUBSEQUENT SUBMISSION Draft -----------
NONE Reg Repro
- ------------------------------------------------------------------------------------------------------------------------------------
16. REMARKS
COR via email to: 0 1 0
Feasibility Study Comprehensive Final Report. Report to be delivered 30 days BoughtonRA@nswc.
after completion of the contract. Report shall be prepared in both Microsoft navy.mil
Office and PDF format.
Block 3: Typed report, with cover page bearing: the Block 3 Subtitle; the
Contract Number; the BAA Number; and the report submission date.
Report body shall present the work completed in sufficient detail to permit NSWCDD 0 1 0
independent verification of the results obtained and shall detail major Procurement Div.
accomplishments and/or findings. via email:
elliottdg@nswc.
Block A and 5: Applies to all CLINS and sub-CLINS which reference CDRL navy.mil
A002.
Block 9: Distribution statement E applies - "Distribution authorized to DOD
components only as proprietary information may be involved. Other requests for
this document must be referred to NSWCDD/J12."
Block 14: Distribution is as follows: One electronic copy of the report in
Microsoft Office format shall be submitted to the COR. One electronic copy of
the Transmittal Letter, only, to the Procurement Division.
------------------------------------
15. TOTAL --> 2
- ------------------------------------------------------------------------------------------------------------------------------------
G. PREPARED BY H. DATE I. APPROVED BY J. DATE
- ------------------------------------------------------------------------------------------------------------------------------------
- ----------------------------
17. PRICE GROUP
- ----------------------------
18. ESTIMATED TOTAL PRICE
- ----------------------------
DD FORM 1423-1, JUN 90 PREVIOUS EDITIONS ARE OBSOLETE Page _____ of _____ Pages
1007-183
- ------------------------------------------------------------------------------------------------------------------------------------
CONTRACT DATA REQUIREMENTS LIST FORM APPROVED
(1 DATA ITEM) OMB NO. 0704-0188
- ------------------------------------------------------------------------------------------------------------------------------------
Public reporting burden for this collection of information is estimated to average 110 hours per response, including the time
for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing
the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Services, Directorate for
Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302, and to the Office Management
and Budget, Paperwork Reduction Project (0704-0188), Washington, DC 20503. Please DO NOT RETURN your form to either of these
addresses. SEND COMPLETED FORM TO THE GOVERNMENT ISSUING CONTRACTING OFFICER FOR THE CONTRACT/PR NO. LISTED IN BLOCK E.
- ------------------------------------------------------------------------------------------------------------------------------------
A. CONTRACT LINE ITEM NO. B. EXHIBIT C. CATEGORY:
SEE 16 TDP ________ TM-_______ OTHER __________________________
- ------------------------------------------------------------------------------------------------------------------------------------
D. SYSTEM/ITEM E. CONTRACT/PR NO. F. CONTRACTOR
Research and Development (BAA) N00178-03-C-3079 CDEX, INC.
- ------------------------------------------------------------------------------------------------------------------------------------
1. DATA ITEM NO. 2. TITLE OF DATA ITEM 3. SUBTITLE
Demo Prototype Development Research Plan
A003 Contact Summary Report w/Cost Proposal & Conceptual Design
- ------------------------------------------------------------------------------------------------------------------------------------
4. AUTHORITY (DATA ACQUISITION 5. CONTRACT REFERENCE 6. REQUIRING OFFICE
DOCUMENT NO.)
CLIN 0002
DI-ADMN 80447 NSWCDD, Code J12/Robert Brannon
- ------------------------------------------------------------------------------------------------------------------------------------
7. DD 250 REQ 9. DIST STATEMENT 10. FREQUENCY 12. DATE OF 14. DISTRIBUTION
REQUIRED FIRST SUBMISSION ------------------------------------
LT ONE TIME 30 DAYS AFTER CC b. COPIES
- ----------------------- ------------------------------------------------ -----------------
8. APP CODE 11. AS OF DATE 13. DATE OF a. ADDRESSEE Final
E SUBSEQUENT SUBMISSION Draft -----------
NONE Reg Repro
- ------------------------------------------------------------------------------------------------------------------------------------
16. REMARKS
COR via email to: 0 1 0
Demonstration Prototype Development Research Plan with Cost Proposal and BoughtonRA@nswc.
Prototype Conceptual Design. Report to be delivered 30 days after completion of navy.mil
the contract. Report shall be prepared in Microsoft Office. The report shall be
used to gain a better understanding of what the contractor plans to accomplish
under Prototype Development option effort. This report along with the
Feasibility Study final report will be used to decide whether or not to exercise the
option effort.
NSWCDD 0 1 0
Block A and 5: Applies to all CLINS and sub-CLINS which reference CDRL Procurement Div.
A003. via email:
elliottdg@nswc.
Block 9: Distribution statement E applies - "Distribution authorized to DOD navy.mil
components only as proprietary information may be involved. Other requests for
this document must be referred to NSWCDD/J12."
Block 14: Distribution is as follows: One electronic copy of the report in
Microsoft Office format shall be submitted to the COR. Send Letter of
Transmittal only, to Procurement Division.
------------------------------------
15. TOTAL --> 2
- ------------------------------------------------------------------------------------------------------------------------------------
G. PREPARED BY H. DATE I. APPROVED BY J. DATE
- ------------------------------------------------------------------------------------------------------------------------------------
- ----------------------------
17. PRICE GROUP
- ----------------------------
18. ESTIMATED TOTAL PRICE
- ----------------------------
DD FORM 1423-1, JUN 90 PREVIOUS EDITIONS ARE OBSOLETE Page _____ of _____ Pages
1007-183
- ------------------------------------------------------------------------------------------------------------------------------------
CONTRACT DATA REQUIREMENTS LIST FORM APPROVED
(1 DATA ITEM) OMB NO. 0704-0188
- ------------------------------------------------------------------------------------------------------------------------------------
Public reporting burden for this collection of information is estimated to average 110 hours per response, including the time
for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing
the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Services, Directorate for
Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302, and to the Office Management
and Budget, Paperwork Reduction Project (0704-0188), Washington, DC 20503. Please DO NOT RETURN your form to either of these
addresses. SEND COMPLETED FORM TO THE GOVERNMENT ISSUING CONTRACTING OFFICER FOR THE CONTRACT/PR NO. LISTED IN BLOCK E.
- ------------------------------------------------------------------------------------------------------------------------------------
A. CONTRACT LINE ITEM NO. B. EXHIBIT C. CATEGORY:
SEE 16 TDP ________ TM-_______ OTHER __________________________
- ------------------------------------------------------------------------------------------------------------------------------------
D. SYSTEM/ITEM E. CONTRACT/PR NO. F. CONTRACTOR
Research and Development (BAA) N00178-03-C-3079 CDEX, INC.
- ------------------------------------------------------------------------------------------------------------------------------------
1. DATA ITEM NO. 2. TITLE OF DATA ITEM 3. SUBTITLE
Prototype Hardware, Software, and Operation
A005 Software User Manual Manual
- ------------------------------------------------------------------------------------------------------------------------------------
4. AUTHORITY (DATA ACQUISITION 5. CONTRACT REFERENCE 6. REQUIRING OFFICE
DOCUMENT NO.)
CLIN 0004
DI-IPSC-81443A NSWCDD Code J12
- ------------------------------------------------------------------------------------------------------------------------------------
7. DD 250 REQ 9. DIST STATEMENT 10. FREQUENCY 12. DATE OF 14. DISTRIBUTION
REQUIRED FIRST SUBMISSION ------------------------------------
LT ONE TIME SEE 16 b. COPIES
- ----------------------- ------------------------------------------------ -----------------
8. APP CODE 11. AS OF DATE 13. DATE OF a. ADDRESSEE Final
E SUBSEQUENT SUBMISSION Draft -----------
NONE Reg Repro
- ------------------------------------------------------------------------------------------------------------------------------------
16. REMARKS
COR via email to: 0 1 0
Prototype Hardware, Software, and Operations Manual. Manual to be delivered BoughtonRA@nswc.
30 days before completion of the Prototype Development Option Period. Report navy.mil
shall be prepared in both Microsoft Office and PDF format.
Block 4: Contractor format is acceptable. Use DID as a guideline for the
information desired.
Block A and 5: Applies to all CLINS and sub-CLINS which reference CDRL NSWCDD 0 1 0
A006. Procurement Div.
via email:
Block 9: Distribution statement E applies - "Distribution authorized to DOD elliottdg@nswc.
components only as proprietary information may be involved. Other requests for navy.mil
this document must be referred to NSWCDD/J12."
Block 14: Distribution is as follows: One electronic copy of the report in
Microsoft Office format shall be submitted to the COR. One electronic copy of
the Transmittal Letter, only, to the Procurement Division.
------------------------------------
15. TOTAL --> 2
- ------------------------------------------------------------------------------------------------------------------------------------
G. PREPARED BY H. DATE I. APPROVED BY J. DATE
- ------------------------------------------------------------------------------------------------------------------------------------
- ----------------------------
17. PRICE GROUP
- ----------------------------
18. ESTIMATED TOTAL PRICE
- ----------------------------
DD FORM 1423-1, JUN 90 PREVIOUS EDITIONS ARE OBSOLETE Page _____ of _____ Pages
1007-183
- ------------------------------------------------------------------------------------------------------------------------------------
CONTRACT DATA REQUIREMENTS LIST FORM APPROVED
(1 DATA ITEM) OMB NO. 0704-0188
- ------------------------------------------------------------------------------------------------------------------------------------
Public reporting burden for this collection of information is estimated to average 110 hours per response, including the time
for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing
the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Services, Directorate for
Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302, and to the Office Management
and Budget, Paperwork Reduction Project (0704-0188), Washington, DC 20503. Please DO NOT RETURN your form to either of these
addresses. SEND COMPLETED FORM TO THE GOVERNMENT ISSUING CONTRACTING OFFICER FOR THE CONTRACT/PR NO. LISTED IN BLOCK E.
- ------------------------------------------------------------------------------------------------------------------------------------
A. CONTRACT LINE ITEM NO. B. EXHIBIT C. CATEGORY:
SEE 16 TDP ________ TM-_______ OTHER __________________________
- ------------------------------------------------------------------------------------------------------------------------------------
D. SYSTEM/ITEM E. CONTRACT/PR NO. F. CONTRACTOR
Research and Development (BAA) N00178-03-C-3079 CDEX, INC.
- ------------------------------------------------------------------------------------------------------------------------------------
1. DATA ITEM NO. 2. TITLE OF DATA ITEM 3. SUBTITLE
Prototype Development Comprehensive Final
A004 Contract Summary Report Report
- ------------------------------------------------------------------------------------------------------------------------------------
4. AUTHORITY (DATA ACQUISITION 5. CONTRACT REFERENCE 6. REQUIRING OFFICE
DOCUMENT NO.)
CLIN 0004
DI-ADMN-80447A NSWCDD Code J12
- ------------------------------------------------------------------------------------------------------------------------------------
7. DD 250 REQ 9. DIST STATEMENT 10. FREQUENCY 12. DATE OF 14. DISTRIBUTION
REQUIRED FIRST SUBMISSION ------------------------------------
DD ONE TIME SEE 16 b. COPIES
- ----------------------- ------------------------------------------------ -----------------
8. APP CODE 11. AS OF DATE 13. DATE OF a. ADDRESSEE Final
E SUBSEQUENT SUBMISSION Draft -----------
NONE Reg Repro
- ------------------------------------------------------------------------------------------------------------------------------------
16. REMARKS
COR via email to: 0 1 0
Prototype Development Comprehensive Final Report. Report to be delivered 30 BoughtonRA@nswc.
days after completion of the Prototype Development Option Period. Report shall navy.mil
be prepared in both Microsoft Office and PDF format.
Block 3: Typed Report, with cover page bearing: the Block 3 Subtitle; the
Contract Number; the BAA Number; and the report submission date.
Report body shall present the work completed in sufficient detail to permit NSWCDD 0 1 0
independent verification of the results obtained and shall detail major Procurement Div.
accomplishments and/or findings. via email:
elliottdg@nswc.
Block A and 5: Applies to all CLINS and sub-CLINS which reference CDRL navy.mil
A005.
Block 9: Distribution statement E applies - "Distribution authorized to DOD
components only as proprietary information may be involved. Other requests for
this document must be referred to NSWCDD/J12."
Block 14: Distribution is as follows: One electronic copy of the report in
Microsoft Office format shall be submitted to the COR. One electronic copy of
the Transmittal Letter, only, to the Procurement Division.
------------------------------------
15. TOTAL --> 2
- ------------------------------------------------------------------------------------------------------------------------------------
G. PREPARED BY H. DATE I. APPROVED BY J. DATE
- ------------------------------------------------------------------------------------------------------------------------------------
- ----------------------------
17. PRICE GROUP
- ----------------------------
18. ESTIMATED TOTAL PRICE
- ----------------------------
DD FORM 1423-1, JUN 90 PREVIOUS EDITIONS ARE OBSOLETE Page _____ of _____ Pages
1007-183
- ------------------------------------------------------------------------------------------------------------------------------------
CONTRACT DATA REQUIREMENTS LIST FORM APPROVED
(1 DATA ITEM) OMB NO. 0704-0188
- ------------------------------------------------------------------------------------------------------------------------------------
Public reporting burden for this collection of information is estimated to average 110 hours per response, including the time
for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing
the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Services, Directorate for
Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302, and to the Office Management
and Budget, Paperwork Reduction Project (0704-0188), Washington, DC 20503. Please DO NOT RETURN your form to either of these
addresses. SEND COMPLETED FORM TO THE GOVERNMENT ISSUING CONTRACTING OFFICER FOR THE CONTRACT/PR NO. LISTED IN BLOCK E.
- ------------------------------------------------------------------------------------------------------------------------------------
A. CONTRACT LINE ITEM NO. B. EXHIBIT C. CATEGORY:
SEE 16 TDP ________ TM-_______ OTHER __________________________
- ------------------------------------------------------------------------------------------------------------------------------------
D. SYSTEM/ITEM E. CONTRACT/PR NO. F. CONTRACTOR
Research and Development (BAA) N00178-03-C-3079 CDEX, INC.
- ------------------------------------------------------------------------------------------------------------------------------------
1. DATA ITEM NO. 2. TITLE OF DATA ITEM 3. SUBTITLE
A006 Report of Invention and Disclosure Patent Application for Invention
- ------------------------------------------------------------------------------------------------------------------------------------
4. AUTHORITY (DATA ACQUISITION 5. CONTRACT REFERENCE 6. REQUIRING OFFICE
DOCUMENT NO.)
"37 CFR Chapter 1" SEE BLOCK 16 NSWCDD Code J12
- ------------------------------------------------------------------------------------------------------------------------------------
7. DD 250 REQ 9. DIST STATEMENT 10. FREQUENCY 12. DATE OF 14. DISTRIBUTION
REQUIRED FIRST SUBMISSION ------------------------------------
LT ONE/R SEE BLOCK 16 b. COPIES
- ----------------------- ------------------------------------------------ -----------------
8. APP CODE 11. AS OF DATE 13. DATE OF a. ADDRESSEE Final
SUBSEQUENT SUBMISSION Draft -----------
A B 30 DARC Reg Repro
- ------------------------------------------------------------------------------------------------------------------------------------
16. REMARKS COR - hardcopy to 0 1 0
ship-to address at
Block 3: A Patent Application prepared in accordance with the Rules of Practice block 11 at Page 1
of the United States Patent and Trademark Office (PTO) (as set forth in 37 CRF
Chapter 1), including Specification, Drawings, Abstract, and one or more
Claims, together with an appropriate declaration executed by the inventor or
inventors, all in accordance with 37 CFR. The Patent Application shall be
accompanied by one of the two instruments described below:
1. An ASSIGNMENT OF THE INVENTION by the Contractor to the Government of the
United States of America as represented by the Secretary of the Navy shall be
submitted to the Contracting Officer upon exercise of the Contrator's election,
under FAR 52.227-11, to decline application to the PTO for Patent. (The
Government applies for patent and you receive use license.)
2. Upon exercise of the Contractor's election under FAR 52.226-11 to apply to
PTO for patent, a CONFIRMATION INSTRUMENT shall be submitted to the Contracting
Officer. The instrument shall identify the Patent by PTO application serial
number and filling date, shall confirm nonexclusive, nontransferable,
irrevocable paid-up license to practice, or have practiced, the invention for or
on behalf of the United States, and shall grant the Government an irrevocable
power to inspect and make copies of the application and related papers in the
PTO. (The Government receives license to use your Patent.)
Block A and 5: Applies to all CLINS and sub-CLINS which reference CDRL
A005 (OR ALL CDRLS IN GENERAL).
Block 9: Distribution statement B applies applies - "Distribution authorized to
US Government agencies only." In order to protect information not owned by
the US Government, other requests for this document must be referred to
NSWCDD/J12.
Block 12: per FAR 52.227-11.
------------------------------------
15. TOTAL --> 0 1 0
- ------------------------------------------------------------------------------------------------------------------------------------
G. PREPARED BY H. DATE I. APPROVED BY J. DATE
- ------------------------------------------------------------------------------------------------------------------------------------
- ----------------------------
17. PRICE GROUP
- ----------------------------
18. ESTIMATED TOTAL PRICE
- ----------------------------
DD FORM 1423-1, JUN 90 PREVIOUS EDITIONS ARE OBSOLETE Page _____ of _____ Pages
1007-183
9 APR 03
MEMORANDUM
From: J10
To: XDS13
Subj: NOMINATION OF CONTRACTING OFFICER'S REPRESENTATIVE (CDEX, INC.)
Ref: (a) NAVSEAINST 4200.17B, Contracting Officer's Representative (COR)
1. Pursuant to reference (a), I hereby nominate Roger Boughton as the
Contracting Officer's Representative (COR) for contract N00178-03-C-3079 with
CDEX, Inc. The contract is for research and development of sensor systems under
NSWC Broad Agency Announcement N60921-0l-Q-3040.
2. Mr. Boughton's qualifications are: Provides program management and systems
engineering support to NSWC projects and previously on ONR Missile Defense
program from September 2000 to September 2002. Past COR on ONR contract
N00014-02-C-0163 to provide software algorithm analysis: $150K, cost plus.
3. Mr. Boughton is trained as an Electrical Engineer. His title and grade are:
Engineer, ND4. His contact information is: NSWC Code J12, 17320 Dahlgren Road,
Dahlgren, VA 22448-5100. His phone number is 540-653-4882 and email address is
BOUGHTONRA@NSWC.NAVY.MIL.
4. In case of any problems, disagreements, or other questions pertaining to the
COR's performance of duties you may contact: Mr. John Wright (Jl2) or Mr. Art
Blankenship (J10L).
5. Mr. Boughton has completed Navy approved COR training. He has attended COR
training in October 1997 and the DAWIA sponsored 3-day COR training in July
2002.
6. The individual performance rating elements for Mr. Boughton include the COR
function as a stand-alone element.
7. I recommend that the COR be assigned the following duties:
a. Control all Government technical interface with the contractor.
Subj: NOMINATION OF CONTRACTING OFFICER'S REPRESENTIVE (CDEX, INC.)
b. Ensure that a copy of all Government technical correspondence is
forwarded to the Contracting Officer (CO) for placement in the contract task
order file.
c. Promptly furnish documentation on any requests for change, deviation,
or waiver, whether generated by the Government or the contractor, to the CO (and
Ordering Officer) for their action.
d. Determine causes when the contract is not progressing as expected and
make recommendation to the CO for corrective action.
e. Monitor contract performance to ensure individual contractor employees
are of the skill levels required and are actually performing at the levels
charged against the contract during the performance period.
f. Monitor contract performance to ensure that the labor hours charged
against the contract are consistent and reasonable for the effort completed and
that any travel charged was necessary and actually occurred.
g. Monitor Government Furnished Property. Ensure the property provided to
the contractor is authorized by the contract.
h. Complete the COR Report of Contractor's Performance in accordance with
the schedule established in the contract administration plan for conduct.
8. Any changes to these recommended duties must be discussed with the
undersigned prior to issuing the appointment letter.
9. If you have any questions or comments, please contact the undersigned at
x3-1969.
/s/ S. A. BLANKENSHIP
S. A. BLANKENSHIP, Head
Measured Response Options Division
Copy to:
J12
J12/Boughton