[Federal Register Volume 62, Number 65 (Friday, April 4, 1997)]
[Rules and Regulations]
[Pages 16099-16107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8642]
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DEPARTMENT OF DEFENSE
48 CFR Part 235
[DFARS Case 96-D028]
Defense Federal Acquisition Regulation Supplement; Streamlined
Research and Development Clause Lists
agency: Department of Defense (DoD).
action: Final rule.
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summary: The Director of Defense Procurement has issued a final rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to authorize continued use of streamlined research and development
solicitation and contracting procedures at the contracting activities
that participated in the test of such procedures.
effective date: April 4, 1997.
for further information contact: Defense Acquisition Regulations
Council, Attn: Mr. Michael Pelkey, PDUSD (A&T) DP (DAR), IMD 3D139,
3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-
0131; telefax number (703) 602-0350. Please cite DFARS Case 96-D028 in
all correspondence related to this issue.
SUPPLEMENTARY INFORMATION:
A. Background
On October 18, 1994, the Director of Defense Procurement authorized
a test of streamlined research and development contracting procedures
for complex, detailed requirements for which the Broad Agency
Announcement process is inappropriate. This rule will permit the
contracting activities that participated in the test to continue to use
the streamlined procedures pending development and publication of
permanent procedures.
[[Page 16100]]
B. Regulatory Flexibility Act
This final rule does not constitute a significant revision within
the meaning of FAR 1.501 and Public Law 98-577, and publication for
public comment is not required. However, comments from small entities
concerning the affected DFARS subpart will be considered in accordance
with 5 U.S.C. 610. Such comments should cite DFARS Case 96-D028 in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this rule does
not impose any new information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
List of Subjects in 48 CFR Part 235
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, 48 CFR Part 235 is amended as follows:
1. The authority citation for 48 CFR Part 235 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 235--RESEARCH AND DEVELOPMENT CONTRACTING
Sec. 235.7001 [Amended]
2. Section 235.7001 is amended by removing paragraph (a) and
redesignating paragraphs (b) and (c) as paragraphs (a) and (b),
respectively.
3. Section 235.7002 is amended by revising the introductory text of
paragraph (a), and paragraphs (b) and (d) to read as follows:
Sec. 235.7002 Applicability.
(a) The following contracting offices have been approved by the
Director of Defense Procurement for participation in the test and may
use the procedures of this subpart pending implementation of permanent
procedures.
* * * * *
(b) Consider using the procedures in this subpart when the
acquisition will result in a cost-reimbursement type contract that is
valued at $10,000,000 or less and meets the criteria for research and
development as defined in 235.001 and FAR 35.001. The procedures in
this subpart shall not be used for--
(1) Contracts to be performed outside of the United States and
Puerto Rico;
(2) Contracts denominated in other than U.S. dollars; or
(3) Acquisitions using simplified acquisition procedures.
* * * * *
(d) Regardless of whether or not the RDSS is used, the contracting
officer may use the research and development streamlined contracting
format at 235.7006 for any acquisition that meets the criteria in
235.7002(b).
Sec. 235.7003 [Removed and Reserved]
4. Section 235.7003 is removed and reserved.
5. Section 235.7005 is amended by revising the section heading and
the introductory text to read as follows:
Sec. 235.7005 The research and development streamlined contract
(RDSC).
The RDSC is the streamlined contract that results from the use of
the RDSS or other solicitation procedures that meet the criteria for
use of the RDSS. Include the following in RDSCs:
* * * * *
6. Section 235.7006 is revised to read as follows:
Sec. 235.7006 The research and development streamlined contracting
format.
(a) The clauses and provisions prescribed in the exhibit to
paragraph (d) of this section are mandatory unless they are marked with
an asterisk. Terms, clauses and provisions marked with an asterisk are
for use as appropriate as prescribed elsewhere in FAR and DFARS. List
in the solicitation published in the Commerce Business Daily (see
paragraph (d)(A.1)(v) of this section) the numbers of any asterisked
terms, clauses, and provisions that apply to the acquisition, and the
text of any special provisions, instructions, or notices that are
approved for use in the solicitation.
(b) At the time of contract award to educational or nonprofit
institutions, delete those clauses and provisions that do not apply to
such institutions, and, as necessary, replace with the appropriate
alternatives. For example, FAR 52.203-10 will be included in all
solicitations, but deleted in awards to educational institutions.
(c) The use of FAR and DFARS provisions and clauses, and
nonstandard provisions and clauses approved for agency use, that are
not in the research and development streamlined contract format
provided by the Exhibit in this section, shall be approved in
accordance with agency procedures.
(d) The research and development streamlined contract format is set
forth in the following exhibit:
Exhibit--Research and Development Streamlined Contract Format
Part I--The Schedule
Section A, Solicitation/Contract Form
(A.1) Research and development streamlined solicitation (RDSS).
Include the following in the RDSS:
(i) Solicitation number;
(ii) A statement that award will be made in accordance with
DFARS Subpart 235.70, Research and Development Streamlined
Contracting Procedures;
(iii) A statement as to whether the RDSS includes a supplemental
package;
(iv) Instructions for obtaining any supplemental package,
including use of Electronic Bulletin Boards, as appropriate;
(v) A statement that all of the mandatory terms, clauses, and
provisions, and certain asterisked terms, clauses, and provisions in
DFARS 235.7006 are incorporated by reference. This statement must
list the asterisked terms, clauses, and provisions that apply. (for
example: ``All of the mandatory terms, clauses, and provisions at
DFARS 235.7006, Research and development streamlined contract
format, and the following items listed therein for use as applicable
are incorporated by reference: B.4, B.5, C.1, E.3, I.80.'')
Additions to and deletions from the clauses and provisions listed in
the standard format, and data required to be inserted in blanks in
clauses or solicitation provisions, when known at the time the
solicitation is published, must be clearly annotated in the RDSS;
(vi) A statement that the clauses and provisions are those in
effect through FAC ______, DAC ______, and Departmental Letter No.
______;
(vii) A statement that the standard evaluation factors at
Section M of this subpart apply, or, if they do not apply, the
applicable evaluation factors. If the standard evaluation factors
are modified in any way, the modifications must be clearly expressed
so that the result is unambiguous. Additions to and deletions from
Section M must be clearly annotated in the RDSS;
(viii) Identification of data requirements by including either:
(A) A summary of the data requirements that identifies all
deliverable data items, and specifies number of copies and frequency
of delivery; or
(B) A notice that DD Form 1423, Contract Data Requirements List,
is included in the supplemental package;
(ix) Type of cost contract contemplated;
(x) Estimated period of performance;
(xi) Notice of preproposal conference, if applicable, with
location, date, and time;
(xii) Notice of small business or other set-aside, if
applicable;
(xiii) Notice of place, date, and time technical and cost
proposals are due;
(xiv) Number of copies of technical and cost proposals required;
(xv) Proposal page limitations;
(xvi) Whether multiple awards are contemplated;
(xvii) Name, address, and telephone number of contracting
officer;
(xviii) Any applicable Commerce Business Daily numbered notes;
[[Page 16101]]
(xix) Statement that a DD Form 254, Contract Security
Classification Specification, will be included in the supplemental
package, if appropriate;
(xx) The statement of work, or a statement that the statement of
work is in the supplemental package; and
(xxi) The applicable Standard Industrial Classification (SIC)
code and small business size standard.
(A.2) Research and development streamlined contract (RDSC). Use
either Standard Form (SF) 33, Solicitation, Offer and Award, or SF
26, Award/Contract.
Section B, Supplies or Services and Prices/Costs
(Use appropriate CLIN structure. Include item descriptions.)
(B.1) Type of Contract.
This is a ________________ Contract.
*(B.2) Estimated Cost. (Use when no fee will be paid)
The total estimated cost for this contract is $__________
The total estimated cost for this contract is $____________
*(B.3) Cost-Plus-Fixed-Fee. (Applicable to fee-bearing
contracts)
The total estimated cost for this contract $____________
The total fixed fee for this contract is $ ____________
*(B.4) Award Fee. (Applicable to award fee-type contracts)
In addition to the fee set forth elsewhere in the contract, the
Contractor may earn an award fee up to $______ on the basis of
performance during the performance periods, and in the amount
specified in the award fee plan.
(i) Monitoring of performance. The contractor's performance will
be monitored continually by the Award Fee Review Board.
(ii) Award fee plan. This plan provides necessary administrative
information, including the evaluation criteria and schedule, for the
purpose of implementing the award fee provision. Upon contract
award, the Contractor will be provided the award fee plan subject to
any withholding authorized by the ____________ (insert appropriate
contracting official).
(iii) Modification of award fee plan. Before the start of an
evaluation period, the Government may unilaterally--
(A) Modify the award fee performance evaluation criteria and
areas applicable to the evaluation period; and
(B) Redistribute the remaining award fee dollars among the
remaining periods. The Contracting Officer will notify the
Contractor in writing of the changes and modify the award fee plan
accordingly.
(iv) The following standards of performance shall be used in
determining whether and to what extent the Contractor has earned or
may be entitled to receive any award fee:
(A) Excellent performance: Contractor performance of virtually
all contract task requirements is uniformly well above standard and
exceeds the standard by a substantial margin in numerous significant
tangible or intangible benefits to the Government (i.e., improved
quality, responsiveness, increased timeliness, or generally enhanced
effectiveness of operations). There are few areas for improvement;
these areas are all minor; there are no recurring problems; and
management has initiated effective corrective action whenever
needed.
(B) Very good performance: The contractor's performance of most
contract task requirements is uniformly well above standard and
exceeds the standard in many significant areas. Although some areas
may require improvements these are minor and are more than offset by
better performance in other areas. Few, if any, recurring
deficiencies have been noted in the Contractor's performance and the
contractor has demonstrated/taken satisfactory corrective action.
Innovative management actions have resulted intangible or intangible
benefits to the Government (i.e., improved quality, responsiveness,
increased quantity, increased timeliness, or generally enhanced
effectiveness of operations).
(C) Good performance: Contractor's performance of most contract
task requirements meets the standard, and it exceeds the standard in
several significant areas. While the remainder of the contractor's
effort generally meets contract requirements, areas requiring
improvement are more than offset by better performance in other
areas. Management actions taken or initiated have resulted in some
demonstrated benefits to the Government (i.e., improved quality,
responsiveness, timeliness, or effectiveness of operations).
(D) Marginal performance: Contractor performance meets most
contract standards. Although there are areas of good or better
performance, these are more or less offset by lower rated
performance in other areas. Little additional tangible benefit is
observable due to contractor effort or initiative.
(E) Submarginal performance: Contractor performance is below
standard in several areas. Contractor performance in accordance with
requirements is inconsistent. Quality, responsiveness, timeliness,
and/or economy in many areas require attention and action.
Corrective actions have not been taken, or are ineffective. Overall
submarginal performance shall not be given award fee.
(v) Maximum payable award fee. The maximum payable award fee in
any evaluation period shall be determined based on the amount set
forth in the applicable contract line items and a percentage based
on the Government's evaluation of the Contractor's performance as
follows:
------------------------------------------------------------------------
Percent of maximum award fee
Performance payable
------------------------------------------------------------------------
Excellent................................ __% to __%
Very Good................................ __% to __%
Good..................................... __% to __%
Marginal................................. __% to __%
Submarginal.............................. 0%
------------------------------------------------------------------------
(vi) Self-evaluation. The Contractor may submit to the
Contracting Officer within five working days after the end of each
award fee evaluation period, a brief written self-evaluation of its
performance for the period. This statement may contain information
which may be used to assist the Award Fee Review Board in its
evaluation of the Contractor's performance during the period.
(vii) Disputes. The decision of the Fee Determining Official on
the amount of award fee will not be subject to the ``Disputes''
clause.
(viii) Award fee payment.
(A) As determined by the Fee Determining Official, payment of
any award fee will not be subject to the ``Allowable Cost and
Payment'' and ``Termination (Cost Reimbursement)'' clauses of this
contract.
(B) The Contractor may submit vouchers for the award fee
immediately upon receipt of the Contracting Officer's written award
fee notification.
*(B.5) Target Cost and Fee. (Applicable to incentive fee-type
contracts. The following information shall be inserted into the
appropriate blanks in clause I.54.) The target cost is $__________.
The target fee is $__________.
The minimum fee the contractor may receive is $__________.
The maximum fee the contractor may receive is $__________.
Share ratio:________________.
(Government/Contractor)
*(B.6) Payment of Fixed Fee on Cost-Plus-Fixed-Fee (Completion)
Contracts. The fixed fee shall be paid in monthly installments based
upon the percentage of completion of work as determined by the
Administrative Contracting Officer, subject to the withholding
provisions of the contract.
*(B.7) Payment of Fixed Fee on Cost-Plus-Fixed-Fee (Term)
Contracts. (Applicable to cost-plus-fixed-fee (term) contracts when
the clause at FAR 52.216-8 is used.) Pursuant to the clause at FAR
52.216-8, Fixed Fee, and subject to withholding provisions contained
in that clause or elsewhere in this contract, fixed fee shall be
paid to the Contractor based upon the percentage of hours completed
as related to the total hours set forth in the contract on each
voucher. The Contractor shall certify to the level of effort
expended during that period. The Government technical representative
shall sign a statement on the certificate that the work performed
during the period has been performed satisfactorily.
*(B.8) Options. (Applicable to contracts with options) The
Government may require performance of the work required by CLIN
______. The Contracting Officer shall provide written notice of
intent to exercise this option to the Contractor on or before
__________. If the Government exercises this option by ______, the
Contractor shall perform at the estimated cost and fee, if
applicable, set forth as follows:
Estimated Cost.................................... $________________
OR
Estimated Cost.................................... $________________
Fixed Fee......................................... $________________
Total............................................. $________________
OR
Estimated Cost.................................... $________________
Base Fee.......................................... $________________
Maximum Award Fee................................. $________________
Total............................................. $________________
[[Page 16102]]
OR
Target Cost....................................... $________________
Minimum Fee....................................... $________________
Target Fee........................................ $________________
Maximum Fee....................................... $________________
Share Ratio....................................... $________________
Section C, Description/Specifications/Work Statements
*(C.1) Classified Work Statement. (Applicable if Section C is
classified.) The description/specifications/work statement entitled,
``____________,'' classified ____________, dated ____________, is
incorporated herein by reference. A copy may be obtained from the
Contracting Officer, if a need-to-know is established and
appropriate security clearance has been granted.
*(C.2) Unclassified Work Statement. (Applicable if Section C is
unclassified and is attached to the contract.) The description/
specifications/work statement is included as Attachment
____________.
*(C.3) Contractor's Technical Proposal. (Applicable if portions
of the Contractor's proposal are incorporated by reference. Include
only those portions of the proposal that specifically describe the
work to be performed.) The Contractor's proposal entitled,
``____________,'' pages ____________, dated ____________, is
incorporated herein by reference.
Section D, Packing and Marking
(D.1) Commercial Packaging.
Preservation, packaging, and packing shall provide adequate
protection against physical damage during shipment for all
deliverable items in accordance with standard commercial practices.
Section E, Inspection and Acceptance
(1) Federal Acquisition Regulation clauses:
*(E.1)..................... 52.246-8 Inspection of Research and
Development--Cost
Reimbursement.
*(E.2)..................... 52.246-8 Inspection of Research and
Development--Cost
Reimbursement (Alternate I).
*(E.3)..................... 52.246-9 Inspection of Research and
Development (Short Form).
(2) Defense Federal Acquisition Regulation Supplement clauses.
*(E.4)..................... 252.246-700 Material Inspection and
0 Receiving Report.
(3) Other provisions.
(E.5) Inspection and Acceptance.
Inspection and acceptance of any and all deliverables under this
contract will be accomplished by the contracting officer or a
designated representative.
Section F, Deliveries or Performance
*(F.1) FAR 52.242-15 Stop Work Order--Alternate I.
(F.2) Delivery of Reports.
(i) All data shall be delivered in accordance with the delivery
schedule shown on the Contract Data Requirements List, attachments,
or as incorporated by reference.
(ii) All reports and correspondence submitted under this
contract shall include the contract number and project number and be
forwarded prepaid. A copy of the letters of transmittal shall be
delivered to the Procuring Contracting Officer (PCO) and the
Administrative Contracting Officer (ACO). The addresses are set
forth on the contract award cover page. All other address(es) and
code(s) for consignee(s) are as set forth in the contract or
incorporated by reference.
*(F.3) FAR 52.247-55 F.O.B. Point of Delivery of Government-
Furnished Property.
*(F.4) The work under this contract shall commence on
________________ and be completed no later than ________________.
Section G, Contract Administration Data
*(G.1) Contractor Payment Address. (To be filled in at time of
contract award. Applicable if the Contractor has specified a payment
address other than the address shown on the cover page of the
contract.)
Contractor Payment Address:
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*(G.2) Incremental Funding. (Applicable to incrementally funded
contracts.) This contract is incrementally funded pursuant to the
Limitation of Funds clause, FAR 52.232-22. Funds are hereby
obligated in the amount of $__________ and it is estimated that they
are sufficient for contract performance through __________.
*(G.3) Incremental Funding. (Applicable to incrementally funded
contracts.) This contract is incrementally funded pursuant to the
Limitation of Funds clause, FAR 52.232-22. Funds are hereby
obligated in the amount $__________ and it is estimated that they
are sufficient for contract performance through __________.
Additional incremental funding planned, but not obligated, is:
(Insert funding schedule.)
*(G.4) Request for Equal Opportunity Preaward Clearance of
Subcontracts. (Applicable to subcontracts over $1 million.) To
provide the Contracting Officer with adequate time to process the
Contractor's request for preaward clearance of subcontracts as
required by FAR 52.222-28, the prime contractor shall request
preaward clearance through the Contracting Officer at least 30
calendar days before the proposed award date, unless the cognizant
Department of Labor Compliance Office agrees to a shorter time.
*(G.5) Contracting Officer's Representative. (To be filled in at
time of contract award.) The Contracting Officer's representative
for this contract is:
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*(G.6) Invoice Instructions. (Insert invoice instructions.)
(G.7) Accounting and Appropriation Data (Insert accounting and
appropriation data.)
Section H, Special Contract Requirements
(H.1) Incorporation of Section K by Reference. Pursuant to
Federal Acquisition Regulation (FAR) 15.406-1(b), Section K of the
solicitation is hereby incorporated by reference.
*(H.2) Rent-Free Use of Government Property. The Contractor may
use on a rent-free, noninterference basis, as necessary for the
performance of this contract, the Government property accountable
under contract(s) ________. The Contractor is responsible for
scheduling the use of all property covered by the above referenced
contract(s) and the Government shall not be responsible for
conflicts, delays, or disruptions to any work performed by the
Contractor due to use of any or all such property under this
contract or any other contracts under which use of such property is
authorized.
*(H.3) Government-Furnished Property. The Government will
furnish to the Contractor for use in the performance of the contract
on a rent-free basis the Government-owned property listed in an
attachment to this contract, subject to the provisions of the
Government Property Clause of the Contract Clauses.
(H.4) Scientific/Technical Information. If not already
registered, the Contractor is encouraged to register for Defense
Technical Information Center (DTIC) service by contacting the
following:
Defense Technical Information Center, Attn: Registration Section
(DTIC-BCS), 8725 John J. Kingman Road, Suite 0944, Fort Belvoir, VA
22060-0944, (703) 767-8273 or 1-800-CAL-DTIC (225-3842), menu
selection 2.
To avoid duplication of effort and conserve scientific and
technical resources, the Contractor is encouraged to search existing
sources in DTIC to determine the current state of the art concepts,
studies, etc.
(H.5) Reserved.
*(H.6) (Insert nonstandard clause(s) approved in accordance with
agency procedures, if applicable.)
Part II--Contract Clauses
Section I, Contract Clauses
(I.1).............. 52.252-2 Clauses Incorporated by
Reference.
(I.2).............. 52.202-1 Definitions.
(I.3).............. (\1\) ................................
(I.4).............. 52.203-3 Gratuities.
(I.5).............. 52.203-5 Covenant Against Contingent
Fees.
(I.6).............. 52.203-7 Anti-Kickback Procedures.
(I.7).............. 52.203-10 Price or Fee Adjustment for
Illegal or Improper Activity.
[[Page 16103]]
(I.8).............. 52.209-6 Protecting the Government's
Interest When Subcontracting
with Contractors Debarred,
Suspended, or Proposed for
Debarment.
(I.9).............. (\1\) ................................
(I.10)............. (\1\) ................................
(I.11)............. (\1\) ................................
(I.12)............. 52.215-26 Integrity of Unit Prices.
(I.13)............. 52.215-33 Order of Precedence.
(I.14)............. 52.216-7 Allowable Cost and Payment
(Modified in accordance with
16.307 as applicable).
(I.15)............. (\1\) ................................
(I.16)............. (\1\) ................................
(I.17)............. (\1\) ................................
(I.18)............. (\1\) ................................
(I.19)............. 52.222-3 Convict Labor.
(I.20)............. 52.222-26 Equal Opportunity.
(I.21)............. 52.222-35 Affirmative Action for Special
Disabled and Vietnam Era
Veterans.
(I.22)............. 52.222-36 Affirmative Action for
Handicapped Workers.
(I.23)............. 52.222-37 Employment Reports on Special
Disabled Veterans and Veterans
of the Vietnam Era.
(I.24)............. 52.223-6 Drug-Free Workplace.
(I.25)............. 52.225-11 Restrictions on Certain Foreign
Purchases.
(I.26)............. 52.227-1 Authorization and Consent--
Alternate I.
(I.27)............. 52.227-2 Notice and Assistance Regarding
Patent and Copyright
Infringement.
(I.28)............. 52.228-7 Insurance--Liability to Third
Persons.
(I.29)............. 52.232-9 Limitation on Withholding of
Payments.
(I.30)............. 52.232-23 Assignment of Claims.
(I.31)............. 52.232-25 Prompt Payment.
(I.32)............. (\1\) ................................
(I.33)............. 52.233-1 Disputes.
(I.34)............. 52.233-3 Protest After Award--Alternate
I.
(I.35)............. 52.242-1 Notice of Intent to Disallow
Costs.
(I.36)............. 52.242-13 Bankruptcy.
(I.37)............. 52.244-2 Subcontracts (Cost-Reimbursement
and Letter Contracts) Alternate
I.
(I.38)............. 52.244-5 Competition in Subcontracting.
(I.39)............. 52.247-1 Commercial Bill of Lading
Notations.
(I.40)............. 52.249-14 Excusable Delays.
(I.41)............. 52.253-1 Computer-Generated Forms.
(I.42)............. (\1\) ................................
(I.43)............. (\1\) ................................
*(I.44)............ 52.204-2 Security Requirements.
*(I.45)............ 52.204-2 Security Requirements--Alternate
I (For educational
institutions).
*(I.46)............ 52.215-22 Price Reduction for Defective
Cost or Pricing Data.
*(I.47)............ 52.215-23 Price Reduction for Defective
Cost or Pricing
DataModifications.
*(I.48)............ 52.215-24 Subcontractor Cost or Pricing
Data.
*(I.49)............ 52.215-25 Subcontractor Cost or Pricing
Data-Modifications.
*(I.50)............ 52.215-27 Termination of Defined Benefit
Pension Plans (Except
educational institutions).
*(I.51)............ 52.215-31 Waiver of Facilities Capital
Cost of Money (Except
educational institutions).
*(I.52)............ 52.215-39 Reversion or Adjustment of Plans
for Postretirement Benefits
Other than Pension (PRB).
*(I.53)............ 52.216-8 Fixed Fee.
*(I.54)............ 52.216-10 Incentive Fee.
*(I.55)............ 52.216-11 Cost Contract--No Fee.
*(I.56)............ 52.216-11 Cost Contact-No Fee--Alternate
I.
*(I.57)............ 52.216-12 Cost-Sharing Contract-No Fee.
*(I.58)............ 52.216-12 Cost-Sharing Contract-No Fee--
Alternate I.
*(I.59)............ 52.216-15 Predetermined Indirect Cost
Rates (For educational
institutions only).
*(I.59A)........... 52.216-7002 Alternate A (For educational
institutions only).
*(I.60)............ 52.219-6 Notice of Total Small Business
Set-Aside.
*(I.61)............ 52.219-6 Notice of Total Small Business
Set-Aside--Alternate I.
(I.62)............. (\1\) ................................
*(I.63)............ (\1\) ................................
*(I.64)............ 52.219-14 Limitations on Subcontracting.
*(I.65)............ 52.219-16 Liquidated Damages-Small
Business Subcontracting Plan.
*(I.66)............ (\1\) ................................
*(I.67)............ 52.222-1 Notice to the Government of
Labor Disputes.
*(I.68)............ 52.222-2 Payment for Overtime Premiums
(Insert applicable information
in paragraph (a)).
*(I.69)............ 52.222-28 Equal Opportunity Preaward
Clearance of Subcontracts.
*(I.70)............ 52.223-2 Clean Air and Water.
*(I.71)............ 52.223-3 Hazardous Material
Identification and Material
Safety Data.
*(I.72)............ 52.223-7 Notice of Radioactive Materials
(Insert in paragraph (a): 21).
*(I.73)............ 52.226-1 Utilization of Indian
Organizations and Indian-Owned
Economic Enterprises.
*(I.74)............ 52.227-10 Filing of Patent Applications-
Classified Subject Matter.
*(I.75)............ 52.227-11 Patent Rights-Retention by the
Contractor (Short Form).
*(I.76)............ 52.227-12 Patent Rights-Retention by the
Contractor (Long Form).
*(I.77)............ 52.227-13 Patent Rights-Acquisition by the
Government.
(I.78)............. (\1\) ................................
(I.79)............. (\1\) ................................
*(I.80)............ 52.229-8 Taxes--Foreign Cost-
Reimbursement Contracts.
*(I.81)............ 52.229-10 State of New Mexico Gross
Receipts and Compensating Tax
(Insert applicable information
in paragraph (c)).
[[Page 16104]]
*(I.82)............ 52.230-2 Cost Accounting Standards
(Except if exempted).
*(I.83)............ 52.230-3 Disclosure and Consistency of
Cost Accounting Practices
(Except if exempted).
*(I.84)............ 52.230-6 Administration of Cost
Accounting Standards (Except
educational institutions).
*(I.85)............ 52.232-17 Interest.
*(I.86)............ 52.232-20 Limitation of Cost.
*(I.87)............ 52.232-22 Limitation of Funds.
*(I.88)............ 52.232-23 Assignment of Claims-Alternate
I.
*(I.89)............ 52.233-1 Disputes-Alternate I.
*(I.90)............ 52.237-2 Protection of Government
Buildings, Equipment and
Vegetation.
*(I.91)............ 52.242-10 F.O.B. Origin-Government Bills
of Lading or Prepaid Postage.
*(I.92)............ 52.242-11 F.O.B. Origin-Government Bills
of Lading or Indicia Mail.
*(I.93)............ 52.242-12 Report of Shipment (REPSHIP).
*(I.94)............ 52.243-2 Changes--Cost-Reimbursement-
Alternate V.
*(I.95)............ 52.243-6 Change Order Accounting.
*(I.96)............ 52.243-7 Notification of Changes (30
Calendar Days).
*(I.97)............ 52.245-5 Government Property (Cost-
Reimbursement, Time-and-
Material, or Labor-Hour
Contracts).
*(I.98)............ 52.245-5 Government Property (Cost-
Reimbursement, Time-and-
Material, or Labor-Hour
Contracts)-Alternate I (For
educational institutions and
nonprofit organizations).
*(I.99)............ 52.245-19 Government Property Furnished
``As Is''.
*(I.100)........... 52.246-23 Limitation of Liability.
*(I.101)........... 52.246-24 Limitation of Liability-High
Value Items.
*(I.102)........... 52.246-24 Limitation of Liability-High
Value Items-Alternate I.
*(I.103)........... 52.246-25 Limitation of Liability-
Services.
*(I.104)........... 52.247-63 Preference for U.S.-Flag Air
Carriers.
*(I.105)........... 52.247-66 Returnable Cylinder.
*(I.106)........... 52.249-5 Termination for Convenience of
the Government (Educational and
Other Nonprofit Institutions).
*(I.107)........... 52.249-6 Termination (Cost-
Reimbursement).
*(I.108)........... 52.251-1 Government Supply Sources.
(I.109)............ 252.201-7000 Contracting Officer's
Representative.
(I.110)............ 252.203-7001 Special Prohibition on
Employment.
(I.111)............ (\1\) ................................
(I.112)............ (\1\) ................................
(I.113)............ 252.204-7003 Control of Government Personnel
Work Product.
(I.114)............ 252.209-7000 Acquisitions from Subcontractors
Subject to On-Site Inspection
under the Intermediate-Range
Nuclear Forces (INF) Treaty.
(I.115)............ 252.225-7012 Preference for Certain Domestic
Commodities.
(I.116)............ 252.225-7031 Secondary Arab Boycott of
Israel.
(I.117)............ (\1\) ................................
(I.118)............ (\1\) ................................
(I.119)............ (\1\) ................................
(I.120)............ 252.227-7030 Technical Data-Withholding of
Payment.
(I.121)............ 252.227-7037 Validation of Restrictive
Markings on Technical Data.
(I.122)............ 252.231-7000 Supplemental Cost Principles.
(I.123)............ 252.232-7006 Reduction or Suspension of
Contract Payments Upon Finding
of Fraud.
(I.124)............ 252.242-7000 Postaward Conference.
(I.125)............ (\1\) ................................
(I.126)............ 252.247-7023 Transportation of Supplies by
Sea.
*(I.127)........... (\1\) ................................
*(I.128)........... 252.203-7002 Display of DoD Hotline Poster.
*(I.129)........... 252.204-7000 Disclosure of Information.
*(I.130)........... 252.204-7002 Payment for Subline Items Not
Separately Priced.
*(I.131)........... 252.205-7000 Provision of Information to
Cooperative Agreement Holders.
*(I.132)........... 252.215-7000 Pricing Adjustments.
*(I.133)........... 252.215-7002 Cost Estimating System
Requirements.
*(I.134)........... 252.219-7001 Notice of Partial Small Business
Set-Aside with Preferential
Consideration for Small
Disadvantaged Business
Concerns.
*(I.134A).......... 252.219-7001 Notice of Partial Small Business
Set-Aside with Preferential
Consideration for Small
Disadvantaged Business
Concerns, Alternate I.
*(I.135)........... 252.219-7002 Notice of Small Disadvantaged
Business Set-Aside.
*(I.135A).......... 252.219-7002 Notice of Small Disadvantaged
Business Set-Aside, Alternate
I.
*(I.136)........... 252.219-7003 Small Business and Small
Disadvantaged Business
Subcontracting Plan (DoD
Contracts).
*(I.137)........... 252.219-7004 Small Business and Small
Disadvantaged Business
Subcontracting Plan (Test
Program).
*(I.138)........... 252.219-7005 Incentive for Subcontracting
with Small Businesses, Small
Disadvantaged Businesses,
Historically Black Colleges and
Universities and Minority
Institutions (. . . To be
negotiated ____%).
*(I.139)........... 252.219-7005 Incentive for Subcontracting
with Small Businesses, Small
Disadvantaged Businesses,
Historically Black Colleges and
Universities and Minority
Institutions--ALTERNATE I (. .
. To be negotiated ____%).
*(I.140)........... 252.219-7006 Notice of Evaluation Preference
for Small Disadvantaged
Business Concerns.
*(I.141)........... 252.223-7001 Hazard Warning Labels.
*(I.142)........... 252.223-7002 Safety Precautions for
Ammunitions and Explosives.
*(I.143)........... 252.223-7003 Change in Place of Performance--
Ammunition and Explosives.
*(I.144)........... 252.223-7004 Drug-Free Work Force.
*(I.145)........... 252.225-7014 Preference for Domestic
Specialty Metals.
*(I.146)........... 252.225-7016 Restriction on Acquisition of
Ball and Roller Bearings.
*(I.147)........... 252.225-7025 Foreign Source Restrictions.
*(I.148)........... 252.225-7026 Reporting of Contract
Performance Outside the United
States.
*(I.149)........... 252.225-7032 Waiver of United Kingdom Levies.
[[Page 16105]]
*(I.150)........... 252.226-7000 Notice of Historically Black
College or University and
Minority Institution Set-Aside.
*(I.151)........... 252.227-7026 Deferred Delivery of Technical
Data or Computer Software.
*(I.152)........... 252.227-7027 Deferred Ordering of Technical
Data or Computer Software.
*(I.153)........... (1)
*(I.154)........... 252.227-7034 Patent--Subcontracts.
(I.155)............ 252.227-7036 Declaration of Technical Data
Conformity.
*(I.156)........... 252.227-7039 Patents--Reporting of Subject
Inventions.
*(I.157)........... (1)
*(I.158)........... 252.232-7000 Advanced Payment Pool (For
educational institutions and
nonprofit organizations).
*(I.159)........... (1)
*(I.160)........... 252.235-7002 Animal Welfare.
*(I.161)........... 252.242-7002 Submission of Commercial Freight
Bills for Audit.
*(I.162)........... 252.242-7003 Application for U.S. Government
Shipping. Documentation/
Instructions.
*(I.163)........... 252.242-7004 Material Management and
Accounting System.
*(I.164)........... 252.245-7001 Reports of Government Property.
*(I.165)........... 252.247-7024 Notification of Transportation
of Supplies by Sea.
*(I.166)........... Reserved
*(I.167)........... 252.251-7000 Ordering From Government Supply
Sources.
*(I.168)........... 252.223-7006 Prohibition on Disposal of Toxic
and Hazardous Materials.
*(I.169)........... 252.249-7002 Notification of Anticipated
Contract Termination or
Reduction.
(I.170)............ 52.204-4 Printing/Copying Double-Sided on
Recycled Paper.
*(I.171)........... 52.208-8 Helium Requirement Forecast and
Required Sources for Helium.
(I.172)............ 52.215-2 Audit and Records--Negotiation.
*(I.173)........... 52.215-2 Audit and Records--Negotiation,
Alternate II.
(I.174)............ 52.215-40 Notification of Ownership
Changes.
*(I.175)........... 52.215-42 Requirements for Cost or Pricing
Data or Information. Other Than
Cost or Pricing Data--
Modifications.
*(I.176)........... 52.215-42 Requirements for Cost or Pricing
Data or Information. Other Than
Cost or Pricing Data--
Modifications, Alternate II.
*(I.177)........... 52.215-42 Requirements for Cost or Pricing
Data or Information. Other Than
Cost or Pricing Data--
Modifications, Alternate III.
(I.178)............ 52.219-8 Utilization of Small, Small
Disadvantaged and Women-Owned
Small Business Concerns.
*(I.179)........... 52.219-9 Small, Small Disadvantaged and
Women-Owned Small Business
Subcontracting Plan, Alternate
II.
*(I.179A).......... 52.219-9 Small, Small Disadvantaged and
Women-Owned Small Business
Subcontracting Plan--Alternate
II.
*(I.180)........... 52.242-3 Penalties for Unallowable Costs.
(I.181)............ 52.242-4 Certification of Indirect Costs.
(I.182)............ 52.244-6 Subcontracts for Commercial
Items and Commercial
Components.
*(I.183)........... 52.247-67 Submission of Commercial
Transportation Bills to the
General Services Administration
for Audit.
(I.184)............ 52.223-14 Toxic Chemical Release
Reporting.
(I.185)............ 252.235-7010 Acknowledgement of Support and
Disclaimer.
(I.186)............ 252.235-7011 Final Scientific or Technical
Report.
*(I.187)........... 252.227-7013 Rights in Technical Data--
Noncommercial Items.
*(I.188)........... 252.227-7013 Rights in Technical Data--
Noncommercial Items, Alternate
I.
*(I.189)........... 252.227-7014 Rights in Noncommercial Computer
Software and Noncommercial
Computer Software
Documentation.
*(I.190)........... 252.227-7014 Rights in Noncommercial Computer
Software and Noncommercial
Computer Software
Documentation--Alternate I.
*(I.191)........... 252.227-7015 Technical Data--Commercial
Items.
(I.192)............ 252.227-7016 Rights in Bid or Proposal
Information.
*(I.193)........... 252.227-7018 Rights in Noncommercial
Technical Data and Computer
Software--Small Business
Innovation Research Program.
*(I.194)........... 252.227-7018 Rights in Noncommercial
Technical Data and Computer
Software--Small Business
Innovation Research Program,
Alternate I.
*(I.195)........... 252.227-7019 Validation of Asserted
Restrictions--Computer
Software.
*(I.196)........... 252.227-7025 Limitations on the Use or
Disclosure of Government-
Furnished Information Marked
With Restrictive Legends.
*(I.197)........... 252.209-7005 Military Recruiting on Campus
(For educational institutions
only).
(I.198)............ 52.203-6 Restrictions on Subcontractor
Sales to the Government.
(I.199)............ 52.203-8 Cancellation, Recission, and
Recovery of Funds for Illegal
or Improper Activity.
(I.200)............ 52.203-12 Limitation on Payments to
Influence Certain Federal
Transactions.
*(I.201)........... 52.211-15 Defense Priority and Allocation
Requirements.
*(I.202)........... 52.215-42 Requirements for Cost or Pricing
Data or Information Other Than
Cost or Pricing Data--
Modifications, Alternative IV.
*(I.203)........... 52.230-5 Cost Accounting Standards--
Educational Institution.
*(I.204)........... 52.232-18 Availability of Funds.
(I.205)............ 52.232-33 Mandatory Information for
Electronic Funds Transfer
Payment.
*(I.206)........... 52.245-18 Special Test Equipment.
*(I.207)........... 52.252-6 Authorized Deviations in
Clauses.
*(I.208)........... 252.209-7004 Reporting of Commercial
Transactions with the
Government of a Terrorist
Country.
*(I.209)........... 252.223-7007 Safeguarding Sensitive
Conventional Arms, Ammunition
and Explosives.
*(I.210)........... 52.223-11 Ozone-Depleting Substances.
\1\ Reserved.
[[Page 16106]]
Part III--List of Documents, Exhibits, and Other Attachments
Section J, List of Attachments
Use attachments and exhibits to inform the contractor of local
information such as:
(1) Procedures for laboratory access;
(2) Laboratory hours of operation;
(3) Special procedures related to unique laboratory working
environments which are not covered by FAR or DFARS; and
(4) Base support or government property information.
*(J.1) List of Attachments:
*(J.2) List of Exhibits:
Part IV--Representations and Instructions
Section K, Representations, Certifications and Other Statements of
Offerors or Quoters
The following solicitation provisions require representations,
certifications, or the submission of other information by offerors.
They are mandatory, and are included by reference. Full text copies
of these provisions are available from the Contracting Officer and
must be completed before contract award.
(K.1).............. (\1\) ................................
(K.2).............. (\1\) ................................
(K.3).............. 52.203-11 Certification and Disclosure
Regarding Payments to Influence
Certain Federal Transactions.
(K.4).............. 52.204-3 Taxpayer Identification.
(K.5).............. 52.209-5 Certification Regarding
Debarment, Suspension, Proposed
Debarment, and Other
Responsibility Matters.
(K.6).............. 52.215-6 Type of Business Organization.
(K.7).............. 52.215-11 Authorized Negotiators.
(K.8).............. 52.215-20 Place of Performance.
(K.9).............. (\1\) ................................
(K.10)............. (\1\) ................................
(K.11)............. (\1\) ................................
(K.12)............. (\1\) ................................
(K.13)............. 52.222-21 Certification of Nonsegregated
Facilities.
(K.14)............. 52.222-22 Previous Contracts and
Compliance Reports.
(K.15)............. 52.222-25 Affirmative Action Compliance.
(K.16)............. 52.223-1 Clean Air and Water
Certification.
(K.17)............. (\1\) ................................
(K.18)............. 52.227-6 Royalty Information.
(K.19)............. 52.230-1 Cost Accounting Standards
Notices and Certification.
(K.20)............. (\1\) ................................
(K.21)............. 252.209-7002 Disclosure of Ownership or
Control by a Foreign
Government.
(K.22)............. 252.219-7000 Small Disadvantaged Business
Concern Representation (DoD
Contracts).
(K.23)............. (\1\) ................................
(K.24)............. (\1\) ................................
(K.25)............. 252.226-7001 Historically Black College or
University and Minority
Institution Status.
(K.26)............. (\1\) ................................
(K.27)............. 252.247-7022 Representation of Extent of
Transportation by Sea.
(K.28)............. 52.204-5 Women-Owned Business.
(K.29)............. (\1\) ................................
(K.30)............. 52.219-1 Small Business Program
Representation.
(K.31)............. 52.223-13 Certification of Toxic Chemical
Release Reporting.
(K.32)............. 252.209-7001 Disclosure of Ownership or
Control by the Government of a
Terrorist Country.
(K.33)............. 252.209-7003 Disclosure of Commercial
Transactions with the
Government of a Terrorist
Country.
(K.34)............. 252.209-7004 Reporting of Commercial
Transactions with the
Government of a Terrorist
Country.
(K.35)............. (\1\) ................................
(K.36)............. (\1\) ................................
(K.37)............. 52.226-2 Historically Black College or
University and Minority
Institution Representation.
Section L. Instructions, Conditions, and Notices to Offerors or Quoters
(L.1).............. 52.252-1 Solicitation Provisions
Incorporated by Reference.
(L.2).............. (\1\) ................................
(L.3).............. 52.211-2 Availability of Specifications
and Standards Listed in the DoD
Index of Specifications and
Standards (DODISS).
(L.4).............. 52.215-5 Solicitation Definitions.
(L.5).............. 52.215-7 Unnecessarily Elaborate
Proposals or Quotations.
(L.6).............. 52.215-8 Amendments to Solicitations.
(L.7).............. 52.215-9 Submission of Offers.
(L.8).............. 52.215-10 Late Submissions, Modifications,
and Withdrawals of Proposals.
(L.9).............. 52.215-12 Restriction on Disclosure and
Use of Data.
(L.10)............. 52.215-13 Preparation of Offers.
(L.11)............. 52.215-14 Explanation to Prospective
Offerors.
(L.12)............. 52.215-15 Failure to Submit Offer.
(L.13)............. 52.215-16 Contract Award.
*(L.14)............ (\1\) ................................
(L.15)............. 52.216-1 Type of Contract (See
235.7006(d)(B.1)).
(L.16)............. 52.222-24 Preaward On-Site Equal
Opportunity Compliance Review.
(L.17)............. (\1\) ................................
(L.18)............. 52.233-2 Service of Protest (See
235.7006(d)(A.1)(xvii)).
*(L.19)............ 52.237-1 Site Visit.
(L.20)............. 52.252-5 Authorized Deviations in
Provisions.
(L.21)............. 252.204-7001 Commercial and Government Entity
(CAGE) Code Reporting.
(L.22)............. (\1\) ................................
(L.23)............. 52.215-16 Contract Award--Alternate II.
*(L.24)............ 52.215-41 Requirements for Cost or Pricing
Data or Information Other Than
Cost or Pricing Data.
*(L.25)............ 52.215-41 Requirements for Cost or Pricing
Data or Information Other Than
Cost or Pricing Data, Alternate
I.
*(L.26)............ 52.215-41 Requirements for Cost or Pricing
Data or Information Other Than
Cost or Pricing Data, Alternate
II.
[[Page 16107]]
*(L.27)............ 52.215-41 Requirements for Cost or Pricing
Data or Information Other Than
Cost or Pricing Data, Alternate
III.
*(L.28)............ 52.215-41 Requirements for Cost or Pricing
Data or Information Other Than
Cost or Pricing Data, Alternate
IV.
(L.29)............. 252.227-7017 Identification and Assertion of
Use, Release, or Disclosure
Restrictions.
(L.30)............. 252.227-7028 Technical Data or Computer
Software Previously Delivered
to the Government.
*(L.31)............ 52.215-30 Facilities Capital Cost of Money
(Except educational
institutions).
(L.32)............. 52.204-6 Contractor Identification
Number--Data Universal
Numbering System (DUNS) Number.
*(L.33)............ 52.211-14 Notice of Priority Rating for
National Defense Use.
(L.34 through L.99) Reserved.
*(L.100) (Insert special instructions, conditions, or notices to
offerors, if applicable).
(L.101) Government-Furnished Property.
No material, labor, or facilities will be furnished by the
Government unless provided for in the solicitation.
(L.102) Proposal Preparation and Submission Instructions.
(i) Page limitation, format.
(A) A proposal shall be prepared in separate volumes with the
page limit and number of copies specified as follows. The table of
contents and tabs are exempt from the page limits. No cross-
referencing between volumes for essential information is permitted
except where specifically set forth herein. The following volumes of
material will be submitted:
------------------------------------------------------------------------
Maximum
Title Copies page
limits
------------------------------------------------------------------------
Cost.......................... As specified in solicitation * 50
summary.
Technical..................... As specified in solicitation 100
summary.
------------------------------------------------------------------------
* The 50-page cost proposal is a goal not a limit. The Contractor may
use additional pages if necessary to comply with public law.
(B) Any technical proposal pages submitted that exceed the page
limitations set forth in paragraph (i)(A) of this subsection L.102
will not be read or evaluated. Proposal pages failing to meet the
format in paragraph (i)(D) of this subsection L.102 will not be read
or evaluated.
(C) No program cost data or cross-reference to the cost proposal
will be included in any other volume.
(D) Format of the proposal volumes shall be as follows:
(1) Proposals will be prepared on 8\1/2\ x 11 inch paper except
for foldouts used for charts, tables, or diagrams, which may not
exceed 11 x 17 inches. Foldouts will not be used for text. Pages
will have a one inch margin.
(2) A page is defined as one face of a sheet of paper containing
information. Two pages may be printed on one sheet.
(3) Type size will be no smaller than 10 point character height
(vertical size) and no more than an average of 12 characters per
inch. Use of type-setting techniques to reduce type size below 10
points or to increase characters beyond 12 per inch is not
permitted. Such techniques are construed as a deliberate attempt to
circumvent the intent of page limitations set forth in paragraph
(i)(A) of this subsection L.102.
(4) Proposal must lie flat when open; elaborate binding is not
desirable.
(5) No models, mockups, or video tapes will be accepted.
(6) Technical proposals will be prepared in the same sequence as
the statement of work.
(ii) Content.
All proposals must be complete and respond directly to the
requirements of the solicitation. The factors and subfactors listed
in Section M of the solicitation shall be addressed. Cost and
supporting data shall be included only in the cost volume. All other
information shall be included in the technical volume.
(L.103) The Government may make multiple awards resulting from
this solicitation.
Section M, Evaluation Factors for Award
Use of the standard evaluation factors is preferred. If the
standard evaluation factors are modified in any way, the
modifications must be clearly expressed so that the result is
unambiguous. Additions to and deletions from the contents of this
Section M must be clearly annotated in the solicitation summary (see
235.7006(d)(A.1)(vii)).
*(M.1) FAR 52.217-5 Evaluation of Options (Applicable if the
solicitation indicates that options are anticipated in the resulting
contract. When this provision is included, evaluation criteria for
options shall be included in Section M.)
*(M.2) Proposal Evaluation Procedures and Basis for Award.
Proposals will be evaluated and award made as follows:
(i) Basis for award.
The award decision will be based on evaluation of all factors
and subfactors set forth in this solicitation. The Government may
select the source whose proposal offers the greatest value to the
Government in terms of technical, cost or price, and other factors
set forth in the solicitation. The source selected may or may not
have the lowest proposed total costs.
(ii) Evaluation factors.
Proposals will be evaluated in accordance with the following
factors. The technical factor is more important than the cost
factor. The technical subfactors are in descending order of
importance unless otherwise stated in the solicitation. The cost
subfactors are of equal weight.
(A) Technical.
(1) Technical approach. The soundness of the offeror's technical
approach, including the offeror's demonstrated understanding of the
technical requirement.
(2) Qualification. The experience and qualifications of the
proposed personnel relevant to the proposed task. The quantity and
quality of the offeror's corporate experience relevant to the
proposed task.
(3) Management. The degree to which the offeror demonstrates the
ability to effectively and efficiently manage and administer the
program to a successful conclusion.
(4) Facilities. The degree to which the proposed facilities
enable accomplishment of the proposed effort.
(B) Cost.
(1) Reasonableness. Proposed estimated cost and fee (if any).
(2) Completeness. The adequacy of the identification, estimation
and support of all relevant costs.
(3) Realism. The consistency of the cost proposal with the
technical effort proposed, the organizational structure, method of
operations and cost accounting practices.
*(M.3) 52.215-34 Evaluation of Offers for Multiple Awards.
[FR Doc. 97-8642 Filed 4-3-97; 8:45 am]
BILLING CODE 5000-04-M