Defense Federal Acquisition Regulation Supplement; Streamlined Research and Development Clause Lists

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.

-----------------------------------------------------------------------

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:

----------------------------------------------------------------------

----------------------------------------------------------------------

----------------------------------------------------------------------

*(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:

----------------------------------------------------------------------

----------------------------------------------------------------------

----------------------------------------------------------------------

*(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