AWARD/CONTRACT 2013-13040800007
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
06547180
Release Decision:
RIPPUB
Original Classification:
U
Document Page Count:
43
Document Creation Date:
March 8, 2023
Document Release Date:
August 27, 2019
Sequence Number:
Case Number:
F-2015-02731
Publication Date:
April 26, 2013
File:
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Body:
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ursULA551FIED
THIS CONTRACT IS A RATED OROER UNDER
AWARD/CONTRACT
AS 05 CFR AV
RA
PAGE 1 0F18
2 CONTRACT (Pox. lnat Ideal No.
2013-13040500007
3 EFFECTIVE DATE
04/2612013
4. REQUISITION/PURCHASE FtEOUEST/PROJECT NO
S. ISSUED BY
71 IS. ADMINISTEREO BY (it othor lbw Awn 5)
COOE
(b)(3)
7 NAME ANO ADDRESS OF CONTRACTOR (No.. stmo. coo* Slate arid ZIP Cede)
UNIVERSITY OF MARYLAND
3121 lee building
COLLEGE PARK, MD 20742
8 DEUVERY
ElFOB ORIGIN OTHER (Soo belay)
9. DISCOUNT FOR PROMPT PAY VENT
10. SUBMIT iNvoicas (4 apes
trams othenkse &pealed) TO
THE ADDRESS SHOWN IN
COOE I FACUTY 000E.
T4
11, SHIP TO/MARK FOR
1Z PAYMENT WLL BE MACE BY
Vendor Payments
(b)(3)
13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION.
El10 U S.C. 230144) ( ) El 41 USC 253(c) 0
14 ACCOUNTEN AND APPROPRIATION DATA
I5A. ITEM 140
158, SuPPLIESEERVICES
15C QUANTITY
150 UNiT
15E UNIT PRe
15F AMOUNT
See CUN Details
1513, TOTAL AMOUNT OF CONTRACT
1100,000.00
6. TASSLE OF CONTENTS
(X)
SEC
DESC PTIO
PAGE(S) X) ISE
DESC PTION
AGE(S
PART I- THE SCHEDULE
PART El - CONTRACT CLAUSES
SCXICITATIONCONTRAM FORM
IsupPLES OR SERVICES AND PRICES/COSTS
DESCRIPTIONSPECLAYORK STATER NT
PACKAGING AND MAR
INSPECTION AND ACCEPTANCE
DEL RIOR PERF_ORMANC
CONTRACT CLAJSf S
PART III - LIST OF DOCUMENTS, EXHIBITS AND OilIER ATTACH
1ST or ATTACHMENTS.,,
PART IV. REPRESENTATIONS AND INSTRUCTIONS
REPRESENTARONS CERTIFICATIONS AND OTHER
STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATIONDATA
CONT
REQUIRE
CTING OFFICER W11.1-
MSTRS. GOND* AND MOT1CFR TO OFFER
A UAT
OR /8
R AWARD
T7 AS APPL
17. a CONTRACTOR'S NEGOTIATED AGREEMENT (Coot:odor is required to sign
This � � - end return copies to issuing office) Contractor agrees to furnish
and deliver all items or perforni all the services set forth or othenvise identified above
and on any continuation sheets for the consideration stated herein. The nghts and
obligations of the writes to this contract shail be sublect to and governed by the
following documents: (a) The award/contract, (b) the solicitation. if any. and (c) such
provisions, representations, certifications, and specifications, as are attached or
incorporated by reference herein. (At(achments am listed herein.)
18. J SEALED-B1D AWARD (Contractor Is not required to sign this
document.) Your bid on Solicitation Number including the additions
or changes made by you which additions or changes are set forth in full above. is
hereby accepted as to the terms listed above and on any continuation sheets.
This award consummates the contract which consists of the following
documents; (a) the Government's solicitation and your bid, and (b) this
award/contract. No further contractual document is necessary. (Block 18 should
be checked only when awarding a sealed-bid contract.)
19A. RAW AITLE.or slOrtiER T,'
Evan RO T L. Gnerie, Asst. om mrPereclor
� . A
1VIA IhtWe PIG OFFICER
BY
WS OF parson
10C DATE SIGNED
20111 tflflfl wravele e.�
NSA 7340-01-1524059
Prwmus setbs Is until*
UNCLASSIFIED
(b)(3)
20C. DATE
SIGNED
CZete
( b ) (3 )
STANDARD FORM 28 (REV. 5/2011)
Prescribed by GSA - FAR (NICFR) 53214(9)
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Table of Conte t
Peso-**don face Number
Solicitation/Contract Form
152.204-721 Use of Facsimile Signatures (JUN 2002) 4
Supplies or Services and Prices/Costs
152.216-774 Scope of Contract (Statement of Work) (OCT 2003) , 4
152.216-757 Type of Contract and Consideration (Cost) (OCT 2003) 5
Descriptions/Specifications/Statement of Work
152.211-701 Statement of Work (OCT 2003).. 5
Packaging and Marking
D-I Packaging and Marking 5
Inspection and Acceptance
52.246-9 Inspection of Research and Development (Short Form) (Apr 1984) 5
Deliveries or Performance 5
152.211-704 Late Delivery (AUG 1996) 5
152.242-708 Contract Status Report (JUL 2009) 5
152.211-705 Period of Performance (AUG 1996) 6
152.211-707 Place of Performance (AUG 1996) 6
52.242-15 Stop-Work Order (Aug 1989) 6
Contract Administration Data
152.245-715 No Contract Accountable Government Property (MAR 2012) ........... ....... 6
152.232-721 Billing Instructions (APR 2006) 6
152.232-717 Invoicing Instructions Unclassified Association (OCT 2009) . ..... ...... , ........ 6
152.232-727 Internet Payment Platform Initial Registration and Account Maintenance (SEP 2010).....7
152.204-732 Contract Settlement Documentation (DEC 2011) ......................8
152.232-701 Billing Cycle (SEP 2010) .8
152.232-719 SUBMISSION OF INVOICES (JAN 2004) 9
152.232-725 Electronic Submission of Payment Requests Using 1PP (SEP 2010) 9
152.242-701 Authority and Designation of a Contracting Officer's Technical Representative (Cont)
(OCT 2008)
. 9
152.242-718 Novation/Change-of-Name Notification Requirement (MAR 2011) ............. , .... 10
Special Contract Requirements
152.203-701 Fraud. Waste. and Abuse, and Other Matters of Urgent Concern - Unclassified Association
(APR. 2009) 11
152.204-703 Non-Publicity (DEC 2011) 11
152.204-723 Prohibition Against Recruiting on Agency Controlled Facilities (OCT 2008) 11
152.215-721 Order of Precedence (OCT 2003) 11
152.231-701 Payment of Contractor Travel (JAN 2004) 12
152 242-716 Past Performance Information - Referencing Agency Contracts (JUL 2012) 12
152.243-700 Changes Requiring No Equitable Adjustment (MAR 2004) 12
152.243-701 Limitation of Working Groups (MAR 2004) 12
152.243-702 Engineering Change Proposals (DEC 2010) 13
152.204-725 Foreign Nationals Performing Unclassified Work (NOV 2005) 13
152.242-715 Contractor Performance Evaluation (JUL 2012) 14
152.215-719 Incorporation of Section K Representations. Certifications, and Other Statements of
Offerors or Respondents (OCT 2003) .. 14
Contract Clauses
152.203-700 Compliance With the Constitution and Statutes of the United States (AUG 1996) 14
152.209-701 Organizational Conflicts Of Interest: General (JUL 2003) . 14
152.215-700 Audit and Records - Negotiation (AUG 2004) 15
152.215-727 Pricing Adjustment (OCT 2003) 16
152.215-700A11 Audit and Records - Negotiation (AUG 2004) - Alternate II (AUG 2004) 16
152.229-700 Tax Audits (JAN 2004) . 17
152.233-700 Independent Review of Agency Protests (JAN 2004) 17
152.252-700 Clauses Requiring Access by Other Government Entities (JUL 2003).. .......... ... 17
152.204-733 Timely Notice of Litigation (DEC 2011) 17
52.202-1 Definitions (Jan 2012) .18
52.203-3 Gratuities (Apr 1984) 18
52.203-5 Covenant Against Contingent Fees (Apr 1984) .. 18
52.203-7 Anti-Kickback Procedures (Oct 2010) 18
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Jan
1997).... 18
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity (Jan 1997) 18
UNCLASSIFIED
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52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010)- 18
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) .18
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred,
Suspended, or Pro . � -. for Debarment (Dec 2010). 18
52.215-17 Waiver of Facilities Capital Cost of Money (Oct 1997) 18
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions
(July 2005) 18
52.216-11 Cost Contract--No Fee (Apr 1984) 18
52.222-3 Convict Labor (June 2003) 18
52.222-21 Prohibition of Segregated Facilities (Feb 1999) 18
52.222-26 Equal Opportunity (Mar 2007) 18
52.222-35 Equal Opportunity for Veterans (Sep 2010) 18
52.222-36 Affirmative Action for Workers with Disabilities (Oct 2010) 18
52.222-37 Employment . .rts Veterans (Sep 2010) 18
52.222-44 Fair Labor Standards and Service Contract Act - Price Adjustment (Sep 2009) 18
52.222-50 Combating Trafficking in Persons (Feb 2009) 18
52.223-6 Drug Free Workplace (May 2001) 18
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011) 18
52.225-13 Restrictions on Certain Foreign Purchases (June 2008). 18
52.227-1 Authorization and Consent (Dec 2007) 18
52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) 18
52.227-14 Alt IV Rights in Data-General (Dec 2007) - Alternate IV (Dec 2007) 18
52.229-3 Federal, State and Local Taxes (Apr 2003) 18
52.230-5 Cost Accounting Standards - Educational Institutions (May 2012) 18
52.2304 Administration of Cost Accounting Standards (June 2010) 18
52.232-23 Assignment Of Claims (Jan 1986) 18
52.232-25 Prompt Payment (Oct 2008) 18
52.233-1 Disputes (July 2002) 18
52.233-3 Protest after Award (Aug 1996) 18
52.242-1 Notice of Intent to Disallow Costs (Apr 1984) 18
52.242-13 Bankruptcy (July 1995) 18
52.243-2 Changes-Cost Reimbursement (Aug 1987) 18
52.246-23 Limitation of Liability (Feb 1997) 18
52.249-5 Termination For Convenience Of The Government (Educational And Other Nonprofit
Institutions) (Sept 1996) 18
32.249-14 Excusable Delays (Apr 1984) 18
List of Attachments 18
J-1 List of Attachments 18
LINCLASSIFIB)
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uticuks.simED
Contractor Name: UNIVERSITY OF MARYLAND
Contract Number:2013-13040800007 Page 4 of 18
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Section A - Solicitation/Contract Form
152.204-721 Usc of Facsimile Signatures (JUN 2002)
This Contract document may be executed in counterparts, each of which shall be deemed an original, all of which together shall
constitute one and the same instrument. Facsimile signatures will be regarded as authentic by all parties.
Section B - Supplies or Services and Prices/Costs
CLIN DETAILS
Number
Commodity Name
Quell*
Unit
Unit Price
Total (Inc. disc.. taa. tees)
0001
SERVICE
Total: 1 000000
EA
Tot* $100.000.0000
'Total: $100,000.00
Delivery Schedule:
Period of Performance: 05/01/2013 �04/30/2014
Description: CLIN 0001 / COST / Develop, Fabricate and Characterize the Connections for use inn Cell/Battery
Pricing Options: I Period: Base
Quantity:
Funding:
Accounting Line 1: $100,000.00
CLIN Funding Cost
Period Base Iota
$100,000.00
$100,000.00
Period Exercised Options Totals:
$0.00
$0.00
Period Current (Base + Exercised Options)
Totals:
$100,000.00
$100,000.00
Period Unexercised Options Totals:
$0.00
$0.00
Period Base and Options Totals:
$100,000.00
$100.000.00
Quantity Base Totals:
$0.00
$0.00
Quantity Exercised Options Totals:
$0.00
$0.00
Quantity Current (Base + Exercised Options)
Totals:
$0.00
$0.00
Quantity Unexercised Options Totals:
$0.00
$0.00
Quantity Base and Options Totals:
$0.00
$0.00
152.216-774 Scope of Contract (Statement of Work) (OCT 2003)
UNCLASSIFIED
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Contract Number.2013-1 0007
Page 5 of 18
The Contractor shall, in accordance with the terms and conditions set forth hereafter, furnish the necessary qualified personnel,
services, travel, facilities, and materials (except those specifically designated to be provided by the Government) and do all things
necessary and incident to completion of the contractual effort in accordance with the Section C, Statement of Work (SOW).
152.216-757 Type of Contract and Consideration (Cost) (OCT 2003)
This is a Cost contract as identified under Federal Acquisition Regulation (FAR) 16.302, bearing no fee and in the estimated cost of
S100,000.
on C - Descriptions/Specifications/Statement of Work
152.211-701 Statement of Work (OCT 2003)
The Sponsor's Statement of Work entitled "Fabrication and Multi-Physical Characterization of Carbon-to-Metal Connections for a
Cell/Battery," dated 23 January 2013, which is incorporated by reference or attached hereto, is made a part of this contract
on D - Packaging and Marking
13-1 Packaging and Marking
Section D, Packaging and Marking, is not applicable to this contract.
on E - Inspection and Ac � 'nce
Clauses By Reference
Title
2.246-9
Inspection of Research and Development (Short Form) (Apr 1984)
Section F - Deliveries or Performance
PERIOD OF PERFORMANCE
ITEM START END
0001 05/01/2013 04/30/2014
152.211-704 Late Delivery (AUG 996)
When the Contractor encounters difficulty in meeting performance requirements, or anticipates difficulty in complying with the
contract delivery schedule or date, it shall immediately notify the Contacting Office in writing giving 'nent details; provided,
however, that this data shall be informational only in character and that this provision shall not be construed as a waiver by the
Government of any delivery schedule or any rights or remedies provided by law or under this contract.
Ut4CLASSURED
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UNCLASSIFIED
Contractor Name: UNIVERSITY OF ARYLANO
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Page 6 of 18
Contract Number:2013-1 � � 007
152.242-708 Contract Status Report (JUL 2009)
(a) Monthly contract status reports shall be submitted in two copies to the Contracting Officer not later than 15 calendar days after the
close of the invoice/billing cycle covered by the report. Such report shall be in the format as provided in the attached Monthly
Contract Status Report exemplar.
(b) The Monthly Contract Status Report for this contract will consist of the following template sections:
Contract Summary
Program Actuals
Financial/Hourly Summary
152.211-705 Period of Performance (AUG 1
The period of perfonnance of this contract shall be from 1 May 2013 -30 April 2014.
152.211-707 Place of Performance (AUG 1996)
The principal place of performance under this contract shall be the Contractor's facility located at the University of Maryland.
Clauses By Reference
2.242-15
top-Work Order (Aug 1989)
Section 0- Contract Administration Data
152.245-715 No Contract Accountable Government (MAR 2012)
(a) This contract shall be performed and completed without any accountable Government property � whether Government Furnished
Property (GFP) or Contractor Acquired Property (CAP). The Contractor shall make no requests for Government property except
when the Government may accrue significant tangible benefits by granting such a request. The Contractor shall not accept, request, or
pursue accountable Government property from anyone other than the Contracting Officer and shall not act upon such request until
written authorization is received from the Contracting Officer via contract modification.
(b) The Contractor may use Government property in their possession, which is accountable to other Agency contract(s), for the
performance of this contract if the Contracting Officer(s) of the other contract(s) provides written authorization of their approval.
Such use shall be on a rent-free, non-interference basis and shall comply with the terms and conditions specified in the Contracting
Officer's written authorization.
152.232-721 Billing Instructions (APR 2006)
Contractor shall submit invoices on a monthly basis in arrears. Contractors shall combine delivery tickets on a consolidated Invoice
with each ticket listed as a separate line item by number, date, and amount.
152 232-717 Invoicing Instructions Unclassified Association (OCT 2009)
UNCLASSWIND
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UN,*
Contractor Name: UNIVERSITY OF RYLAND P 7 of 18
Co � ct Number:2013-1 800007
(a) Contractors may mail invoices to the following payment office:
Vendor Payments
Attn: Mail Room
(b)(3)
Washington, DC 20505.
However, the preferred method of submitting invoices to the payment office is via facsimile (FAX) machine. Contractors may use
any of the numbers listed below. When Contractors transmit original invoices via FAX, do not follow up with additional mailed
copies; doing so will cause your company to lose the FAX option.
(b)(3)
(b) In addition to the items necessary per FAR 52.232-25, "Prompt Payment", a proper invoice must include:
(1) Date(s) supplies delivered or services performed.
(2) Itemized cost elements and fee amounts for both the current invoice's costs and for the cumulative cost elements and fee
amounts (for cost reimbursable contracts); itemized labor categories (for time-and-material or labor-hour contracts).
(3) Invoice Line Item Descriptions shall not contain any sensitive and/or classified information, nor identify the Sponsor or any of
its facilities. Any invoice including such information will not be considered a proper invoice in accordance with the Prompt Payment
Act and shall be rejected. Further, the submission of such an invoice may be considered a security incident.
(c) The Contractor may make inquiries regarding invoices to the payment office or
152.232-727 Internct Payment Platform Initial Registration and Account Maintenance (SEP 2010)
(b)(3)
(a) The Internet Payment Platform (IPP) is a secure, web-based electronic invoicing system (accessible via the Internet) provided by
the ..t of the Treasury's Financial Management Service (FMS), in partnership with the Federal Reserve Bank of Boston. The
Contractor shall provide the Contracting Officer with the following information required for IPP registration:
(I) Company Name (primary corporate location);
(2) Company Tax Identification Number (TIN); and
(3) Company desii ted IPP account administrator, to include: name, position, phone number, email address.
Contractors currently registered with IPP through another Government agency must still register separately for payments from this
Agency.
(b) Within 1-2 weeks after the contract is signed, the information provided in paragraph (a) will be forwarded to IPP and the company
designated IPP account administrator will then receive three mails from the Treasury Web Applications Infrastructure's (TWAI)
email address twaigov@mail.eroc.ovai.sov.
(I) From "Treasury UPS User Administration" - a FMS Enterprise User ID and a link to a website that will allow the Company's POC
to initialize an IPP account.
(2) From "IPP User Administration" - the Company's IPP User ID, a link to the IPP Application, and the IPP Helpdesk phone number.
(3) From "Treasury UPS User Administration" - the Company's IPP password (sent within 24 hours of the first two =ails).
(c) During registration, one (1) initial administrative user account is created for the company for the submitted TIN, regardless of the
number of contracts or locations associated with the TIN. The IPP account administrator is required to set up all other company user
UNCLASSIRED
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Contractor Name: UNIVERSITY OF YLAND
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accounts, including other administrators. Registration is complete when the IPP account administrator logs into the IPP website with
the User ID and password provided by TWAI and accepts the "rules of behavior".
(d) The Contractor shall access a first time login video found on the IPP homepage, which provides step-by-step instructions for
logging into IPP for the first time. Other self-help videos, to include creating and submitting invoices, are available only after logging
into IPP.
(e) Passwords in 1PP expire every 90 days Fourteen days prior to the end of the 90-day period, IPP will send an email notification
prompting you to change your password. If you do not change your password once durin the 90 days, or if you do not change yo-
password when prompted to do so, you must contact the IPP Helpdesk at to unlock your account and to reset youlu)lo)
password.
(f) For application specific questions such as how to create an invoice or how to set u7 notifications, contact the IPP Helpdesk. Fo
questions related to the contract, contact the Vendor Service Center a
152.204-732 Contract Settlement Documentation (DEC 2011)
(b)(3)
Upon completion of the subject contract, the Contractor shall submit the following documents:
(a) Electronic Funds Transfer Information (EFT) - The submission of this information is required to keep our payment database
current, (One copy required)
(b) Final Property Closeout Statement (Government Furnished Property (GYP) and Contractor Acquired Property (CAP) (One copy
required)
(c) Final Patent and Royalty Statement (in accordance with FAR 52.227-11 or 52.227-13, as appropriate) (One copy required)
(d) Final Level-of-Effort Certification (Applicable to contracts with LOE type CLINs) (One copy required)
(e) Final Cleared Personnel Certification Report (If contract required security clearances) (Submit in accordance with contract clause
152.204-729)
(f) Final Invoice or Voucher (also referred to as Final Cumulative Claim and Reconciliation [FCCRI) (Applicable to contracts with
cost-type CLINs. Exemption: Cost-type CL1Ns established for Other Direct Costs or travel on a fixed price contract). Once fmal
annual indirect cost rates have been established, the Contractor shall submit a "FINAL" invoice or voucher. If final annual indirect
cost rates have not been established and the parties have agreed to use negotiated quick-close rates, the Contractor shall submit a
"FINAL" invoice or voucher. The receipt of an invoice marked "FINAL" shall initiate the settlement of this contract. This "FINAL"
invoice is not to be transmitted via electronic submission, but must be submitted in hard copy to the address listed below, (One copy
required)
One set of closeout documentation (a), (b), (c), (d). and Contracting Officer's copy of (e) shall be mailed, postage prepaid, to the
Contracting Officer at the Issuing Office address on page I of this contract.
One complete set of closeout documentation (a), (b), (c), (d), and (f) shall be mailed, postage prepaid, to.
Contract Setliernents
Washington, DC 20505
(b)(3)
If you have any questions in regard to the closeout procedure, please contact the Contracting Officer or the settlements office.
152.232-701 Billing Cycle (SEP 2010)
(b)(3)
Pursuant to the "Electronic Submission of Payment Requests using IPP" clause, the Government will issue payment only after services
UNCLASSIFIED
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Contra � r Name: UNIVERSITY OF MARY
Co ct Number:2013-1 7
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have been rendered. Consequently, Contractors shall submit invoices in arrears and no more frequently than monthly.
152.232-719 SUBMISSION OF INVOICES (JAN 2004)
Notwithstanding the provisions of the clause of this contract at FAR 52.216-7, Allowable Cost and Payment, Contractors shall not
submit invoices or requests for contract interim payment more often than once a month.
152.232-725 Electronic Submission of Payment Requests Using IPP (SEP 2010)
(a) Definitions. As used in this clause-
( 1) "Contract financing payment" and "invoice payment" have the meanings given in FAR section 32.001.
(2) "Electronic form" means using the Internet Payment Platform (IPP) to transmit information electronically from the Contractor to
the internal contract management system. The Agency does not consider facsimile, e-mail, and scanned documents to be electronic
forms.
(3) "Payment request" means any request for contract financing payment or invoice payment submitted by the Contractor under a
contract.
(b) Except as provided in paragraphs (e) and (g) of this clause. the Contractor shall submit payment requests using the Internet
Payment Platform (IPP). The payment period designated by the Prompt Payment Act will begin on the date a proper and complete
invoice is received in the payment office via [PP. The status of submitted invoices is vailable in IPP. For other invoice or paymen'
questions relating directly to this contract, call the payment office on (b)(3)
(c) The Contract Line Item Numbers (CLINs) and associated CLIN descriptions as provided in IPP must be utilized to create invoices.
An Invoice Line Item Number must reference the Contract Line Item Number (CLIN) against which the Contractor is billing. An
invoice may have multiple Invoice Lines billing against one CLIN, but the Invoice Line Item Descriptions must closely relate to the
CLIN descriptions in the contract. Do not attach any documents to the invoice submitted in IPP as the attachments will be discarded
Any additional documentation must be submitted to the COTR in a method mutually a .4 to by the Contractor and the COTR.
(d) The Invoice shall not include any sensitive and/or classified information, nor identify the Sponsor or any of its facilities. Any
invoice including sensitive and/or classified information will not be considered a proper invoice in accordance with the Prompt
Payment Act and will be rejected. Further, the submission of such an invoice may be considered a security incident Any questions
concerning this matter should be directed to the Contracting Officer.
(e) If the Contractor is unable to submit a payment request in electronic form, or the Agency is unable to receive a payment request in
electronic form, the Contractor shall submit the payment request using a method mutually agreed to by the Contractor, the Contracting
Officer, and the payment office.
(f) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this
contract when submitting payment requests.
(g) The Contractor shall submit the final invoice or voucher for cost reimbursement contracts in accordance with the "Settlement -
Cost Type Contracts" clause of this contract.
152.242-701 Authority and Designation of a Contracting Officer's Technical Representative (COTR) (OCT 2008)
(a) Authority: Performance of this contract is subject to the technical guidance. supervision and approval of the Contracting Officer
or a designated Contracting Officer's Technical Representative (COTR). As used herein, "technical guidance" is restricted to
scientific, engineering or other technical field-of-discipline matters directly related to the work to be performed. Such guidance may
be provided for the purposes of filling in details, clarifying, interpreting or otherwise serving to accomplish the technical objectives
and requirements of the contract In addition, and unless specified elsewhere in this contract, the authority of the designated COTR is
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specifically limited to the technical administration of this contract and the inspection of supplies being produced, services being
provided or work being performed to assess compliance with the scope, estimated cost (if cost-reimbursement), schedule, and
technical requi ements of the contract.
(b) If an Associate COTR (ACOTR) or a Government Task Manager (GTM) is designated by this clause, the ACOTR will assist the
COTR in his/her responsibilities and will function as the technical representative of the Contracting Officer in the absence of the
COTR. The GTM will assist the COTR in performing his/her responsibilities for a specific task(s). However, the COTR remains
ultimately responsible for the technical performance of the contract
(c) Designation: The individual(s) identified below is/are authorized access to all information concerning this contract during the life
of the contract unless this authorization is reassigned by an administrative change to the contract:
COTR:
Name
(b)(3)
(d) Notification: The Contracting Officer is the only representative of the Government authorized to negotiate, enter into, modify or
take any other action with respect to this contract. Therefore, no other employee or representative of the Government has the authority
to initiate a course of action which may alter the terms or conditions of this contract All revisions to specifications, requirements or
informal commitments that may involve a change in either the total cost/price, scope, delivery schedule, or legal aspects of this
contract must be done by change order or supplemental agreement, to be negotiated and signed by the Contracting Officer. Should
any action by Government personnel (other than the Contracting Officer) imply a commitment on the part of the Government that
would affect the terms of this contract, the Contractor must notify the Contracting Officer and obtain approval before proceeding.
Otherwise, the Contractor proceeds at its own risk.
152.242-718 Novation/Change-of-Name Notification Requirement (MAR 2011)
(a) For the purposes of this contract, any transfer of the contractor's assets to a third party. or change to the contractor's name, that fall
under FAR 42.12, will be processed in a centralized manner by the staff at the following address: (b)(3)
Office of the Procurement Executive
Washington, DC 20505
Unclassified Fax:
(b)(3)
(b) Until the settlement of this contract is completed, the Contractor shall provide written notification to this staff via facsimile
within (30) thirty days of any fore-mentioned changes. Along with details of the change, your notification shall provide a point of
contact name, title, clearance level, and phone and fax numbers
(c) After receiving this notification, your designee will receive a letter with instructions to assist in the preparation of the
novation/change-of-name package. Our organization will typically recognize Other Government Agency (OGA) Agreements;
however, we have unique security requirements that must be addressed before formally accepting these agreements
(d) You are reminded that you must continue to invoice under your former name on existing contracts until this Agency accepts your
novation and/or change-of-name agreement by issuance of a letter recognizing the agreement, In addition, you are NOT authorized to
request changes to your banking information to recognize a successor company on existing contracts until this Agency accepts your
novation and/or change-of-name agreement. Any delays in submitting the required information may impact your ability to invoice.
(e) A submission of a novation or name change agreement does not guarantee approval by this organization and if a change is deemed
ble, the contractor will remain under contractual obligation to perform. The contract may be terminated for reasons of
default should the contractor not perform.
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Section H - Special Contract Requirements
152.203-701 Fraud, Waste, and Abuse, and Other Matters of Urgent Concern - Unclassified Association (APR 2009)
Anyone who suspects fraud, waste, or abuse in any aspect of the acquisition process or during performance of this contract by either
Government or Contractor personnel, or wishes to report an "urgent concern" to Congress, should contact the Office of Inspector (b)(3)
General, Investigations Staff, at phone number The term "urgent concern" means: (a) a serious or flagrant problem,
abuse, violation of law or Executive Order, or deficiency relating to the funding, administration, or operations of an intelligence
activity involving classified information; (b) any false statement made to Congress, or willful withholding from Congress, on an issue
of material fact relating to the funding, administration, or operations of an intelligence activity involving classified information; or (c)
an action constituting reprisal or threat of reprisal in response to any person reporting an urgent concern pursuant to this provisions.
152.204-703 Non-Publicity (DEC 2011)
(a) The Contractor shall not use or allow to be used any aspect of this solicitation and/or contract for publicity. "Publicity" means,
but is not limited to, advertising (e.g. trade magazines, newspapers, Internet, radio, television etc.), communications with the media,
marketing, or a reference for new business. This shall include, but, is not limited to, the use of the terms "ISSA or ISA" or any other
sponsor specific terms in any public advertisements. It is further understood that this obligation shall not expire upon completion or
termination of this contract, but will continue indefinitely. The Contractor may request a waiver or release from the foregoing but
shall not deviate therefrom unless authorized to do so in writing by the Contracting Officer. Contractors are not required to obtain
waivers when informing offices within this Agency of contracts it has performed or is in the process of performing provided there are
no security restrictions. Contractors may include the requirement for security clearances up to the IS, SCI level in public employment
advertisements; however, these advertisements may not describe the scope of polygraph requirements in any manner. Violations of
this clause constitute a major breach of contract, and the contract may be terminated for default, without the requirement of a 10-day
cure notice.
(b) The Contractor shall include the substance of this clause, including this paragraph (b), in each subcontract issued under this
contract.
152.204-723 Prohibition Against Recruiting on Agency Controlled Facilities (OCT 2008)
(a) The Contractor shall inform its employees and subcontractors that they are not permitted to engage in employment recruitment
while on any facility owned, leased, or otherwise controlled by the Agency or to use Agency communications systems (e.g. cable and
computer systems) and nonpublic information in connection with recruitment without written approval of the Contracting Officer. For
purposes of this clause, recruitment refers to discussions of future employment with the contractor or subcontractor initiated by an
employee of the contractor or subcontractor, distribution of employment forms or other employment paperwork, or similar activities
directed towards obtaining the employment of any individual by the contractor or subcontractor. Any Contractor or subcontractor
employee who violates this policy may be denied further access to Agency controlled facilities and systems. The Contractor shall
emphasize this fact to its employees and subcontractors and shall include the substance of this clause in each subcontract issued under
this contract.
(b) The prohibition set forth in paragraph (a) above does not apply to the recruitment of Agency personnel enrolled in the Agency's
Career Transition Program.
(c) Denial of access to Agency controlled facilities and systems as described in paragraph (a) of this clause shall not relieve the
Contractor from full performance of the requirements of this contract, nor will it provide the basis for any claims against the
Government.
152.215-721 Order of Precedence (OCT 2003)
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(a) Any inconsistency in this contractual document (inclusive of documents, provisions or exhibits referenced herein or attached
hereto) shall be resolved by giving precedence in the following order:
(1) The Schedule (excluding the SOW and specifications)
(2) Attachment A - Incentive and Award Fee Plan (if applicable)
(3) Statement of Work
(4) Other provisions of the contract when attached or incorporated by reference
(5) Specifications
(6) Technical Provisions of the Contractor's Proposal(s)
(b) If a conflict or inconsistency arises out of any of the contract elements listed above, the Contractor shall notify the Contracting
Officer of the conflict or inconsistency for final and unilateral resolution. Under no circumstances will such conflicts or
inconsistencies result in increases to target cost, fee, award fee or schedule extensions.
152.231-701 Payment of Contractor Travel (JAN 2004)
(a) Travel costs incurred under this contract are allowable subject to the limitations contained in Federal Acquisition Regulation
(FAR) 31.205-46.
(b) There are some circumstances under which the contractor must obtain approval from the Contracting Officer prior to undertaking
travel. They are�
(1) When travel is in excess of a predetermined travel allocation;
(2) When the contractor has doubt about whether a cost is allowable; and
(3) When foreign travel is involved.
152.242-716 Past Performance Information - Referencing Agency Contracts (JUL 2012)
(a) This contract may be listed as a reference for past perfonnance purposes only in offers submitted to agencies and organizations
within the Intelligence Community, provided the Contractor requests and receives the written approval of the Contracting Officer in
advance. Failure to comply with this requirement may result in the Agency being unable to respond to a reference request and may
also result in a termination for default.
(b) Contractors are not required to obtain waivers when informing offices within this Agency of contracts it has performed or is in the
process of performing provided there are no security restrictions.
152.243-700 Changes Requiring No Equitable Adjustment (MAR 2004)
(a) Purpose. The purpose of this paragraph is to establish a procedure whereby one contractual modification will be used both to
direct a change pursuant to the "Changes" clause of this contract and to settle any question of equitable adjustments that might arise.
This procedure shall apply only to those changes that will have no effect on the contract price, delivery schedule, or other provisions
of the contract.
(b) Procedure. When a change under the "Changes" clause is proposed, and both parties agree that the proposed change will not
require any equitable adjustment, the Contracting Officer shall issue a bilateral modification authorizing the c e that clearly states
the change has no effect on either the contract price/cost plus fee, or period of performanceidelivery date. The Contractor's signature
on the modification shall constitute acceptance of the Government's offer. shall be binding on both parties, and shall constitute a full,
complete, and final settlement for the changes so directed.
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152.243-701 Limitation of Working Groups (MAR 2004)
Technical guidance provided at meetings of Working Groups established by the Government and/or construed from the minutes of
such meetings shall not constitute authorization for the Contractor to alter the scope of this contract. Only the Contracting Officer
may give such direction in writing through the "Changes" clause of the contract.
152.243-702 Engineering Change Proposals (DEC 2010)
(a) The Contracting Officer may ask the Contractor to prepare engineering change proposals for engineering changes within the
general scope of this contract Upon receipt of a written request from the Contracting Officer, the Contractor shall prepare and submit
an engineering change proposal in accordance with the Contracting Officer's instructions.
(b) The Contractor may initiate engineering change proposals. Contractor initiated engineering change proposals shall include a "not
to exceed" cost or price or a "not less than" cost or price and delivery adjustment If the Contracting Officer orders the engineering
change, the increase shall not exceed nor the decrease be less than the "not to exceed" or "not less than" amounts.
(c) A change proposal accepted in accordance with the Changes clause of the contract shall not be considered an authorization to the
contractor to exceed the estimated cost in the contract schedule, unless the estimated cost is increased by the change order or other
contract modification.
(d) When the cost or price adjustment amount of the engineering change meets the criteria for its submission under FAR 15.403-4, the
Contractor shall submit:
(I) A contract pricing proposal using the format in Table 15-2, Section 15.408, of the Federal Acquisition Regulation; and,
(2) At the time of agreement on cost or price, a signed Certificate of Current Cost or Pricing Data.
152.204-725 Forel Nationals Performing Unclassified Work (NOV 2005)
(a) The Contractor shall identify any and all personnel who are foreign nationals (personnel who are not United States citizens or
Permanent Resident Aliens) that are proposed to perform work under this contract in a prime contractor and/or subcontractor
capacity. The Contractor must receive written approval from the Contracting Officer prior to allowing any foreign nationals not listed
in paragraph (c) to work on this contract.
(b) Throughout the performance of this contract, the Contactor shall provide the Contracting Officer with the following information
at least thirty (30) days prior to the contemplated use of such individuals:
Full Name,
Date and Place of Birth,
Citizenship,
Social Security Number,
Visa Number and Type,
Title.
it should be understood that the Contracting Officer may exclude any person(s) who are not United States citizens from performing on
this contract without providing a reason for the exclusion.
(c) The following foreign nationals are hereby authorized to work on this contract:
Name Title
( Full Name ) i Principle Investigator, Graduate/Undergraduate Student, etc.)
1
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152.242-715 Contractor Performance Evaluation (JUL 2012)
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(a) In accordance with FAR Subpart 42.15, and as otherwise provided by this contract, the Contractor's performance under this
contract shall be subject to evaluation as follows:
(I) Final evaluation shall be conducted for all contracts after completion of contract performance; an
(2) Interim evaluations may be conducted at the government's discretion.
(b) Past performance evaluation reports shall be reamed by the Government to provide source selection information for a period not
to exceed three years after contract completion. In accordance with FAR 9.105, the Contracting Officer shall also consider relevant
past performance information when making responsibility determinations.
(c) The Contracting Officer shall provide appropriate extracted information from the completed interim (if applicable) and final
reports to the Contractor as soon as practicable after completion of the report. The Contractor shall have a maximum of 30 calendar
days after the date of the letter forwarding the information to submit written comments, rebutting statements, or additional
information. The Government will consider rebuttals and other information provided by the Contractor and will render a final
determination regarding the contractor's performance during that period of the evaluation.
152.215-719 Incorporation of Section K Representations, Certifications, and Other Statements of Offerors or
Respondents (OCT 2003)
SECTION K which has been completed and submitted with Contractor's proposal dated 1 April 2013 is incorporated herein by
reference and made a part of this contract.
Section I - Contract Clauses
152.203-700 Compliance With the Constitution and Statutes of the United States (AUG 1996)
Nothing in this contract shall be construed to authorize any activity in violation of the Constitution or Statutes of the United States.
152.209-701 Or
mational Conflicts Of Interest: General (JUL 2003)
(a) The contractor warrants that, to the best of its knowledge and belief, there are no relevant facts that could give rise to
Organizational Conflicts of Interest, as defined in FAR 9.501. Or, alternatively, the contractor warrants that it has disclosed all
relevant information regarding any actual or potential organizational conflict of interest.
(b) The contractor agrees that if an organizational conflict of interest with respect to this contract is discovered during its
performance, an immediate and full disclosure in writing shall be made to the Contracting Officer. Such notification shall include a
description of the action the contractor has taken or proposes to take to avoid, neutralize or mitigate such conflicts. The contractor
shall continue performance until notified by the Contracting Officer of any contrary actions to be taken. The Government may,
however, terminate the contract for its convenience if it deems such termination to be in the best interest of the GoNernment.
(c) If the contractor was aware of an organizational conflict of interest before award of this contract and did not fully disclose the
conflict to the Contracting Officer, the Government may terminate the contract for default.
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(d) The contractor shall insert a clause containing all the terms and conditions of this clause in all subcontracts for work to be
performed similar to the services provided by the prime contractor, and the terms "contract", "contractor", and "contracting officer"
modified appropriately to preserve the Government's rights.
(e) Before a contract modification is made that adds new work or significantly increases the period of performance, the contractor
shall agree to submit either an organizational conflict of interest disclosure or representation or an update of a previously submitted
disclosure or representation, if requested by the Government.
(f) Contractor further agrees that Government may periodically review contractor's compliance with these provisions or require such
self-assessments or additional certifications as Government deems appropriate.
152115-700 Audit and Records - Negotiation (AUG 2004)
(a) As used in this clause, "records" includes books, documents, accounting procedures and practices, and other data, regardless of
type and regardless of whether such items are in written form, in the form of computer data, or in any other form.
(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redetenninable contract.
or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the
Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs
claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of
examination shall include inspection at all reasonable times of the Contractor's plants, or parts of them, engaged in performing the
contract.
(c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action
relating to this contract. the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the
accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor's
records, including computations and projections, related to
(1) The proposal for the contract, subcontract, or modification;
(2) The discussions conducted on the proposal(s), including those related to negotiating;
(3) Pricing of the contract, subcontract, or modification; or
(4) Performance of the contract, subcontract or modification.
(d) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized
representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the
purpose of evaluating:
(1) The effectiveness of the Contractor's policies and procedures to produce data compatible with the objectives of these reports;
and
(2) The data reported.
(e) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence
described in paragraphs (a), (b), (c), and (d) of this clause, for examination, audit, or reproduction, until 3 years after final yment
under this contract or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of the Federal Acquisition
Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition:
(I) If this contract is completely or partially terminated, the Contractor shall make available the records relating to the work
terminated until 3 years after any resulting final termination settlement; and
(2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of
claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved.
(f) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (o, in all subcontracts under
this contract that exceed the simplified acquisition threshold, and
(I) That are cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redetenninable type or any combination of
these;
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(2) For which cost or pricing data are required; or
(3) That require the subcontractor to furnish reports as discussed in paragraph (d) of this clause.
The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under the
Government prime contract.
152.215-727 Pricing Adjustment (OCT 2003)
The term "pricing adjustment" as used in h (a) of the clauses entitled "Price Reduction for Defective Cost or Pricing Data -
Modifications", "Subcontractor Cost or Pricing Data", and "Subcontractor Cost or Pricing Data - Modifications", means the aggregate
increases and/or decreases in cost plus applicable profits.
152.215-700All Audit and Records - Negotiation (AUG 2004) - Alternate LI (AUG 2004)
(a) As used in this clause, -records" includes books, documents, accounting procedures and practices, and other data, regardless of
type and regardless of whether such items are in written form, in the form of computer data, or in any other form.
(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract,
or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the
Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs
claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of
examination shall include inspection at all reasonable times of the Contractor's plants, or parts of them, engaged in performing the
contract.
(c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action
relating to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the
accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor's
records, including computations and projections, related to -
(1) The proposal for the contract, subcontract, or modification;
(2) The discussions conducted on the proposal(s), including those related to negotiating;
(3) Pricing of the contract, subcontract, or modification; or
(4) Performance of the contract, subcontract or modification.
(d) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized
representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the
purpose of evaluating -
(1) The effectiveness of the Contractor's policies and procedures to produce data compatible with the objectives of these reports;
and
(2) The data reported.
(e) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence
described in paragraphs (a), (b), (c). and (d) of this clause, for examination, audit, or reproduction, until 3 years after final payment
under this contract or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of the Federal Acquisition
Regulation (FAR), or for any longer period required by statute or by other clauses of this contract In addition -
(I) If this contract is completely or partially terminated, the Contractor shall make available the records relating to the work
terminated until 3 years after any resulting final termination settlement; and
(2) The Contractor shall make available records relating to s under the Disputes clause or to litigation or the settlement of
claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved.
(f) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (f), in all subcontracts under
this contract that exceed the simplified acquisition threshold, and -
(1) That are cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable type or any combination of
these,
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(2) For which cost or pricing data are required; or
(3) That require the subcontractor to furnish reports as discussed in paragraph (d) of this clause. The clause may be altered only as
necessary to identify properly the contracting parties and the Contracting Officer under the Government prime contract.
(g) The provisions of OMB Circular No. A-133, "Audits of States. Local Governments, and Nonprofit Organizations," apply to this
contract
152.229-700 Tax Audits (JAN 2004)
If federal, state, or local tax officials request access to information under this contract, the contractor shall immediately notify the
Contracting Officer. The contractor shall also request that the tax officials identify, in writing, the specific information sought for
review and shall forward the response and any related documentation to the Contracting Officer. Failure to provide notice to the
Contracting Officer may be grounds for denying a cost/price adjustment for the resulting tax liability, if an adjustment is otherwise
authorized by law and the terms of this contract.
152.233-700 Independent Review of Agency Protests (JAN 2004)
An independent review of protests to the agency, as defined in FAR 33.103(04). is available as an alternative to consideration by the
Contracting Officer. Requests for an independent review shall be submitted directly to the Contracting Officer, along with the protest.
152.252-700 Clauses Requiring Access by Other Government Entities (JUL 2003)
Several clauses in this contract require reporting to other Federal agencies or access by other Federal agencies to the Contractor's
records for compliance determinations or other reviews. If any such reporting, compliance determination, or review involves this
contract, the Contractor shall obtain the Contracting Officer's written permission or guidance before participating.
152.204-733 Timely Notice of Litigation (DEC 2011)
(a) The Contractor hereby agrees to immediately give written notice to the Contracting Officer of any current litigation or any
anticipated litigation that may arise during the course of the performance of this contract or thereafter, that involves or in any way
relates to or affects: (1) any aspect of this contract, (2) its terms or costs, (3) pertinent subcontracts, or (4) the Customer's relationship
with the Contractor or its subcontractors. This notice shall include all relevant information with respect to the litigation. This notice
requirement is a continuing obligation and survives termination, settlement or close-out of the contract.
(b) The Contracting Officer shall have access to and the right to examine any pertinent books, documents, papers and records of the
Prime Contractor or subcontractor(s) involving customer transactions related to any contract litigation.
(c) Notwithstanding the foregoing, nothing in this agreement shall constitute a waiver of either party's right in litigation, including but
not limited to, the rights of attorney-client privilege, to obtain injunctive relief, and/or any rights or remedies available.
(d) The Contractor agrees to insert paragraphs (a) through (d) of this clause in any subcontract under this contract. In the event of
litigation, the subcontractor shall immediately notify its next tier subcontractor or the Prime Contractor, as the case may be, of all
relevant information with respect to such litigation.
(e) The Prime Contractor shall fax a copy of the notice of litigation to the Contracting Officer and to the Contract Law Division.
Clauses By Reference
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lause die
2.202-1
finitions (Jan 2012)
2.203-3 wines (Apr 1984)
2.203-5 ovenant Against Contingent Fees (Apr 1984)
2.203-7 -Kickback Procedures (Oct 2010)
2.203-8
Dation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Jan 1997)
2.203-10 'cc Or Fec Adjustment For Illegal Or Improper Activity (Jan 1997)
2.203-12 imitation On Payments To Influence Certain Federal Transactions (Oct 2010)
2.204-4 nted or Copied Double-Sided on Postconstuner Fiber Content Paper (May 2011)
2.209-6 rotecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or
roposed for Debarment (Dec 2010)
2215-17 aiver of Facilities Capital Cost of Money (Oct 1997)
2.215-18 r eversion or Adjusttnent of Plans for Postretiretnent Benefits (PRB) Other than Pensions (July 2005)
2.216-11 ost Contract-No Fee (Apr 1984)
2.222-3 � I vict Labor (June 2003)
2222-21
tbition of Segregated Facilities (Feb 1999)
2.222-26 ual Opportunity (Mar 2007)
2122-35'us! Opportunity for Veterans (Sep 2010)
2.222-36 ffirmative Action for Workers with Disabilities (Oct 2010)
2.222-37 mployment Reports Veterans (Sep 2010)
2.222-44 air Labor Standards and Service Contract Act - Price Adjustment (Sop 2009)
2.222-50 ornbating Trafficking in Persons (Feb 2009)
2.223-6 g Free Workplace (May 2001)
2.223-18
coo:aging Contractor Policies To Ban Text Messaging While Driving (Aug 2011)
2.225-13 etions on Certain Foreign Purchases (June 2008)
2.227-1 uthonzation and Consent (Dec 2007)
2.227-2 once and Assistance Regarding Patent and Copyright Infringement (Dec 2007)
2.227-14 Alt IV ghts in Data-General (Dec 2007) - Alternate IV (Dee 2007)
2.229-3
Metal, State and Local Taxes (Apr 2003)
2.230-5 oat Accounting Standards - Educational Institutions (May 2012)
2.230-6 dministration of Cost Accounting Standards (June 2010)
2.232-23 signment Of Claims (Jan 1986)
2.232-25
mpt Payment (Oct 2008)
2.233-1
sputes (July 2002)
2.233-3
test after Award (Aug 1996)
2.242-1 oticc of Intent to Disallow Costs (Apr 1984)
2.242-13
cy (July 1995)
2.243-2
ges-Cost Reimbursement (Aug 1987)
2.246-23
imitation of Liability (Feb 1997)
2.249-5 ermination For Convenience Of The Government (Educational And Other Nonprofit Institutions) (Sept
1996)
2.249-14
cusable Delays (Apr 1984
Section J - List of Attachments
Identer
J-1 List of Attaotunents
Title
Date
Number of
Pates
1-1 Fabrication and Multi-Physical Characterization of Carbon-To-Metal Connections for a Cell/Battery Statement of
Work. dated 23 January 2013
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ax #:
hone #:
ate:
ce
of Pages:
University
ese rc
lie
Fax: 301/314-9569
hone: I 1/405 269
(b)(3)
(including this cover sheet)
rom:
COMMENTS:
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COHTRACT ID CODE
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
PAGE 1 OF 3
AMENDMENTAIDOIRCATION
001
A LCSUED
3. EFFECTIVE DATE
07129/2013
4
CHASE RF.0 MO
7
PROS
(6 ocher Ind 6)
S NAME AND ADDRESS OF CONTRAC1OR No . street, =sem slate and ZIP Code)
UNIVERSITY OF MARYLAND
3121 lee building
COLLEGE PARK, MD 20742
(X)
9A AMENDMENT OF SOLICITATION NO
98 DATED (SEE ITEM 11)
I FACMJTY CODE
tOA MODIf ICA OON OF CONTRACT
2013-13040800007
ER NO
MO DATED (SEE ITEM It)
05/01/2013
11 THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
IDThe ebove numbered sdicitatiOn is amended as sat forth in item 14. The hour and date spec-Med for receipt of Offers is extended, s not extendact,
Offers must acknowledge receipt of this amendment pnor to the hour and date spectied in the sobckation or as amended, by one of the foiloveng methods. (a) By
completing Items Sand 15, and returning copies of the amendment (b9 By acknovitedgIng receipt of this amendment on each copy of the offer
submitted, or lc) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE
RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR
OFFER It by virtue of this amendment your desire to change an otter oiready submitted, such change 'nay be made by telegram or letter. Proskled each telegram Or letter
makes referent:* to the soricitation and this amendment and Is received prior to the opening hour and date specified
12. ACCOUNTING AND APPROPRIATION DATA (If requiredl
13 THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS
IT MODIFIES THE CONTRACT/ORDER NO AS DESCRIBED IN ITEM 14
CHECX ONE
A. THIS CHANGE ORDER IS ISSUED PURSUANT To: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT
ORDER NO. IN ITEM 10A.
X
B. THE ABOVE NUMBERED CONIrtACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office.
ariOrePtiatIOR date. etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF
D. OTHER (Specify type of modification and authority)
E. IMPORTANT. Contractor El Is not, Die required to sign this document and return copies to the issuing office.
14 DESCRIPTION OF AIRENDMENTMODIFICAT1ON (Organtred by UCF molten reecgrtgs, including seicsaliontontrect subject matter where feasible
The purpose of this contract action is to update the COTR of record. The following change is made to the
contract:
Section G. clause 152.242-701, entitled l'Atthoritv and Desianadon of a Contracting Officer's Technical
Representative," is hereby modified by making he COTR of record.
Except as provided hereon, at terMS 010:1 ocedbons of the document refenemed in tern 9A or ICA. as herataaore dungad, remains unchanged and in tull force and ellen
I.
NSN 2540-01-1 40070
Pnwtous Widen unusable
UNCLASS1FED
( ype or Print)
(b)(3)
(b)(3)
(b)(3)
'-' (b)(3)
TANDA 0 FO 30 (wt. 1043)
Prescribed by GSA FAR (48 CFR) 53243
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UNCLASSFIED
Table of Contents
fIcction Desc q rage NumbeE
Contract Administration Data .
152.242-701 Authority and Designation of a Contracting Officer's Technical Representative (COTR)
(OCT 2008)
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CIA 1 ii-144114
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O.Fax
From:
Phone:
Fax:
Company Name:
Contracts
To: Evan Crierie
Phone. 301.4055465
Fax: 301.314.9569
Company Name: University of Maryland
Comments:
Evan,
6 August 2013
Attached is a contract modification for you to review, A counter signature is not necessary.
Please let me know if you have any questions or concerns.
Thanks,
Urgent MIC For Review Please Comment El Please Reply Please Recycle
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Fax 24 April 2014
From:
Phone:
Fax:
Company Name: Contracts
To: Muriel Averilla-Chin
Phone: 301.405.5465
Fax: 301.314.9569
Company Name: University of Maryland
(b)(3)
Comments:
Muriel
I replaced as the Contracting Officer on the contract. Pleace see the attached Mod 002 for (b)(3)
the period of performance extension and let me know if you have any questions.
0 Urgent
For Review 0 Please Comment 0 Please Reply E Please Recycle
(b)(3)
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CON' RAC ID CODE
AMENDMENT OF SOUCITAMOKUMODIF1CATION OF CONTRACT
PAGE 1 OF 19
2 A4OMENTMCCF1CATION NO 3 EFFECTIVE DATE
002 04/25/2014
a
RECNISITION/PURCNASE REO NO
PROJECT NO Of appicabie)
7 AMU
Fan tem a)
(b)(3)
$ NAME AND ADDRESS OF CONTRACTOR (No., tree country, stele end ZIP Coe.)
UNIVERSITY OF MARYLAND
3121 Ise building
COLLEGE PARK, MD 20742
(X)
FACILITY COGS:
9A AMENIDUENT OF SEXICrIATIO4 NO
98 DATED (SEE
Aloft, MOCIFZATION OF CONTRACT/ORDER NO
2013-13040800007
108 DATED (SEE 3 EM 11)
05/01/2013
11. 1HIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
1:3 The above numbered solicibabon is amended as set forth in item 14. The hour and date specified for receipt of Offers 0 is extended. 0 is not extended,
Offers must acknowledge receipt of this amendment enor to the hour and date specified in the solicitation or as amended by one of the following methods. (a) By
completing items ft and 15, and returning copies of the amendment (b) By acknowtedging receipt of this amendment on each wry of the offer
subnOtted; or (c) By separate letter a. telegram which includes a reference to the soilcitation and amendment numbers. FAILURE OF YOUR ACKNO1M.EDGMENT TO BE
RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR ANO DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR
OFFER. If by virtue of this amendment your desire to change an offer already submitted. such change may be mode by telegram or latter, provided each telegram or letter
makes reference to the solicitabon and this amendment and is received prior to the opening hour and GRIM sPeCirred.
12. ACCOUNTING AND APPROPRIATION DATA et required)
13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
CHECK ONE
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT
ORDER NO. IN ITEM 10A.
Et THE ABOVE NUMBERED CONTRACT/ORDER IS MOW D TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office.
apprOcnithon date, Ito) SET FORTH IN ITEM 14. PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF.
X
D. OTHER (Specify type of modification and authority)
No cost period of perfonisance extension per request letter dated 03 April 2014
E IMPORTANT: Contractor ID is not. E3 is required to Sign this document and return copies to the issuing office.
14 DESCRIPTION OF AMENOMENTMODIFICATION (Crganited by UCF swam hombres. Includifie IdedleedideentillOt subsist natter whore haste,,)
The purpose of this contract action is to provide a no cost period of performance extension from 30 April 2014 to
31 October 2014. As a result, Section F clause 152.211-705 entitled "Period of Performance" is hereby modified
to include the end date of 31 October 2014.
Except ea provided heron, eli terms mul condtons of the document romersed in item OA or 10A. as heretofore changed. renters undertones and in VC force Ind Idea
teA "NA iiP enID TITLE OF SEINER (Tyree ei Pont) I IS& NAME AND TITLE OF CONTRACTING OFFICER (Type or Ora)
itlittannACTORIOFFEROrt
ITignatise of person authorized to sign)
fitiiZ540-01-152-1070
Pummel einem ui enable
15C. DATE SIGNED
UNCLASMFIED
P19101D1101 by GSA FAR (48 crsh 53.243
(b)(3)
(b)(3)
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T 1 of Contents
Pave Number
A
Solicitation/Contract Form
152.204-721 Use of Facsumile Signatures (JUN 2002)
Supplies or Services and Prices/Costs
152.216-774 Scope of Contract (Statement of Work) (OCT 2003) 5
152.216-757 Type of Contract and Consideration (Cost) (OCT 2003) .5
Descriptions/Specifications/Statement of Work
152 211-701 Statement of Work (OCT 2003) 5
Packaging and Marking
13-1 Packaging and Marking. .5
Inspection and Acceptance
52.246-9 Inspection of Research and Development (Short Form) (Apr 1984) 5
Deliveries or Performance 5
152.211-704 Late Delivery (AUG 1996) 5
152.242-708 Contract Status Report (JUL 2009). 6
152 211-705 Period of Performance (AUG 1996) 6
152.211-707 Place of Performance (AUG 1996). 6
52.242-15 Stop-Work Order (Aug 1989) 6
Contract Administration Data
152.245-715 No Contract Accountable Government Property (MAR 2012) 6
152.232-721 Billing Instructions (APR 2006) 6
152.232-717 Invoicing Instructions Unclassified Association (OCT 2009) 7
152.232-727 Internet Payment Platform Initial Registration and Account Maintenance (SEP 2010) . 7
152.204-732 Contract Settlement Documentation (DEC 2011) 8
152.232-701 Billing Cycle (SEP 2010) .9
152.232-719 SUBMISSION OF INVOICES (JAN 2004) 9
152.232-725 Electronic Submission of Payment Requests Using EPP (SEP 2010)...........9
152.242-701 Authority and Designation of a Contracting Officer's Technical Representative (COTR)
(OCT 2008)
9
152 242-718 Novation/Change-of-Name Notification Requirement (MAR 2011) ............. 10
Special Contract Requirements . .... . ................. ...... ..... ...... ............. ..... . .......... ......
152.203-701 Fraud, Waste, and Abuse, and Other Matters of Urgent Concern - Unclassified Association
(APR 2009) .......................... ......... ................. ......... ........... ........ 11
152.204-703 Non-Publicity (DEC 201 I) .11
152.204-723 Prohibition Against Recruiting on Agency Controlled Facilities (OCT 2008) 11
152.215-721 Order of Precedence (OCT 2003) 12
152.231-701 Payment of Contractor Travel (JAN 2004) 12
152.242-716 Past Performance Information - Referencing Agency Contracts (JUL 2012) 12
152.243-700 Changes Requiring No Equitable Adjustment (MAR 2004) 12
152.243-701 Limitation of Working Groups (MAR 2004) 13
152.243-702 Engineering Change Proposals (DEC 2010) 13
152.204-725 Foreign Nationals Performing Unclassified Work (NOV 2005) 13
152.242-715 Contractor Performance Evaluation (JUL 2012) 14
152.215-719 Incorporation of Section K Representations, Certifications, and Other Statements of
Offerors or Respondents (OCT 2003) 14
Contract Clauses
152.203-700 Compliance With the Constitution and Statutes of the United States (AUG 1996) 14
152.209-701 Organizational Conflicts Of Interest: General (JUL 2003) 14
152.215-700 Audit and Records - Negotiation (AUG 2004) 15
152.215-727 Pricing Adjustment (OCT 2003). 16
152.215-700All Audit and Records - Negotiation (AUG 2004) - Alternate 11 (AUG 2004) 16
152.229-700 Tax Audits (JAN 2004) 17
152.233-700 Independent Review of Agency Protests (JAN 2004) 17
152.252-700 Clauses Requiring Access by Other Government Entities (JUL 2003) .17
152.204-733 Timely Notice of Litigation (DEC 2011)., 17
52.202-1 Definitions (Jan 2012) 18
52.203-3 Gratuities (Apr 1984) 18
52.203-5 Covenant A 1Int Contingent Fees (Apr 1984) 18
52.203-7 Anti-Kickbuck Procedures (Oct 2010) 18
52.2034 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Jan
1997) 18
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity (Jan 1997) 18
UMICLASSWIED
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urni.L.Aburrau
52203.12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010)
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) ......... -18
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred,
Suspended, or Proposed for Debamient (Dec 2010) ....... ....... ....... ....18
52.215-17 Waiver of Facilities Capital Cost of Money (Oct 1997)..... .18
52.215-18 Reversion or Adjustment of Plans for Postretiretnent Benefits (PRB) Other than Pensions
(July 2005) 18
52.216-11 Cost Contract--No Fee (Apr 1984) 18
52 222-3 Convict Labor (June 2003) 18
52222-21 Prohibition of Seg,regated Facilities (Feb 1999) ....... ...... ......... .... ............. 18
52222-26 Equal Opportunity (Mar 2007)
18
52222-35 Equal Opportunity for Veterans (Sep 2010) 18
52222-36 Affirmative Action for Workers with Disabilities (Oct 2010) 18
52.222-37 Employment Reports Veterans (Sep 2010) 18
52.222-44 Fair Labor Standards and Service Contract Act - Price Adjustment (Sep 2009).�.. .. 18
52.222-50 Combating Trafficking in Persons (Feb 2009) 18
52.223-6 Drug Free Workplace (May 2001) 18
52.223-18 a g I � Policies To Ban Text Messaging While Driving (Aug 2011) - .... 18
52.225-13 Restrictions on Certain Foreign Purchases (June 2008) ......... .... . ...... 18
52.227-1 Authorization and Consent (Dec 2007) .18
52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007) �. ...... -18
52.227-14 Alt W Rights in Data-General (Dec 2007) - Alternate TV (Dec 2007) .. 18
52.229-3 Federal, State and Local Taxes (Apr 2003) ................... .......... .....18
52.230-5 Cost Accounting Standards - Educational Institutions (May 18
52.230-6 Administration of Cost Accounting Standards (June 2010) 18
18
18
18
18
18
52.242-13 Bankruptcy (July 1995) 18
52.243-2 Changes-Cost Reimbursement (Aug 1987). 18
52.246-23 Limitation of Liability (Feb 1997) 18
52.249-5 Termination For Convenience Of The Government (Educational And Other Nonprofit
Institutions) (Sept 1996) 18
52.249-14 Excusable Delays (Apr 1984) 18
List of Attachments 18
1-1 List of Attachments 19
52.232-23 Assignment Of Claims (Jan 1986)
52.232-25 Prompt Payment (Oct 2008)
52.233-1 Disputes (July 2002)
52.233-3 Protest after Award (Aug 1996)
52.242-1 Notice of Intent to Disallow Costs (Apr 1984)
FD
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Contractor Name: UNIVERSITY OF MARYLAND
Contract Number:2013-13040800007
Modification Number: 002
Section A Solicitation/Contract Form
152.204 721 Use of Facsimile Signatures (JUN 2002)
Page 4 of 19
This Contract document may be executed in counterparts, each of which shall be deemed an original, all of which together shall
constitute one and the same instrument. Facsimile signatures will be regarded as authentic by all parties.
Section B - Supplies or Services and Prices/Costs
CLIN DETAILS
Description: CLIN 0001 / COST / Develop. Fabricate and Characterize the Connections for use in a Cell/Battery
Period Base Totals:
$100,000.00
$100,000.00
Period Exercised Options Totals:
$0.00
$0.00
Period Current (Base + Exercised Options)
Totals:
$100,000.00
$100,000.00
Period Unexercised Options Totals:
$0.00
$0,00
Period Base and Options Totals:
$100,000.00
$100,000.00
Quantity Base/ Totals:
$0,00
$0.00
Quantity Exercised Options Totals:
$0,00
$000
Quantity Current (Base + Exercised Options)
50.00
50.00
UNCLASSIFIED
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Contractor Name: UNIVERSITY OF MARYLAND
Contract Number2013-13040800007
Modification Number: 002
Page 5 of 19
Totals.
Quantity Unexercised Options Totals-
$000
$0.00
Quantity Base and Options Totals:
$0.00
eV'
$0.00
152.216-774 Scope of Contract (Statement of Work) (OCT 2003)
The Contractor shall, in accordance with the terms and conditions set forth hereafter, furnish the necessary qualified personnel,
services, travel, facilities, and materials (except those specifically designated to be provided by the Government) and do all things
necessary and incident to completion of the contractual effort in accordance with the Section C, Statement of Work (SOW).
152.216-757 Type of Contract and Consideration (Cost) (OCT 2003)
This is a Cost contract as identified under Federal Acquisition Regulation (FAR) 16.302, bearing no fee and in the estimated cost of
$100,000.
Section C � Descriptions/Specifications/Statement of Work
152.211-701 Statement of Work (OCT 2003)
The Sponsor's Statement of Work entitled "Fabrication and Multi-Physical Characterization of Carbon-to-Metal Connections for a
Cell/Battery," dated 23 January 2013, which is incorporated by reference or attached hereto, is made a part of this contract.
Section 0- Packaging and Marking
D-1 Packaging and Marking
Section D, Packaging and Marking, is not applicable to this contract.
Section E - Inspection and Acceptance
Clauses By Reference
1U4.4
.246-9 Ilnapection of Research and Development (Short Form) (Apr 19/14)
Section F - Deliveries or Performance
PERIOD OF PF-RFORMANCE
ITEM START
0001 05101/2013
END
10/3112014
UNCLASSIFIED
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Con Number.2013-1
Number: 002
152.211-704 Late Delivery (AUG 1996)
When the Contractor encounters difficulty in meeting performance requirements, or antici $ difficulty in complying with the
delivery schedule or date, it shall immediately notify the Contracting Office in writing giving pertinent details; provi
however, that this shall be informational only in character � that this provision shall not be construed as a waiver by ihe
Government of any delivery schedule or any rights or remedies provided by law or under this contract.
152.242-708 Contract Status Report (JUL 2009)
(a) Monthly contract status reports shall be submitted in two copies to the Contracting Officer not later than 15 calendar days after the
close of the invoice/billing cycle covered by the report. Such report shall be in the format as provided in the attached Monthly
Contract Status Report exemplar.
(b) The Monthly Contract Status Report for this contract will consist of the following template sections:
Contract Summary
Program Actuals
Financial/Hourly Summary
152.211-705 Period of Performance (AUG 1996)
The period of performance of this contract shall be from 1 May 2013 -31 October 2014.
152.211-707 Place of Performance (AUG 1996)
The principal place of performance under this contract shall be the Contractor's facility located at the University of Maryland.
Clauses By Reference
.2.242-15
...top-Work Order (Aug 1989)
Section G - Contract Administration Data
152.245-715 No Contract Accountable Government Property (MAR 2012)
(a) This contract shall be performed and completed without any accountable Government property -- whether Government Furnished
Property (GFP) or Contractor Acquired Property (CAP). The Contractor shall make no requests for Government property except
when the Government may accrue significant tangible benefits by granting such a request. The Contractor shall not accept, request. or
pursue accountable Government property from anyone other than the Contracting Officer and shall not act upon such request until
written authorization is received from the Contracting Officer via contract modification.
(b) The Contractor may use Government property in their possession, which is accountable to other Agency contract(s), for the
performance of this contract if the Contracting Officer(s) of the other contract(s) provides written authorization of their approval.
Such use ahall be on a rant-free. non-interference basis and shall comply with the terms and conditions specified in the Contracting
Officer's written authorization.
MCLASSWIED
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.11,9,4.6.40.P.S. BUY
tor Name: UN SITY OF MARYLAND
Number 3.1 7
mbar. 002
152 232-721 Billing Instructions (APR 2006)
Page 7 of 19
Contractor shall submit invokes on a monthly basis in arrears. Contractors shall combine delivery tickets on a consoli invoice
with each ticket listed as a � line item by number, date, and amount.
152.232-717 invoicing Instructions Unclassified Association (OCT 2009)
(a) Contractors may mail invoices to the following payment office:
Vendor Payments
Ann: Mail Room
Washington, DC 20505.
However, the preferred method of submitting invoices to the payment office is via facsimile (FAX) machine. Contractors may use
any of the numbers listed below When Contractors transmit original invoices via FAX, do not follow up with additional mailed
copies; doing so will cause your company to lose the FAX option.
(b)(3)
(b)(3)
(b) In addition to the items necessary per FAR 52.232-25, "Prompt Payment", a proper invoice must include:
(1) Date(s) supplies delivered or services performed.
(2) Itemized cost elements and fee amounts for both the current invoice's costs and for the cumulative cost elements and fee
amounts (for cost reimbursable contracts); itemized labor categories (for time-and-material or labor-hour contracts),
(3) Invoice Line Item Descriptions shall not contain any sensitive and/or classified information, nor identify the Sponsor or any of
its facilities. Any invoice including such information will not be considered a proper invoice in accordance with the Prompt Payment
Act and shall be rejected. Further, the submission of such an invoice may be considered a security incident.
(c) The Contractor may make inquiries regarding invoices to the payment office on
(b)(3)
152.232-727 Internet Payment Platform Initial Registration and Account Maintenance (SEP 2010)
(a) The Internet Payment Platform (EPP) is a secure, web-based electronic invoicing system (accessible via the Internet) provided by
the Department of the Treasury's Financial Management Service (FMS), in partnership with the Federal Reserve Bank of Boston. The
Contractor shall provide the Contracting Officer with the following information required for IPP registration:
(1) Company Name (primary corporate location);
(2) Company Tax Identification Number (TIN); and
(3) Company designated IPP account administrator, to include: name, position, phone number, email address.
Contractors currently registered with IPP through another Government agency must still register separately for payments from this
Agency.
(b) Within 1-2 weeks after the contract is signed, the information provided in paragraph (a) will be forwarded to IPP and the company
designated IPP account administrator will then receive three mails from the Treasury Web Applications Infrastructure's (TWA!)
email address twaigov@rnail.eroc.twaigov.
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wraess.aweir SAW
Contractor Name: UNIVERSITY OF MARYLAND Page 8 of 19
Contract Number 2013-1
� (cation Number 002
II
(1) From "Treasury UPS Uscr Administration" - a FMS Enterprise User ID and a link to a wcbsitc that will allow the Company's POC
to initialize an IPP account
(2) From "IPP User Administration" - the Company's IPP User ID, a link to the IPP Application, and the IPP Helpdesk phone number.
(3) From "Treasury UPS User Administration" - the Company's IPP password (sent within 24 hours of the first two emails).
(c) During registration, one (1) initial administrative user account is created for the company for the submitted TIN, regardless of the
number of contracts or locations associated with the TIN. The [PP account administrator is required to set up all other company user
accounts, including other administrators. Registration is complete when the IPP account administrator logs into the IPP website with
the User ID and password provided by TWAI and accepts the "rules of behavior".
(d) The Contractor shall access a first time login video found on the IPP homepage, which provides step-by-step instructions for
logging into IPP for the first time. Other self-help videos, to include creating and submitting invokes, are available only after logging
into IPP.
(e) Passwords in IPP expire every 90 days. Fourteen days prior to the end of the 90-day period, IPP will send an email notification
prompting you to change your password. If you do not change your password once during the 90 days, or if you do not change your
password when prompted to do so, you must contact the IPP Helpdesk at 1-866-973-3131 to unlock your account and to reset your
password.
(f) For application specific questions such as how to create an invoice or how to set up notifications, contact the [PP Helpdesk. For
questions related to the contract, contact the Vendor Service Center at (b)(3)
152.204-732 Contract Settlement Documentation (DEC 2011)
Upon completion of the subject contract, the Contractor shaIrsubmit the following documents:
(a) Electronic Funds Transfer Information (EFT) - The submission of this information is required to keep our payment database
current. (One copy required)
(b) Final Property Closeout Statement (Government Furnished Property (GFP) and Contractor Acquired Property (CAP) (One copy
required)
(c) Final Patent and Royalty Statement (in accordance with FAR 52.227-11 or 52.227-13, as appropriate) (One copy required)
(d) Final Level-of-Effort Certification (Applicable to contracts with LOE type CLINs) (One copy required)
(e) Final Cleared Personnel Certification Report (If contract required security clearances) (Submit in accordance with contract clause
152.204-729)
(f) Final Invoice or Voucher (also referred to as Final Cumulative Claim and Reconciliation [FCCR]) (Applicable to contracts with
cost-type CLINs. Exemption Cost-type CLINs established for Other Direct Costs or travel on a fixed price contract.). Once final
annual indirect cost rates have been established, the Contractor shall submit a "FINAL" invoice or voucher. If final annual indirect
cost rates have not been established and the parties have agreed to use negotiated quick-close rates, the Contractor shall submit a
"FINAL" invoice or voucher. The receipt of an invoice marked "FINAL" shall initiate the settlement of this contract. This "FINAL"
invoice is not to be transmitted via electronic submission, but must be submitted in hard copy to the address listed below. (One copy
required)
One set of closeout documentation (a), (b), (c), (d), and Contracting Officer's copy of (e) shall be mailed, postage prepaid, to the
Contracting Officer at the Issuing Office address on page 1 of this contract.
One complete set of closeout documentation (a), (b), (c), (d), and (f) shall be mailed, postage prepaid, to:
Contract Settlements
Washington, DC 20505
(b)(3)
UNCLASSIFIED
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Co r Name: UNIVERSITY OF MARYLAND Page 9 of 19
Con Num :2013-1 7
Mod Plum. r:002
(b)(3)
If you have any questions in regard to the closeout procedure, please contact the Contracting Officer or the settlements office
152.232-701 Billing Cycle (SEP 2010)
Pursuant to the "Electronic Submission of Payment Requests using IPP" clause, the Government will issue payment only after services
have been rendered. Consequently, Contractors shall submit invoices in arrears and no more frequently than monthly.
152232-719 SUBMISSION OF INVOICES (JAN 2004)
Notwithstanding the provisions of the clause of this contract at FAR 52.216-7, Allowable Cost and Payment, Contractors shall not
submit invoices or requests for contract interim payment more often than once a month.
152.232-725 Electronic Submission of Payment Requests Using IPP (SEP 2010)
(a) Definitions. As used in this clause-
(1) "Contract financing payment" and "invoice payment" have the meanings given in FAR section 32.001.
(2) "Electronic form" means using the Internet Payment Platform (IPP) to transmit information electronically from the Contractor to
the internal contract management system. The Agency does not consider facsimile, e-mail, and scanned documents to be electronic
forms.
(3) "Payment request" means any request for contract financing payment or invoice payment submitted by the Contractor under a
contract.
(b) Except as provided in hs (a) and (g) of this clause, the Contractor shall submit payment requests using the Internet
Payment Platform (IPP). The payment period designated by the Prompt Payment Act will begin on the date a proper and complete
invoice is received in the payment office via IPP. The status of submitted invoices is available in IPP. For other invoice or payment
questions relating directly to this contract, call the payment office on
(b)(3)
(c) The Contract Line Item Numbers (CLINs) and associated CLIN descriptions as provided in IPP must be utilized to create invoices.
An Invoice Line Item Number must reference the Contract Line Item Number (CLIN) against which the Contractor is billing. An
invoice may have multiple Invoice Lines billing against one CLIN, but the Invoice Line Item Descriptions must closely relate to the
CLIN descriptions in the contract. Do not attach any documents to the invoice submitted in EPP as the attachments will be discarded.
Any additional documentation must be submitted to the COTR in a method mutually agreed to by the Contractor and the COTR.
(d) The Invoice shall not include any sensitive and/or classified information, nor identify the Sponsor or any of its facilities. Any
invoice including sensitive and/or classified information will not be considered a proper invoice in accordance with the Prompt
Payment Act and will be rejected. Further, the submission of such an invoice may be considered a security incident. Any questions
concerning this matter should be directed to the Contracting Officer.
(c) If the Contractor is unable to submit a payment request in electronic form, or the Agency is unable to receive a payment request in
electronic form, the Contractor shall submit the payment request using a method mutually agreed to by the Contractor, the Contracting
Officer, and the payment office.
(f) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this
contract when submitting payment requests.
(g) The Contractor shall submit the final invoice or voucher for cost reimbursement contracts in accordance with the "Settlement -
Cost Type Contracts" clause of this contract
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152.242-701 Authority and Designation of a Contracting Officer's Technical Representative (COTR) (OCT 2008)
(a) Authority: Performance of this contract is subject to the teclutical guidance, supervision and approval of the Contracting Officer
or a desi Contracting Officer's Technical Representative (COTR). As used herein, "technical guidance" is restricted to
scientific, engineering or other technical field-of-discipline matters directly related to the work to be performed. Such guidance may
be provided for the purposes of filling in details, clarifying. interpreting or otherwise serving to accomplish the technical objectives
and requirements of the contract. In addition, and unless specified elsewhere in this contract, the authority of the designated COTR is
specifically limited to the technical administration of this contract and the inspection of supplies being produced, services being
provided or work being performed to assess compliance with the scope, estimated cost (if cost-reimbursement), schedule, and
technical requirements of the contract.
(b) If an Associate COTR (ACOTR) or a Government Task Manager (GTM) is designated by this clause, the ACOTR will assist the
COTR in his/her responsibilities and will function as the technical representative of the Contracting Officer in the absence of the
COTR. The GTM will assist the COTR in performing his/her responsibilities for a specific task(s). However, the COTR remains
ultimately responsible for the technical performance of the contract.
(c) Desi4. ion: The individual(s) identified below is/are authorized access to all information concerning this contract during the life
of the contract unless this authorization is reassigned by an administrative change to the contract:
Name
COTR:
(b)(3)
(d) Notification: The Contracting 'leer is the only representative of the Government authorized to negotiate, enter into, modify or
take any other action with respect to this contract. Therefore, no other employee or representative of the Government has the authority
to initiate a course of action which may alter the terms or conditions of this contract. All revisions to specifications, requirements or
informal commitments that may involve a change in either the total cost/price, scope, delivery schedule, or legal aspects of this
contract must be done by change order or supplemental agreement, to be negotiated and signed by the Contracting Officer. Should
any action by Government personnel (other than the Contracting Officer) imply a commitment on the part of the Government that
would affect the terms of this contract, the Contractor must notify the Contracting Officer and obtain approval before proceeding.
Otherwise, the Contractor proceeds at its own risk.
152.242-718 Novation/Cbange-of-Name Notification Requirement (MAR 2011)
(a) For the purposes of this contract, any transfer of the contractor's assets to a third party, or change to the contractor's name, that fall
under FAR 42.12, will be processed in a centralized manner by the staff at the following address:
Office of the Procurement Executive (b)(3)
Washington, DC 20505
Unclassified Fax:
(b)(3)
(b) Until the settlement of this contract is completed, the Contractor shall provide written notification to this staff via facsimile
within (30) thirty days of any fore-mentioned changes. Along with details of the change, your notification shall provide a point of
contact name, title, clearance level, and phone and fax numbers.
(c) After receiving this notification, your designee will receive a letter with instructions to assist in the preparation of the
novation/change-of-name package. Our organization will typically recognize Other Government Agency (OGA) Agreements:
however, we have unique security requirements that must be addressed before formally accepting these agreements.
(d) You are reminded that you must continue to invoice under your former name on existing contracts until this Agency accepts your
novation and/or change-of-name agreement by issuance of a letter recognizing the nt. In addition, you are NOT authorized to
request changes to your banking information to recognize a successor company on existing contracts until this Agency accepts your
novation and/or change-of-name agreement. Any delays in submitting the required information may impact your ability to invoice.
UNC
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(e) A submission of a novation or name change agreement does not guarantee approval by this organization and if a change is deemed
unacceptable, the contractor will remain under contractual obligation to perform. The contract may be terminated for reasons of
default should the contractor not perform.
on H - Special Contract Requirements
152.203-701 Fraud, Waste, and Abuse, and Other Matters of Urgent Concern - Unclassified Association (APR 2009)
Anyone who suspects fraud, waste, or abuse in any aspect of the acquisition process or during performance of this contract by either
Government or Contractor personnel, or wishes to report an ent concern" to Congress, should contact the Office of Inspector
General, Investigations Staff, at phone number The term "urgent concern" means: (a) a serious or flagrant problem, (b)(3)
abuse, violation of law or Executive Order, or deficiency relating to the funding, administration, or operations of an intelligence
activity involving classified information; (h) any false statement made to Congress, or willful withholding from Congress. on an issue
of material fact relating to the funding. administration, or operations of an intelligence activity involving classified information; or (c)
an action constituting reprisal or threat of reprisal in response to any person reporting an urgent concern pursuant to this provisions.
152.204703 Non-Publicity (DEC 2011)
(a) The Contractor shall not use or allow to be used any aspect of this solicitation and/or contract for publicity. "Publicity" means,
but is not limited to, advertising (e.g. trade magazines, newspapers, Internet, radio, television etc.), communications with the media,
marketing, or a reference for new business. This shall include, but, is not limited to, the use of the terms "ISSA or ISA" or any other
sponsor specific terms in any public advertisements. It is further understood that this obligation shall not expire upon completion or
termination of this contract, but will continue indefinitely. The Contractor may request a waiver or release from the foregoing but
shall not deviate therefrom unless authorized to do so in writing by the Contracting Officer. Contractors are not required to obtain
waivers when informing offices within this Agency of contracts it has performed or is in the process of performing provided there are
no security restrictions. Contractors may include the requirement for security clearances up to the TS, SCI level in public employment
advertisements; however, these advertisements may not describe the scope of polygraph requirements in any manner. Violations of
this clause constitute a major breach of contract, and the contract may be terminated for default, without the requirement of a 10-day
cure notice.
(b) The Contractor shall include the substance of this clause, including this p (b), in each subcontract issued under this
contract.
152.204-723 Prohibition Against Recruiting on Agency Controlled Facilities (OCT 2008)
(a) The Contractor shall inform its employees and subcontractors that they are not permitted to engage in employment recruitment
while on any facility owned, leased, or otherwise controlled by the Agency or to use Agency communications systems (e.g. cable and
computer systems) and nonpublic information in connection with recruitment without written approval of the Contracting Officer. For
purposes of this clause, recruitment refers to discussions of future employment with the contractor or subcontractor initiated by an
employee of the contractor or subcontractor; distribution of employment forms or other employment paperwork, or similar activities
directed towards obtaining the employment of any individual by the contractor or subcontractor. Any Contractor or subcontractor
employee who violates this policy may be denied further access to Agency controlled facilities and systems. The Contractor shall
emphasize this fact to its employees and subcontractors and shall include the substance of this clause in each subcontract issued under
this contract.
(b) The prohibition set forth in paragraph (a) above does not apply to the recruitment of Agency personnel enrolled in the Agency's
Career Transition Program.
(c) Denial of access to Agency controlled facilities and systems as described in h (a) of this clause shall not relieve the
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Contractor from full performance of the requirements of this contract, nor will it provide the basis for any claims against the
Government,
152.215-721 Order of Precedence (OCT 2003)
(a) Any inconsistency in this contractual document (inclusive of documents, provisions or exhibits referenced herein or attached
hereto) shall be resolved by giving precedence in the following order:
(1) The Schedule (excluding the SOW and specifications)
(2) Attachment A - Incentive and Award Fee Plan (if applicable)
(3) Statement of Work
(4) Other provisions of the contract when attached or incorporated by reference
(5) Specifications
(6) Technical Provisions of the Contractoes Proposal(s)
(b) If a conflict or inconsistency arises out of any of the contract elements listed above, the Contractor shall notify the Contracting
Officer of the conflict or inconsistency for final and unilateral resolution. Under no circumstances will such conflicts or
inconsistencies result in increases to target cost, fee, award fee or schedule extensions.
152.231-701 Payment of Contractor Travel (JAN 2004)
(a) Travel costs incurred under this contract are allowable subject to the limitations contained in Federal Acquisition Regulation
(FAR) 31.205-46.
(b) There are some circumstances under which the contractor must obtain approval from the Contracting Officer prior to undertaking
travel. They are�
(1) When travel is in excess of a predetermined travel allocation;
(2) When the - � has doubt about whether a cost is allowable; and
(3) When foreign travel is involved.
152.242-716 Past Performance Information - Referencing Agency Contracts (JUL 2012)
(a) This contract may be listed as a reference for past performance purposes only in offers submitted to agencies and organizations
within the Intelligence Community, provided the Contractor requests and receives the written approval of the Contracting Officer in
advance. Failure to comply with this requirement may result in the Agency being unable to respond to a reference request and may
also result in a termination for default.
(b) Contractors are not required to obtain waivers when informing offices within this Agency of contracts it has performed or is in the
process of performing provided there are no security restrictions.
152.243-700 Changes Requiring No Equitable Adjustment (MAR 2004)
(a) Purpose. The purpose of this paragraph is to establish a . � .-.ure whereby one contractual modification will be used both to
direct a change pursuant to the "Changes" clause of this contract and to settle any question of equitable adjustments that might arise.
This procedure shall apply only to those changes that will have no effect on the contract price, delivery schedule, or other provisions
of the contract_
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(b) Procedure. When a change under the "Changes" clause is proposed, and �4 panics agree that the proposed change will not
require any equitable adjustment, the Contracting Officer shall issue a bilateral modification authorizing the change that clearly states
the change has no effect on either the contract price/cost plus fee, or period of performance/delivery date. The Contractor's signature
on the modification shall constitute acce ce of the Government's offer, shall be binding on both parties, and shall constitute a full,
complete, and final settlement for the changes so directed.
152.243-701 Limitation of Working Groups (MAR 2004)
Technical guidance provided at meetings of Working Groups established by the Government and/or construed from the minutes of
such meetings shall not constitute authorization for the Contractor to alter the scope of this contract. Only the Contracting Officer
may give such direction in writing through the "Changes" clause of the contract.
152.243-702 Engineering Change � sals (DEC 2010)
(a) The Contracting Officer may ask the Contractor to prepare engineering change proposals for engineering changes within the
general scope of this contract. Upon receipt of a written request from the Contracting Officer, the Contractor shall prepare and submit
an engineering change proposal in accordance with the Contracting Officer's instructions.
(b) The Contractor may initiate engineering change proposals. Contractor initiated engineering change proposals shall include a "not
to exceed" cost or price or a "not less than" cost or price and delivery adjustment. If the Contracting Officer orders the engineering
change, the increase shall not exceed nor the decrease be less than the "not to exceed" or "not less than" amounts.
(c) A change proposal accepted in accordance with the Changes clause of the contract shall not be considered an authorization to the
contractor to exceed the estimated cost in the contract schedule, unless the estimated cost is increased by the change order or other
contract modification.
(d) When the cost or price adjustment amount of the engineering c e meets the criteria for its submission under FAR 15.403-4, the
Contractor shall submit:
(1) A contract pricing proposal using the format in Table 15-2, Section 15.408, of the Federal Acquisition Regulation; and.
(2) At the time of agreement on cost or price, a signed Certificate of Current Cost or Pricing Data.
152.204-725 Foreign Nationals Performing Unclassified Work (NOV 2005)
(a) The Contractor shall identify any and all personnel who are foreign nationals (personnel who are not United States citizens or
Permanent Resident Aliens) that are proposed to perform work under this contract in a prime contractor and/or subcontractor
capacity. The Contractor must receive written approval from the Contracting Officer prior to allowing any foreign nationals not listed
in paragraph (c) to work on this contract.
(b) Throughout the performance of this contract, the Contractor shall provide the Contracting Officer with the following information
at least thirty (30) days prior to the contemplated use of such individuals:
Full Name,
Date and Place of Birth,
Citizenship,
Social Security Number,
Visa Number and Type.
Title.
It should be understood that the Contracting Officer may exclude any person(s) who are not United States citizens from performing on
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this contract without providing a reason for the exclusion.
(c) The following foreign nationals are hereby authorized to work on this contract:
Title
[ Full Name I [ Principle Investigator, GraduatefUnd : �uate Student, etc.]
Name
152.242-715 Contractor Performance Evaluation (JUL 2012)
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(a) In accordance with FAR. Subpart 42.15, and as otherwise provided by this contract, the Contractor's performance under this
contract shall be subject to evaluation as follows:
(1) Final evaluation shall be conducted for all contracts after completion of contract performance; an
(2) Interim evaluations may be conducted at the government's discretion.
(b) Past performance evaluation reports shall be retained by the Government to provide source selection information for a period not
to exceed three years after contract completion. In accordance with FAR 9.105, the Contracting Officer shall also consider relevant
past performance information when making responsibility determinations.
(c) The Contracting Officer shall provide appropriate extracted information from the completed interim (if applicable) and final
reports to the Contractor as soon as practicable after completion of the report. The Contractor shall have a maximum of 30 calendar
days after the date of the letter forwarding the information to submit written comments, rebutting statements, or additional
information. The Government will consider rebuttals and other information provided by the Contractor and will render a final
determination regarding the contractor's performance during that period of the evaluation.
152.215-719 Incorporation of Section K Representations, Certifications, and Other Statements of Offerors or
Respondents (OCT 2003)
SECTION K which has been completed and submitted with Contractor's proposal dated 1 April 2013 is incorporated herein by
reference and made a part of this contract.
Section I - Contract C uses
152.203-700 Compliance With the Constitution and Statutes of the United States (AUG 1996)
Nothing in this contract shall be construed to authorize any activity in violation of the Constitution or Statutes of the United States.
152.209-701 Organizational Conflicts Of Interest: General (JUL 2003)
(a) The contractor warrants that, to the best of its knowledge and belief, there are no relevant facts that could give rise to
Organizational Conflicts of Interest, as defined in FAR 9.501. Or, alternatively, the contractor warrants that it has disclosed all
relevant information regarding any actual or potential organizational conflict of interest.
(b) The contractor agrees that if an organizational conflict of interest with respect to this contract is discovered during its
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performance, an immediate and full disclosure in writing shall be made to the Contracting Officer. Such notification shall include a
description of the action the contractor has taken or proposes to take to avoid, neutralize or mitigate such conflicts. The contractor
shall continue rmance until notified by the Contracting Officer of any contrary actions to be taken. The Government may.
however, terminate the contract for its convenience if it deems such termination to be in the best interest of the Government.
(c) If the contractor was aware of an organizational conflict of interest before award of this contract and did not fully disclose the
conflict to the Contracting Officer, the Government may terminate the contract for default.
(d) The contractor shall insert a clause containing all the terms and conditions of this clause in all subcontracts for work to be
performed similar to the services provided by the prime contractor, and the terms "contract", "contractor", and "contracting officer"
modified appropriately to preserve the Government's rights.
(e) Before a contract modification is made that adds new work or significantly increases the period of performance, the contractor
shall agree to submit either an organizational conflict of interest disclosure or representation or an update of a previously submitted
disclosure or representation, if requested by the Government.
(f) Contractor further agrees that Government may periodically review contractor's compliance with these provisions or require such
self-assessments or additional certifications as Government deems appropriate.
152.215-700 Audit and Records - Negotiation (AUG 2
6 1
(a) As used in this clause, *records" includes books, documents, accounting procedures and practices, and other data, regardless of
type and regardless of whether such items are in written form, in the form of computer data, or in any other form.
(b) Examination of costs If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract,
or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the
Con � Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs
claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of
examination shall include inspection at all reasonable times of the Contractor's plants, or parts of them. engaged in performing the
contract.
(c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action
relating to this contract, the Contracting cer, or an authorized representative of the Contracting Officer, in order to evaluate the
accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor's
records, including computations and projections, related to
(1) The proposal for the contract, subcontract, or modification;
(2) The discussions conducted on the proposal(s), including those related to negotiating:
(3) Pricing of the contract, subcontract, or modification; or
(4) Performance of the contract, subcontract or modification.
(d) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized
representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the
purpose of evaluating:
(1) The effectiveness of the Contractor's policies and procedures to produce data compatible with the objectives of these reports;
and
(2) The data reported.
(e) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence
described in . .hs (a), (b), (c), and (d) of this clause, for examination, audit, or reproduction, until 3 years after final payment
under this contract or for any shorter period specified in Subpart 4/, Contractor Records Retention, of the Federal Acquisition
Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition:
(I) If this contract is completely or partially terminated, the Contractor shall make available the records relating to the work
terminated until 3 years after any resulting final termination settlement; and
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(2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of
claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved
(f) The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (f), in all subcontracts under
this contract that exceed the simplified acquisition threshold, and
(1) That are cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable type or any combination of
these;
(2) For which cost or pricing data are required; or
(3) That require the subcontractor to furnish reports as discussed in paragraph (d) of this clause.
The clause may be altered only as necessary to identify properly the contracting parties and the Contracting Officer under the
Government prime contract.
152.215-727 Pricing Adjustment (OCT 2003)
The term "pricing adjustment" as used in p � h (a) of the clauses entitled "Price Reduction for Defective Cost or Pricing Data -
Modifications", "Subcontractor Cost or Pricing Data", and "Subcontractor Cost or Pricing Data- Modifications", means the aggregate
increases and/or decreases in cost plus applicable profits.
152.215-700A11 Audit and Records - Negotiation (AUG 2004) - Alternate II (AUG 2004)
(a) As used in this clause, "records" includes books, documents, accounting procedures and practices, and other data, regardless of
type and regardless of whether such items are in written form, in the form of computer data, or in any other form.
(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract,
or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the
Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs
claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of
examination shall include inspection at all reasonable times of the Contractor's plants, or parts of them, engaged in performing the
contract.
(c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action
relating to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the
accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor's
records, including computations and projections, related to -
(1) The proposal for the contract, subcontract, or modification,
(2) The discussions conducted on the proposal(s), including those related to negotiating,
(3) Pricing of the contract, subcontract, or modification; or
(4) Performance of the contract, subcontract or modification.
(d) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting Officer or an authorized
tative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the
purpose of evaluating �
(1) The effectiveness of the Contractor's policies and procedures to produce data compatible with the objectives of these reports,
and
(2) The data reported.
(e) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence
described in'ha (a), (b), (c), and (d) of this clause, for examination, audit, or reproduction, until 3 years after final payment
under this contract or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of the Federal Acquisition
Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition -
(1) If this contract is completely or partially terminated, the Contractor shall make available the records relating to the work
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terminated until 3 years after any resulting final termination settlement; and
(2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of
claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved.
(0 The Contractor shall insert a clause containing all the terms of this clause, including this paragraph (f), in all subcontracts under
this contract that exceed the simplified acquisition threshold, and -
(I) That are cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable type or any combination of
these;
(2) For which cost or pricing data are required; or
(3) That require the subcontractor to furnish reports as discussed in paragraph (d) of this clause, The clause may be altered only as
necessary to identify properly the contracting parties and the Contracting Officer under the Government prime contract.
(g) The provisions of OMB Circular No. A-133, "Audits of States, Local Governments, and Nonprofit Organizations," apply to this
contract.
152.229-700 Tax Audits (JAN 2004)
If federal, state, or local tax officials request access to information under this contract, the contractor shall immediately notify the
Contracting Officer. The contractor shall also request that the tax officials identify, in writing, the specific information sought for
review and shall forward the response and any related documentation to the Contracting Officer. Failure to provide notice to the
Contracting Officer may be grounds for denying a cost/price adjustment for the resulting tax liability, if an adjustment is otherwise
authorized by law and the terms of this contract.
152.233-700 Independent Review of Agency Protests (JAN 2004)
An independent review of protests to the agency, as defined in FAR 33.103(d)(4), is available as an alternative to consideration by the
Contracting Officer. Requests for an independent review shall be submitted directly to the Contracting Officer, along with the protest.
152.252-700 Clauses Requiring Access by Other Government Entities (JUL 2003)
Several clauses in this contract require reporting to other Federal agencies or access by other Federal agencies to the Contractor's
records for compliance determinations or other reviews. If any such reporting, compliance determination, or review involves this
contract, the Contractor shall obtain the Contracting Officer's written permission or guidance before participating.
152.204-733 Timely Notice of Litigation (DEC 2011)
(a) The Contractor hereby agrees to immediately give written notice to the Contracting Officer of any current litigation or any
anticipated litigation that may arise during the course of the performance of this contract or thereafter, that involves or in any way
relates to or affects: (I) any aspect of this contract, (2) its terms or costs, (3) subcontracts, or (4) the Customer's relationship
with the Contractor or its subcontractors. This notice shall include all relevant information with respect to the litigation. This notice
requirement is a continuing obligation and survives termination, settlement or close-out of the contract,
(b) The Contracting Officer shall have access to and the right to examine any pertinent books, documents, papers and records of the
Prime Contractor or subcontractor(s) involving customer transactions related to any contract litigation.
(c) Notwithstanding the foregoing, nothing in this agreement shall constitute a waiver of either party's right in litigation, including but
not limited to, the rights of attorney-client privilege, to obtain injunctive relief, and/or any rights or remedies available.
(d) The Contractor to insert paragraphs (a) through (d) of this clause in any subcontract under this contract. In thc event of
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litigation, the subcontractor shall immediately notify its next tier subcontractor or the Prime Contractor, as the case may be, of all
relevant information with respect to such litigation.
(e) The Prime Contractor shall fax a copy of the notice of litigation to the Contracting Officer and to the Contract Law Division.
Clauses By Reference
- - '!_,:i,t;',77::
, -� ,, � -: �
,52.202-I
a finitions Jan 2012)
52.203-3
kiratuitics (Apr 1984)
52.203-5
Covenant Against Contingent Fees (Apr 1984)
52.203-7
r-
Anti-Kickback Procedures (Oct 2010)
52.203-8
Cancellation, Rescission. and Recovery of Funds for Illegal or Improper Activity Jan 997)
/52.203-10
Price Or Fee Adjustment For Illegal Or Improper Activity (Jan 1997
12.203-12
�Limitation On Payments To Influence Certain Federal Transactions (Oct 2010)
52.204-4
Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)
62.209-4
Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or
Piripused for Debarment (Dec 2010)
52.215-17
Waiver of Facilities Capital Cost of Money (Oct 1997)
52.215-18
aReversion
or Adjustment of Plans for Postretirement Benefits (MB) Other than Pensions (July 2005)
52.216-11
Cost Contract-No Fee (Apr 1984)
52.222-3
Convict Labor (June 2003)
52.222-21
Prohibition of' Segregated Facilities (Feb 1999)
52..222-26
'�Equa/
Opportunity (Mar 2007)
.A2.222-35
Equal Opportunity for Veterans (Sep 2010)
52.222-36
Affirmative Action for Workers with Disabilities (Oct 2010)
52.222-37
F..mployment Reports Veterans (Sep 2010)
62.222-44
Fair Labor Standards and Service Contract Act - Price Adjustment (Sep 2039
52.222-50
,Combating Trafficking in Persons (Feb 2009)
52.223-6
Drug Free Workplace (Ma) 2001)
'32.223-18
Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011)
52.225-13
R.estricdovs on Certain Foreign Purchases (June 2008)
(52.227-1
'32227-2
Authorization and Consent (Dec 2007)
!Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007)
52.227-14 Alt IV
Rights in Data-General (Dec 2007) - Alternate IV (Dec 2007)
52.229-3
Federal, State and Local Taxes (Apr 2003)
12.230-5
ost Accounting Standards - Educational Institutions (May 2012)
52.230-6
Administration of Cost Accounting Standards (June 2010)
12.232-23
Assignment Of Claims (Jan 1986)
..'52.232-25'Prompt
Payment (Oct 2008)
52.233-1
Disputes (July 2002)
2.233 3
Protest after Award (Aug 1996)
�52.242-1
Notice of Intent to Disallow Costs (Apr 1984)
52.242-13
Bankruptcy (July 1995)
52,243.2
Changes-Cost Reimbursement (Aug 1987)
52.246-23
imitation of Liability (Feb 1997)
52.249-5
4Excusable
Termination
For Convenience Of The Government (Educational And Other Nonprofit Institutions) (Sept
1996)
52.249-14
Delays (Apr 1984)
Section J - List of Attachments
UNCLASSIFIED
Approved for Release: 2019/06/25 C06547180
Approved for Release: 2019/06/25 C06547180
somaratuaroaur IG14
Co tor Name: UNIVERSITY OF MARYLAND Page 19 of 19
Co ct Num r:2013-1 7
tion Num
IIdea fier
J-1 List of Attachments
I Me
Date
NumiNK of
Pogo.
1-1 Fabrication and Multi-Physical Characterization of Carbon-To-Metal Connections for a Cell/Battery Statement of
Work, dated 23 January 2013
Approved for Release: 2019/06/25 C06547180
Approved for Release: 2019/06/25 C06547180
for carbon-to-me corm In ttery systems
uction:
The need to find alternatives to conventional metal contacts for battery systems has been
a unique challenge. � the connection of non-metallic to metallic systems
introduces material incoabilities exacerbate - omeca e'cal fatigue and
electrical stress, as well as environmental effects, such as ESD and corrosion. The need to
tmders a. the mecacs multi-physic .= . requires a new
experimentally-driven effort coupled with new s. ti-scale co.,. rational a aches to
understand the interrelationships between structure-. -perfo ii a (including
reliability).
km S
An important c tic for the carbon-to-metal connections is to maintain flexibility,
integrity over time, and electri a. contact resistances.
Therefore, the p
1. Structure (me)
h objectives this effort are as follows:
a. Adv .-. carbon concepts for electrodes (e.g., Braided CNT Yarns)
b. Pul a a -. carbon fiber
c. Flexible polymers with carbon nano-fillers
d. ne ribbons
(me)
a. A ve jo
b. Metal infusion with porous carbons (1 melting using laser welding,
solid-state diffusion using �sonic bo
3. Perfo (Abhijit)
a. Model resistor s for themoelectromechanical characterization
b. Chemical environmental testing of . 1 resistor structures
electrochemical for de on characterization
e to
1. Literature Survey
2. S (me)
3. (me)
4. Performance (Abhijit)
verables and Mil
�
I. A candidate carbon electrode material
2. A candidate joining process
ye these objectives:
Approved for Release: 2019/06/25 C06547180