DoD Seal

OFFICE OF THE SECRETARY OF DEFENSE


3000 DEFENSE PENTAGON
WASHINGTON, DC 20301-1000

April 4, 1997
DoD 50 Year Seal

 
ACQUISITION AND
 TECHNOLOGY

     DP(DAR)

                                                     In reply refer to
                                                     DFARS Case: 96-D028
                                                     D. L. 97-012



     MEMORANDUM FOR DIRECTORS OF DEFENSE AGENCIES
                    DEPUTY FOR ACQUISITION AND BUSINESS MANAGEMENT,
                      ASN(RD&A)/ABM
                    DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE
                      (CONTRACTING), SAF/AQC
                    DIRECTOR, PROCUREMENT POLICY, ASA(RD&A)/SARD-PP
                    DEPUTY DIRECTOR (ACQUISITION), DEFENSE LOGISTICS
                      AGENCY



     SUBJECT:   Streamlined Research and Development Clause Lists


          We have amended the Defense Federal Acquisition Regulation 
     Supplement (DFARS) to authorize continued use of streamlined 
     research and development contracting procedures at selected 
     contracting activities.
     
     
          In Departmental Letter 94-017, I authorized a test of 
     streamlined research and development solicitation and contracting 
     procedures at selected contracting activities.  This final rule 
     updates the streamlined solicitation and contract format to permit 
     continued use of the test procedures at the contracting activities 
     that participated in the test.
     
         The attached final DFARS rule is effective immediately and will 
     be included in a future Defense Acquisition Circular.





                                              /s/

                                    Eleanor R. Spector
                                    Director, Defense Procurement

     Attachment

     cc: DSMC, Ft. Belvoir


DFARS Case 96-D028
Final Rule
Baseline is DFARS through DAC 91-11 (Clause lists updated through FAC 90-46, DAC 90-11 and Departmental Letter 97-011)


SUBPART 235.70-RESEARCH AND DEVELOPMENT STREAMLINED CONTRACTING PROCEDURES - TEST

235.7000 Scope.
This subpart prescribes streamlined acquisition procedures for use in support of DoD laboratories in acquiring research and development, as defined in 235.001 and FAR 35.001.

235.7001 Definitions.
As used in this subpart-

(a) "Research and development streamlined solicitation (RDSS)" means the solicitation published in the Commerce Business Daily and a supplemental package, if necessary.

([b]) "Supplemental package" is part of the streamlined solicitation, if appropriate. It contains any information that is too voluminous to be included in the solicitation published in the Commerce Business Daily.

235.7002 Applicability.

(a) [The following c]ontracting offices have been approved by the Director of Defense Procurement for participation in the test [and] may use the procedures of this subpart [pending implementation of permanent procedures] --

(1) Army: Army Materiel Command contracting offices when contracting for Army Research Laboratory, Missile Research & Development Center, and the Medical Research & Development Command; Army Corps of Engineers contracting offices when contracting for the Waterways Experiment Station; Army Soldier Systems Command contracting office.

(2) Navy: Naval Research Laboratory contracting office; Naval Surface Warfare Center contracting offices when contracting for the Carderock, Crane, Dahlgren, Indian Head and Port Hueneme divisions; Naval Undersea Warfare Center contracting office; Naval Command, Control and Ocean Surveillance Center contracting office.

(3) Air Force: Air Force Materiel Command contracting offices when contracting for Armstrong Laboratory, Phillips Laboratory, Rome Laboratory, Wright Laboratory.

(4) Defense Agencies: Armed Forces Radiobiology Research Institute contracting office, Defense Special Weapons Agency contracting office.

(b) Consider using the procedures in this subpart when the acquisition will result in a cost-reimbursement type contract that is valued at $10,000,000 or less and meets the criteria for research and development as defined in 235.001 and FAR 35.001. [The procedures in this subpart shall not be used for-

(1) Contracts to be performed outside of the United States and Puerto Rico;

(2) Contracts denominated in other than U.S. dollars; or

(3) Acquisitions using simplified acquisition procedures.]

(c) Do not use the procedures of this subpart to contract for "engineering development," "operational system development," or "management and support" as defined in 235.001; or for laboratory supplies and equipment, base support services, or other services identified in FAR 37.101 (a) through (h).

(d) Regardless of whether or not the RDSS is used, the contracting officer may use the [research and development streamlined contracting] format at 235.7006 for any acquisition that meets the criteria in 235.7002(b).

235.7003 [Reserved]

235.7004 The research and development streamlined solicitation (RDSS).

235.7004-1 General.
The RDSS process consists of:

(a) Synopsis.
The synopsis required by FAR 5.203(a), in addition to providing the information set forth at FAR 5.207, must advise potential offerors that a conventional solicitation will not be issued but that the solicitation will appear in a subsequent edition of the Commerce Business Daily (CBD). The synopsis must also advise potential offerors to provide address information to the office indicated in order to be included on the mailing list for any supplemental packages and/or amendments.

(b) Solicitation.
The solicitation is published in a second CBD notice. The solicitation consists of the information listed at 235.7006(d)(A.1), including the statement of work, and incorporates by reference the appropriate terms and conditions in the format at 235.7006. FAR 5.207 limits submissions to the CBD to 12,000 textual characters (approximately 3 1/2 single-spaced pages).

(c) Supplemental package.
Use a supplemental package if the solicitation must exceed 3 1/2 single-spaced pages, or to provide forms or other printed material to potential offerors. Send the supplemental package on the date the solicitation is published in the CBD to all interested parties that provide address information.

(d) Amendments.
Amend the RDSS as set forth at 235.7004-2(f).

235.7004-2 Solicitation procedures.

(a) Publish the synopsis as soon as the information required by FAR 5.207 is available.

(b) Publish the solicitation no earlier than 15 days after publication of the synopsis and include, as a minimum, the information required by 235.7006(d)(A.1) and a reference to the synopsis.

(c) Send any supplemental package on the date the solicitation is published in the Commerce Business Daily, to all interested parties that provided address information.

(d) In accordance with FAR 5.203(b), establish a due date for submission of offers that is no earlier than 45 days after publication of the synopsis.

(e) Request cost and technical proposals from all offerors. To encourage preparation of better cost proposals, consider allowing a delay between the due dates for technical and cost proposals.

(f) Amend the solicitation, if necessary, by forwarding an SF 30, Amendment of Solicitation/Modification of Contract, to all interested parties that provided address information in response to the synopsis.

(g) Post copies of all Commerce Business Daily notices in accordance with FAR 5.101(a)(2).

235.7004-3 Proposal evaluation and contract award procedures.

(a) Evaluate proposals in accordance with FAR Subpart 15.6, as supplemented by departmental procedures and this subpart.

(b) Select the proposal which offers the greatest value in terms of the evaluation factors set forth in the RDSS.

(c) Before award, require the apparent successful offeror to submit the representations and certifications set forth in 235.7006(d), Section K, Representations, Certifications and Other Statements of Offerors or Quoters.

(d) Whenever appropriate, award without discussion pursuant to FAR 52.215-16, Alternate II.

235.7005 The research and development [streamlined] contract (RDSC).
The RDSC is the [streamlined] contract that results from the use of the RDSS or other solicitation procedures that meet the criteria for use of the RDSS. Include the following in RDSCs:

(a) Standard Form (SF) 33, Solicitation, Offer and Award, or SF 26, Award/Contract; and

(b) Sections B through J of the RDSS or other solicitation, with applicable fill-ins completed and clause dates added.

235.7006 The research and development streamlined contracting format.

(a) The clauses and provisions prescribed in the exhibit to paragraph (d) of this section are mandatory unless they are marked with an asterisk. Terms, clauses and provisions marked with an asterisk are for use as appropriate as prescribed elsewhere in FAR and DFARS. List [in the solicitation published in the Commerce Business Daily (see paragraph (d)(A.1)(v) of this section)] the numbers of any asterisked terms, clauses and provisions that apply to the acquisition[, and the text of any special provisions, instructions, or notices that are approved for use] in the solicitation.

(b) At the time of contract award to educational or nonprofit institutions, delete those clauses and provisions that do not apply to such institutions, and, as necessary, replace with the appropriate alternatives. For example, FAR 52.203-10 will be included in all solicitations, but deleted in awards to educational institutions.

(c) [T]he use of FAR and DFARS provisions and , and nonstandard provisions and clauses approved for agency use, that are not in the research and development streamlined contract format [provided by the Exhibit in this section, shall be approved in accordance with agency procedures].

(d) [The r]esearch and development streamlined contract format is set forth in the following exhibit:


Exhibit-Research and Development Streamlined Contract Format

Part I-The Schedule.

Section A, Solicitation/Contract Form.

(A.1) Research and development streamlined solicitation (RDSS). Include the following in the RDSS:

(i) Solicitation number;

(ii) A statement that award will be made in accordance with DFARS Subpart 235.70, Research and Development Streamlined Contracting Procedures;

(iii) A statement as to whether the RDSS includes a supplemental package;

(iv) Instructions for obtaining any supplemental package, including use of Electronic Bulletin Boards, as appropriate;

(v) A statement that all of the mandatory terms, clauses, and provisions, and certain asterisked terms, clauses, and provisions in DFARS 235.7006 are incorporated by reference. This statement must list the asterisked terms, clauses and provisions that apply. (For example: "All of the mandatory terms, clauses and provisions at DFARS 235.7006, Research and development streamlined contract format, and the following items [listed therein for use as applicable] are incorporated by reference: B.4, B.5, C.1, E.3, I.80[.]") [Additions to and deletions from the clauses and provisions listed in the standard format, and data required to be inserted in blanks in clauses or solicitation provisions, when known at the time the solicitation is published, must be clearly annotated in the RDSS];

(vi) A statement that the clauses and provisions are those in effect through FAC ___[,] DAC ___[, and Departmental Letter No. _____];

(vii) A statement that the standard evaluation factors at Section M of this subpart apply, or, if they do not apply, the applicable evaluation factors. If the standard evaluation factors are modified in any way, the modifications must be clearly expressed so that the result is unambiguous. Additions to and deletions from Section M must be clearly annotated in the RDSS;

(viii) Identification of data requirements by including either:

(A) A summary of the data requirements that identifies all deliverable data items, and specifies number of copies and frequency of delivery; or

(B) A notice that DD Form 1423, Contract Data Requirements List, is included in the supplemental package;

(ix) Type of cost contract contemplated;

(x) Estimated period of performance;

(xi) Notice of preproposal conference, if applicable, with location, date, and time;

(xii) Notice of small business or other set-aside, if applicable;

(xiii) Notice of place, date, and time technical and cost proposals are due;

(xiv) Number of copies of technical and cost proposals required;

(xv) Proposal page limitations;

(xvi) Whether multiple awards are contemplated;

(xvii) Name, address, and telephone number of contracting officer;

(xviii) Any applicable Commerce Business Daily numbered notes;

(xix) Statement that a DD Form 254, Contract Security Classification Specification, will be included in the supplemental package, if appropriate;

(xx) The statement of work, or a statement that the statement of work is in the supplemental package[; and

(xxi) The applicable Standard Industrial Classification (SIC) code and small business size standard].

(A.2) Research and development [streamlined] contract (RDSC). Use either Standard Form (SF) 33, Solicitation, Offer and Award, or SF 26, Award/Contract.

Section B, Supplies or Services and Prices/Costs.

(Use appropriate CLIN structure. Include item descriptions.)

(B.1) Type of Contract.
This is a ______________________contract.

*(B.2) Estimated Cost. (Use when no fee will be paid)
The total estimated cost for this contract is $_______________.

*(B.3) Cost-Plus-Fixed-Fee. (Applicable to fee-bearing contracts)
The total estimated cost for this contract is $_______________.
The total fixed fee for this contract is $_______________.

*(B.4) Award Fee. (Applicable to award fee-type contracts)
In addition to the fee set forth elsewhere in the contract, the Contractor may earn an award fee up to $______ on the basis of performance during the performance periods, and in the amount specified in the award fee plan.

(i) Monitoring of performance. The contractor's performance will be monitored continually by the Award Fee Review Board.

(ii) Award fee plan. This plan provides necessary administrative information, including the evaluation criteria and schedule, for the purpose of implementing the award fee provision. Upon contract award, the Contractor will be provided the award fee plan subject to any withholdings authorized by the ___________ (insert appropriate contracting official).

(iii) Modification of award fee plan. Before the start of an evaluation period the Government may unilaterally[--]

(A) Modify the award fee performance evaluation criteria and areas applicable to the evaluation period; and

(B) Redistribute the remaining award fee dollars among the remaining periods. The Contracting Officer will notify the Contractor in writing of the changes and modify the award fee plan accordingly.

(iv) The following standards of performance shall be used in determining whether and to what extent the Contractor has earned or may be entitled to receive any award fee:

(A) Excellent performance: Contractor performance of virtually all contract task requirements is uniformly well above standard and exceeds the standard by a substantial margin in numerous significant tangible or intangible benefits to the Government (i.e., improved quality, responsiveness, increased timeliness, or generally enhanced effectiveness of operations). There are few areas for improvement; these areas are all minor; there are no recurring problems; and management has initiated effective corrective action whenever needed.

(B) Very good performance: The contractor's performance of most contract task requirements is uniformly well above standard and exceeds the standard in many significant areas. Although some areas may require improvements, these are minor and are more than offset by better performance in other areas. Few, if any, recurring deficiencies have been noted in the Contractor's performance and the contractor has demonstrated/ taken satisfactory corrective action. Innovative management actions have resulted in tangible or intangible benefits to the Government (i.e., improved quality, responsiveness, increased quantity, increased timeliness, or generally enhanced effectiveness of operations).

(C) Good performance: Contractor's performance of most contract task requirements meets the standard, and it exceeds the standard in several significant areas. While the remainder of the contractor's effort generally meets contract requirements, areas requiring improvement are more than offset by better performance in other areas. Management actions taken or initiated have resulted in some demonstrated benefits to the Government (i.e., improved quality, responsiveness, timeliness, or effectiveness of operations).

(D) Marginal performance: Contractor performance meets most contract standards. Although there are areas of good or better performance, these are more or less offset by lower rated performance in other areas. Little additional tangible benefit is observable due to contractor effort or initiative.

(E) Submarginal performance: Contractor performance is below standard in several areas. Contractor performance in accordance with requirements is inconsistent. Quality, responsiveness, timeliness, and/or economy in many areas require attention and action. Corrective actions have not been taken, or are ineffective. Overall submarginal performance shall not be given award fee.

(v) Maximum payable award fee. The maximum payable award fee in any evaluation period shall be determined based on the amount set forth in the applicable contract line items and a percentage based on the Government's evaluation [of] the Contractor's performance as follows:

PerformancePercent of Maximum
Award Fee Payable
Excellent__% to __%
Very Good__% to __%
Good__% to __%
Marginal__% to __%
Submarginal 0%

(vi) Self-evaluation. The Contractor may submit to the Contracting Officer within five working days after the end of each award fee evaluation period, a brief written self-evaluation of its performance for the period. This statement may contain information which may be used to assist the Award Fee Review Board in its evaluation of the Contractor's performance during the period.

(vii) Disputes. The decision of the Fee Determining Official on the amount of award fee will not be subject to the "Disputes" clause.

(viii) Award fee payment.

(A) As determined by the Fee Determining Official, payment of any award fee will not be subject to the "Allowable Cost and Payment" and "Termination (Cost Reimbursement)" clauses of this contract.

(B) The Contractor may submit vouchers for the award fee immediately upon receipt of the Contracting Officer's written award fee notification.

*(B.5) Target Cost and Fee. (Applicable to incentive fee-type contracts. [The following information shall be inserted into the appropriate blanks in clause I.54.])
The target cost is $__________.
The target fee is $___________.
The minimum fee the contractor may receive is $____________.
The maximum fee the contractor may receive is $____________.
Share ratio: _____________________

(Government/Contractor)

*(B.6) Payment of Fixed Fee on Cost-Plus-Fixed-Fee (Completion) Contracts. The fixed fee shall be paid in monthly installments based upon the percentage of completion of work as determined by the Administrative Contracting Officer, subject to the withholding provisions of the contract.

*(B.7) Payment of Fixed Fee on Cost-Plus-Fixed-Fee (Term) Contracts. (Applicable to cost-plus-fixed-fee (term) contracts when the clause at FAR 52.216-8 is used.) Pursuant to the clause at FAR 52.216-8, Fixed Fee, and subject to withholding provisions contained in that clause or elsewhere in this contract, fixed fee shall be paid to the Contractor based upon the percentage of hours completed as related to the total hours set forth in the contract on each voucher. The Contractor shall certify to the level of effort expended during that period. The Government technical representative shall sign a statement on the certificate that the work performed during the period has been performed satisfactorily.

*(B.8) Options. (Applicable to contracts with options) The Government may require performance of the work required by CLIN _____. The Contracting Officer shall provide written notice of intent to exercise this option to the Contractor on or before ___________. If the Government exercises this option by _______, the Contractor shall perform at the estimated cost and fee, if applicable, set forth [as follows:]

 
Estimated Cost $  
OR  
Estimated Cost $__________  
Fixed Fee   $__________
Total   $__________
OR  
Estimated Cost $_________  
Base Fee   $__________
Maximum Award Fee   $___________
Total   $__________
OR    
Target Cost   $__________
Minimum Fee   $__________
Target Fee   $__________
Maximum Fee   $__________
Share Ratio   $__________

Section C, Description/Specifications/Work Statements.

*(C.1) Classified Work Statement. (Applicable if Section C is classified.) The description/specifications/work statement entitled, "_____________," classified ___________, dated _________, is incorporated herein by reference. A copy may be obtained from the Contracting Officer, if a need-to-know is established and appropriate security clearance has been granted.

*(C.2) Unclassified Work Statement. (Applicable if Section C is unclassified and is attached to the contract.) The description/ specifications/work statement is included as Attachment ________.

*(C.3) Contractor's Technical Proposal. (Applicable if portions of the Contractor's proposal are incorporated by reference. Include only those portions of the proposal that specifically describe the work to be performed.) The Contractor's proposal entitled, "_____________," pages ________, dated _________, is incorporated herein by reference.

Section D, Packing and Marking.

(D.1) Commercial Packaging.
Preservation, packaging, and packing shall provide adequate protection against physical damage during shipment for all deliverable items in accordance with standard commercial practices.

Section E, Inspection and Acceptance.

(1) Federal Acquisition Regulation clauses.

*(E.1) 52.246-8 Inspection of Research and
Development - Cost Reimbursement
*(E.2) 52.246-8 Inspection of Research and
Development - Cost Reimbursement
(Alternate I)
*(E.3) 52.246-9 Inspection of Research and
Development (Short Form)

(2) Defense Federal Acquisition Regulation Supplement clauses.

*(E.4) 252.246-7000 Material Inspection and Receiving
Report

(3) Other provisions.

(E.5) Inspection and Acceptance.
Inspection and acceptance of any and all deliverables under this contract will be accomplished by the contracting officer or a designated representative.

Section F, Deliveries or Performance.

*(F.1) FAR [52.242-15] Stop Work Order-Alternate I.

(F.2) Delivery of Reports.

(i) All data shall be delivered in accordance with the delivery schedule shown on the Contract Data Requirements List, attachments, or as incorporated by reference.

(ii) All reports and correspondence submitted under this contract shall include the contract number and project number and be forwarded prepaid. A copy of the letters of transmittal shall be delivered to the Procuring Contracting Officer (PCO) and the Administrative Contracting Officer (ACO). The addresses are set forth on the contract award cover page. All other address(es) and code(s) for consignee(s) are as set forth in the contract or incorporated by reference.

*(F.3) FAR 52.247-55 F.O.B. Point for Delivery of Government-Furnished Property

[*(F.4.) The work under this contract shall commence on ____________ and be completed no later than ____________.]

Section G, Contract Administration Data.

*(G.1) Contractor Payment Address. (To be filled in at time of contract award. Applicable if the Contractor has specified a payment address other than the address shown on the cover page of the contract.)

Contractor Payment Address:

____________________
____________________
____________________

*(G.2) Incremental Funding. (Applicable to incrementally funded contracts.) This contract is incrementally funded pursuant to the Limitation of Funds clause, FAR 52.232-22. Funds are hereby obligated in the amount of $_________ and it is estimated that they are sufficient for contract performance through ___________.

*(G.3) [Incremental Funding. (Applicable to incrementally funded contracts.) This contract is incrementally funded pursuant to the Limitation of Funds clause, FAR 52.232-22. Funds are hereby obligated in the amount of $_________ and it is estimated that they are sufficient for contract performance through ___________. Additional incremental funding planned, but not obligated, is:

(Insert funding schedule.)

*(G.4.)] Request for Equal Opportunity Preaward Clearance of Subcontracts. (Applicable to subcontracts over $1 million.) To provide the Contracting Officer with adequate time to process the Contractor's request for preaward clearance of subcontracts as required by FAR 52.222-28, the prime contractor shall request preaward clearance through the Contracting Officer at least 30 calendar days before the proposed award date, unless the cognizant Department of Labor Compliance Office agrees to a shorter time.

*(G.[5]) Contracting Officer's Representative. (To be filled in at time of contract award.)

The Contracting Officer's representative for this contract is:

__________________________
__________________________
__________________________

[*(G.6.) Invoice Instructions.

(Insert invoice instructions.)

(G.7.) Accounting and Appropriation Data

(Insert accounting and appropriation data.)]

Section H, Special Contract Requirements.

(H.1) Incorporation of Section K by Reference. Pursuant to Federal Acquisition Regulation (FAR) 15.406-1(b), Section K of the solicitation is hereby incorporated by reference.

*(H.2) Rent-Free Use of Government Property. The Contractor may use on a rent-free, noninterference basis, as necessary for the performance of this contract, the Government property accountable under contract(s) _______. The Contractor is responsible for scheduling the use of all property covered by the above referenced contract(s) and the Government shall not be responsible for conflicts, delays, or disruptions to any work performed by the Contractor due to use of any or all such property under this contract or any other contracts under which use of such property is authorized.

*(H.3) Government-Furnished Property. The Government will furnish to the Contractor for use in the performance of the contract on a rent-free basis the Government-owned property listed in an attachment to this contract, subject to the provisions of the Government Property Clause of the Contract Clauses.

(H.4) Scientific/Technical Information. If not already registered, the Contractor is encouraged to register for Defense Technical Information Center (DTIC) service by contacting the following:

Defense Technical Information Center
Attn: Registration Section (DTIC-BCS)
8725 John J. Kingman Road, Suite 0944
Fort Belvoir, VA 22060-0944
(703) 767-8273 or 1-800-CAL-DTIC (225-3842), menu selection 2.

To avoid duplication of effort and conserve scientific and technical resources, the Contractor is encouraged to search existing sources in DTIC to determine the current state of the art concepts, studies, etc.

(H.5) [Reserved.]

*(H.6) (Insert nonstandard clause[(s)] approved in accordance with [agency procedures], if applicable.)

Part II-Contract Clauses.

Section I, Contract Clauses.

(I.1) 52.252-2 Clauses Incorporated by Reference
(I.2) 52.202-1 Definitions
(I.3) Reserved  
(I.4) 52.203-3 Gratuities
(I.5) 52.203-5 Covenant Against Contingent Fees
(I.6) 52.203-7 Anti-Kickback Procedures
(I.7) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity
(I.8) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
(I.9) Reserved  
(I.10) Reserved  
(I.11) Reserved  
(I.12) 52.215-26 Integrity of Unit Prices
(I.13) 52.215-33 Order of Precedence
(I.14) 52.216-7 Allowable Cost and Payment (Modified in accordance with 16.307 as applicable.)
(I.15) Reserved  
(I.16) Reserved  
(I.17) Reserved  
(I.18) Reserved  
(I.19) 52.222-3 Convict Labor
(I.20) 52.222-26 Equal Opportunity
(I.21) 52.222-35 Affirmative Action for Special Disabled and Vietnam Era Veterans
(I.22) 52.222-36 Affirmative Action for Handicapped Workers
(I.23) 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era
(I.24) 52.223-6 Drug-Free Workplace
(I.25) 52.225-11 Restrictions on Certain Foreign Purchases
(I.26) 52.227-1 Authorization and Consent- Alternate I
(I.27) 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement
(I.28) 52.228-7 Insurance--Liability to Third Persons
(I.29) 52.232-9 Limitation on Withholding of Payments
(I.30) 52.232-23 Assignment of Claims
(I.31) 52.232-25 Prompt Payment
(I.32) [Reserved]  
(I.33) 52.233-1 Disputes
(I.34) 52.233-3 Protest After Award-Alternate I
(I.35) 52.242-1 Notice of Intent to Disallow Costs
(I.36) 52.242-13 Bankruptcy
(I.37) 52.244-2 Subcontracts (Cost-Reimbursement and Letter Contracts) Alternate I
(I.38) 52.244-5 Competition in Subcontracting
(I.39) 52.247-1 Commercial Bill of Lading Notations
(I.40) 52.249-14 Excusable Delays
(I.41) 52.253-1 Computer-Generated Forms
(I.42) [Reserved]  
(I.43) [Reserved]  
*(I.44) 52.204-2 Security Requirements
*(I.45) 52.204-2 Security Requirements-Alternate I (For educational institutions.)
*(I.46) 52.215-22 Price Reduction for Defective Cost or Pricing Data
*(I.47) 52.215-23 Price Reduction for Defective Cost or Pricing Data-Modifications
*(I.48) 52.215-24 Subcontractor Cost or Pricing Data
*(I.49) 52.215-25 Subcontractor Cost or Pricing Data-Modifications
*(I.50) 52.215-27 Termination of Defined Benefit Pension Plans (Except educational institutions.)
*(I.51) 52.215-31 Waiver of Facilities Capital Cost of Money (Except educational institutions.)
*(I.52) 52.215-39 Reversion or Adjustment of Plans for Postretirement Benefits Other than Pension (PRB)
*(I.53) 52.216-8 Fixed Fee
*(I.54) 52.216-10 Incentive Fee
*(I.55) 52.216-11 Cost Contract--No Fee
*(I.56) 52.216-11 Cost Contract-No Fee--Alternate I
*(I.57) 52.216-12 Cost-Sharing Contract-No Fee
*(I.58) 52.216-12 Cost-Sharing Contract-No Fee-Alternate I
*(I.59) 52.216-15 Predetermined Indirect Cost Rates [(for educational institutions only)]
*(I.59A) 252.216-7002 Alternate [A] (for educational institutions only)
*(I.60) 52.219-6 Notice of Total Small Business Set-Aside
*(I.61) 52.219-6 Notice of Total Small Business Set-Aside-Alternate I
[(I.62) Reserved]  
*(I.63) Reserved  
*(I.64) 52.219-14 Limitations on Subcontracting
*(I.65) 52.219-16 Liquidated Damages-Small Business Subcontracting Plan
*(I.66) Reserved  
*(I.67) 52.222-1 Notice to the Government of Labor Disputes
*(I.68) 52.222-2 Payment for Overtime Premiums [(insert applicable information in paragraph (a).)]
*(I.69) 52.222-28 Equal Opportunity Preaward Clearance of Subcontracts
*(I.70) 52.223-2 Clean Air and Water
*(I.71) 52.223-3 Hazardous Material Identification and Material Safety Data
*(I.72) 52.223-7 Notice of Radioactive Materials [(insert in paragraph (a): 21 )]
*(I.73) 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises
*(I.74) 52.227-10 Filing of Patent Applications-Classified Subject Matter
*(I.75) 52.227-11 Patent Rights-Retention by the Contractor (Short Form)
*(I.76) 52.227-12 Patent Rights-Retention by the Contractor (Long Form)
*(I.77) 52.227-13 Patent Rights-Acquisition by the Government
(I.78) [Reserved]  
(I.79) [Reserved]  
*(I.80) 52.229-8 Taxes--Foreign Cost-Reimbursement Contracts
*(I.81) 52.229-10 State of New Mexico Gross Receipts and Compensating Tax [(insert applicable information in paragraph (c).)]
*(I.82) 52.230-2 Cost Accounting Standards (Except if exempted.)
*(I.83) 52.230-3 Disclosure and Consistency of Cost Accounting Practices (Except if exempted.)
*(I.84) 52.230-[6] Administration of Cost Accounting Standards (Except educational institutions.)
*(I.85) 52.232-17 Interest
*(I.86) 52.232-20 Limitation of Cost
*(I.87) 52.232-22 Limitation of Funds
*(I.88) 52.232-23 Assignment of Claims-Alternate I
*(I.89) 52.233-1 Disputes-Alternate I
*(I.90) 52.237-2 Protection of Government Buildings, Equipment and Vegetation
*(I.91) 52.242-10 F.O.B. Origin - Government Bills of Lading or Prepaid Postage
*(I.92) 52.242-11 F.O.B. Origin - Government Bills of Lading or Indicia Mail
*(I.93) 52.242-12 Report of Shipment (REPSHIP)
*(I.94) 52.243-2 Changes--Cost-Reimbursement-Alternate V
*(I.95) 52.243-6 Change Order Accounting
*(I.96) 52.243-7 Notification of Changes (30 Calendar Days)
*(I.97) 52.245-5 Government Property (Cost-Reimbursement, Time-and-Material, or Labor-Hour Contracts)
*(I.98) 52.245-5 Government Property (Cost-Reimbursement, Time-and-Material, or Labor-Hour Contracts[)]-Alternate I (For educational institutions and nonprofit organizations.)
*(I.99) 52.245-19 Government Property Furnished "As Is"
*(I.100) 52.246-23 Limitation of Liability
*(I.101) 52.246-24 Limitation of Liability-High Value Items
*(I.102) 52.246-24 Limitation of Liability-High Value Items-Alternate I
*(I.103) 52.246-25 Limitation of Liability-Services
*(I.104) 52.247-63 Preference for U.S.-Flag Air Carriers
*(I.105) 52.247-66 Returnable Cylinder
*(I.106) 52.249-5 Termination for Convenience of the Government (Educational and Other Nonprofit Institutions)
*(I.107) 52.249-6 Termination (Cost-Reimbursement)
*(I.108) 52.251-1 Government Supply Sources
(I.109) 252.201-7000 Contracting Officer's Representative
(I.110) 252.203-7001 Special Prohibition on Employment
(I.111) Reserved  
(I.112) Reserved  
(I.113) 252.204-7003 Control of Government Personnel Work Product
(I.114) 252.209-7000 Acquisitions from Subcontractors Subject to On-Site Inspection under the Intermediate-Range Nuclear Forces (INF) Treaty
(I.115) 252.225-7012 Preference for Certain Domestic Commodities
(I.116) 252.225-7031 Secondary Arab Boycott of Israel
(I.117) Reserved  
(I.118) Reserved  
(I.119) Reserved  
(I.120) 252.227-7030 Technical Data-Withholding of Payment
(I.121) 252.227-7037 Validation of Restrictive Markings on Technical Data
(I.122) 252.231-7000 Supplemental Cost Principles
(I.123) 252.232-7006 Reduction or Suspension of Contract Payments Upon Finding of Fraud
(I.124) 252.242-7000 Postaward Conference
(I.125) Reserved  
(I.126) 252.247-7023 Transportation of Supplies by Sea
*(I.127) [Reserved]  
*(I.128) 252.203-7002 Display of DoD Hotline Poster
*(I.129) 252.204-7000 Disclosure of Information
*(I.130) 252.204-7002 Payment for Subline Items Not Separately Priced
*(I.131) 252.205-7000 Provision of Information to Cooperative Agreement Holders
*(I.132) 252.215-7000 Pricing Adjustments
*(I.133) 252.215-7002 Cost Estimating System Requirements
*(I.134) 252.219-7001 Notice of Partial Small Business Set-Aside with Preferential Consideration for Small Disadvantaged Business Concerns
[*(I.134A) 252.219-7001 Notice of Partial Small Business Set-Aside with Preferential Consideration for Small Disadvantaged Business Concerns, Alternate I]
*(I.135) 252.219-7002 Notice of Small Disadvantaged Business Set-Aside
[*(I.135A) 252.219-7002 Notice of Small Disadvantaged Business Set-Aside, Alternate I]
*(I.136) 252.219-7003 Small Business and Small Disadvantaged Business Subcontracting Plan (DoD Contracts)
*(I.137) 252.219-7004 Small Business and Small Disadvantaged Business Subcontacting Plan (Test Program)
*(I.138) 252.219-7005 Incentive for Subcontracting with Small Businesses, Small Disadvantaged Businesses, Historically Black Colleges and Universities and Minority Institutions (. . .To be negotiated_____%.)
*(I.139) 252.219-7005 Incentive for Subcontracting with Small Businesses, Small Disadvantaged Businesses, Historically Black Colleges and Universities and Minority Institutions-ALTERNATE I (. . .To be negotiated_____%.)
*(I.140) 252.219-7006 Notice of Evaluation Preference for Small Disadvantaged Business Concerns
*(I.141) 252.223-7001 Hazard Warning Labels
*(I.142) 252.223-7002 Safety Precautions for Ammunitions and Explosives
*(I.143) 252.223-7003 Change in Place of Performance-Ammunition and Explosives
*(I.144) 252.223-7004 Drug-Free Work Force
*(I.145) 252.225-7014 Preference for Domestic Specialty Metals
*(I.146) 252.225-7016 Restriction on Acquisition of [Ball and Roller] Bearings
*(I.147) 252.225-7025 Foreign Source Restrictions
*(I.148) 252.225-7026 Reporting of Contract Performance Outside the United States
*(I.149) 252.225-7032 Waiver of United Kingdom Levies
*(I.150) 252.226-7000 Notice of Historically Black College or University and Minority Institution Set-Aside
*(I.151) 252.227-7026 Deferred Delivery of Technical Data or Computer Software
*(I.152) 252.227-7027 Deferred Ordering of Technical Data or Computer Software
*(I.153) Reserved  
*(I.154) 252.227-7034 Patent--Subcontracts
(I.155) 252.227-7036 [Declaration] of Technical Data Conformity
*(I.156) 252.227-7039 Patents-Reporting of Subject Inventions
*(I.157) Reserved  
*(I.158) 252.232-7000 Advance Payment Pool
(For educational institutions and nonprofit organizations.)
*(I.159) [Reserved]  
*(I.160) 252.235-7002 Animal Welfare
*(I.161) 252.242-7002 Submission of Commercial Freight Bills for Audit
*(I.162) 252.242-7003 Application for U.S. Government Shipping Documentation/Instructions
*(I.163) 252.242-7004 Material Management and Accounting System
*(I.164) 252.245-7001 Reports of Government Property
*(I.165) 252.247-7024 Notification of Transportation of Supplies by Sea
*(I.166) [Reserved]  
*(I.167) 252.251-7000 Ordering From Government Supply Sources
*(I.168) 252.223-7006 Prohibition on Disposal of Toxic and Hazardous Materials
*(I.169) 252.249-7002 Notification of [Anticipated Contract] Termination or Reduction
(I.170) 52.204-4 Printing/Copying Double-Sided on Recycled Paper
*(I.171) 52.208-8 Helium Requirement Forecast and Required Sources for Helium
(I.172) 52.215-2 Audit and Records--Negotiation
*(I.173) 52.215-2 Audit and Records--Negotiation, Alternate II
(I.174) 52.215-40 Notification of Ownership Changes
*(I.175) 52.215-42 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data--Modifications
*(I.176) 52.215-42 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data--Modifications, Alternate II
*(I.177) 52.215-42 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data--Modifications, Alternate III
(I.178) 52.219-8 Utilization of Small, Small Disadvantaged and Women-Owned Small Business Concerns
*(I.179) 52.219-9 Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan
[*(I.179A) 52.219-9 Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan - Alternate II]
*(I.180) 52.242-3 Penalties for Unallowable Costs
(I.181) 52.242-4 Certification of Indirect Costs
(I.182) 52.244-6 Subcontracts for Commercial Items and Commercial Components
*(I.183) 52.247-67 Submission of Commercial Transportation Bills to the General Services Administration for Audit
(I.184) 52.223-14 Toxic Chemical Release Reporting
(I.185) 252.235-7010 Acknowledgement of Support and Disclaimer
(I.186) 252.235-7011 Final Scientific or Technical Report
*(I.187) 252.227-7013 Rights in Technical Data--Noncommercial Items
*(I.188) 252.227-7013 Rights in Technical Data--Noncommercial Items, Alternate I
*(I.189) 252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation
*(I.190) 252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation--Alternate I
*(I.191) 252.227-7015 Technical Data--Commercial Items
(I.192) 252.227-7016 Rights in Bid or Proposal Information
*(I.193) 252.227-7018 Rights in Noncommercial Technical Data and Computer Software--Small Business Innovation Research Program
*(I.194) 252.227-7018 Rights in Noncommercial Technical Data and Computer Software--Small Business Innovation Research Program, Alternate I
*(I.195) 252.227-7019 Validation of Asserted Restrictions--Computer Software
*(I.196) 252.227-7025 Limitations on the Use or Disclosure of Government Furnished Information Marked With Restrictive Legends
*(I.197) 252.209-7005 Military Recruiting on Campus (For Educational Institutions only.)
[ (I.198) 52.203-6 Restrictions on Subcontractor Sales to the Government
(I.199) 52.203-8 Cancellation, Recission, and Recovery of Funds for Illegal or Improper Activity
(I.200) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions
*(I.201) 52.211-15 Defense Priority and Allocation Requirements
*(I.202) 52.215-42 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data-Modifications, Alternate IV
*(I.203) 52.230-5 Cost Accounting Standards-Educational Institution
*(I.204) 52.232-18 Availability of Funds
(I.205) 52.232-33 Mandatory Information for Electronic Funds Transfer Payment
*(I.206) 52.245-18 Special Test Equipment
*(I.207) 52.252-6 Authorized Deviations in Clauses
*(I.208) 252.209-7004 Reporting of Commercial Transactions with the Government of a Terrorist Country
*(I.209) 252.223-7007 Safeguarding Sensitive Conventional Arms, Ammunition and Explosives
*(I.210) 52.223-11 Ozone-Depleting Substances]

Part III-List of Documents, Exhibits, and Other Attachments.

Section J, List of Attachments.

Use attachments and exhibits to inform the contractor of local information such as:

(1) Procedures for laboratory access;

(2) Laboratory hours of operation;

(3) Special procedures related to unique laboratory working environments which are not covered by FAR [or ] DFARS; and

(4) Base support or government property information.

*(J.1) List of Attachments:

*(J.2) List of Exhibits:

Part IV-Representations and Instructions.

Section K, Representations, Certifications and Other Statements of Offerors or Quoters.

The following solicitation provisions require representations, certifications[,] or the submission of other information by offerors. They are mandatory, and are included by reference. Full text copies of these provisions are available from the Contracting Officer and must be completed before contract award.

(K.1) [Reserved]  
(K.2) [Reserved]  
(K.3) 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions
(K.4) 52.204-3 Taxpayer Identification
(K.5) 52.209-5 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters
(K.6) 52.215-6 Type of Business Organization
(K.7) 52.215-11 Authorized Negotiators
(K.8) 52.215-20 Place of Performance
(K.9) [Reserved]  
(K.10) Reserved  
(K.11) Reserved  
(K.12) Reserved  
(K.13) 52.222-21 Certification of Nonsegregated Facilities
(K.14) 52.222-22 Previous Contracts and Compliance Reports
(K.15) 52.222-25 Affirmative Action Compliance
(K.16) 52.223-1 Clean Air and Water Certification
(K.17) [Reserved]  
(K.18) 52.227-6 Royalty Information
(K.19) 52.230-1 Cost Accounting Standards Notices and Certification
(K.20) Reserved  
(K.21) 252.209-7002 Disclosure of Ownership or Control by a Foreign Government
(K.22) 252.219-7000 Small Disadvantaged Business Concern Representation (DoD Contracts)
(K.23) Reserved  
(K.24) Reserved  
(K.25) 252.226-7001 Historically Black College or University and Minority Institution [Status]
(K.26) Reserved  
(K.27) 252.247-7022 Representation of Extent of Transportation by Sea
(K.28) 52.204-5 Women-Owned Business
(K.29) [Reserved]  
(K.30) 52.219-1 Small Business Program Representation
(K.31) 52.223-13 Certification of Toxic Chemical Release Reporting
(K.32) 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country
(K.33) 252.209-7003 Disclosure of Commercial Transactions with the Government of a Terrorist Country
(K.34) 252.209-7004 Reporting of Commercial Transactions with the Government of a Terrorist Country
(K.35) [Reserved]  
(K.36) [Reserved]  
[(K.37) 52.226-2 Historically Black College or University and Minority Institution Representation]

Section L. Instructions, Conditions, and Notices to Offerors or Quoters.

(L.1) 52.252-1 Solicitation Provisions Incorporated by Reference
(L.2) Reserved  
(L.3) 52.21[1]-2 Availability of Specifications and Standards Listed in the DoD Index of Specifications and Standards (DODISS)
(L.4) 52.215-5 Solicitation Definitions
(L.5) 52.215-7 Unnecessarily Elaborate Proposals or Quotations
(L.6) 52.215-8 Amendments to Solicitations
(L.7) 52.215-9 Submission of Offers
(L.8) 52.215-10 Late Submissions, Modifications, and Withdrawals of Proposals
(L.9) 52.215-12 Restriction on Disclosure and Use of Data
(L.10) 52.215-13 Preparation of Offers
(L.11) 52.215-14 Explanation to Prospective Offerors
(L.12) 52.215-15 Failure to Submit Offer
(L.13) 52.215-16 Contract Award
*(L.14) Reserved  
(L.15) 52.216-1 Type of Contract (See 235.7006(d)(B.1))
(L.16) 52.222-24 Preaward On-Site Equal Opportunity Compliance Review
(L.17) [Reserved]  
(L.18) 52.233-2 Service of Protest (See 235.7006(d)(A.1)(xvii))
*(L.19) 52.237-1 Site Visit
(L.20) 52.252-5 Authorized Deviations in Provisions
(L.21) 252.204-7001 Commercial and Government Entity (CAGE) Code Reporting
(L.22) Reserved  
(L.23) 52.215-16 Contract Award--Alternate II
*(L.24) 52.215-41 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data
*(L.25) 52.215-41 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data, Alternate I
*(L.26) 52.215-41 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data, Alternate II
*(L.27) 52.215-41 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data, Alternate III
*(L.28) 52.215-41 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data, Alternate IV
[(L.29) 252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions
(L.30) 252.227-7028 Technical Data or Computer Software Previously Delivered to the Government
*(L.31) 52.215-30 Facilities Capital Cost of Money (Except educational institutions.)
(L.32) 52.204-6 Contractor Identification Number—Data Universal Numbering System (DUNS) Number
*(L.33) 52.211-14 Notice of Priority Rating for National Defense Use]
(L.[34] through L.[99]) Reserved  
[*(L.100) (Insert special instructions, conditions, or notices to offerors, if applicable.)]

(L.101) Government-Furnished Property.
No material, labor, or facilities will be furnished by the Government unless provided for in the solicitation.

(L.102) Proposal Preparation and Submission Instructions.

(i) Page limitation, format.

(A) A proposal shall be prepared in separate volumes with the page limit and number of copies specified [as follows] . The table of contents and tabs are exempt from the page limits. No cross-referencing between volumes for essential information is permitted except where specifically set forth herein. The following volumes of material will be submitted:

Title Copies Maximum Page Limits
Cost As specified in solicitation summary 50*
Technical As specified in solicitation summary 100

*The 50-page cost proposal is a goal not a limit. The Contractor may use additional pages if necessary to comply with public law.

(B) Any technical proposal pages submitted [that] exceed the page limitations set forth [in paragraph (i)(A) of L.102] will not be read or evaluated. Proposal pages failing to meet [the format in] paragraph [(i)(D) of L.102] will not be read or evaluated.

(C) No program cost data or cross-reference to the cost proposal will be included in any other volume.

(D) Format of the proposal volumes shall be as follows:

(1) Proposals will be prepared on 8 1/2 x 11 inch paper except for foldouts used for charts, tables, or diagrams, which may not exceed 11 x 17 inches. Foldouts will not be used for text. Pages will have a one inch margin.

(2) A page is defined as one face of a sheet of paper containing information. Two pages may be printed on one sheet.

(3) Type size will be no smaller than 10 point character height (vertical size) and no more than an average of 12 characters per inch. Use of type-setting techniques to reduce type size below 10 points or to increase characters beyond 12 per inch is not permitted. Such techniques are construed as a deliberate attempt to circumvent the intent of page limitations set forth [in paragraph (i)(A) of L.102].

(4) Proposal must lie flat when open[;] elaborate binding is not desirable.

(5) No models, mockups[,] or video tapes will be accepted.

(6) Technical proposals will be prepared in the same sequence as the statement of work.

(ii) Content.
All proposals must be complete and respond directly to the requirements of the solicitation. The factors and subfactors listed in Section M of the solicitation shall be addressed. Cost and supporting data shall be included only in the cost volume. All other information shall be included in the technical volume.

[(L.103) The Government may make multiple awards resulting from this solicitation.]

Section M, Evaluation Factors for Award.

Use of the standard evaluation factors is preferred. If the standard evaluation factors are modified in any way, the modifications must be clearly expressed so that the result is unambiguous. Additions to and deletions from the contents of this Section M must be clearly annotated in the solicitation summary (see 235.7006(d)(A.1)(vii)).

*(M.1) FAR 52.217-5 Evaluation of Options (Applicable if the solicitation indicates that options are anticipated in the resulting contract. When this provision is included, evaluation criteria for options shall be included in Section M.)

*(M.2) Proposal Evaluation Procedures and Basis for Award. Proposals will be evaluated and award made as follows:

(i) Basis for award.
The award decision will be based on evaluation of all factors and subfactors set forth in this solicitation. The Government may select the source whose proposal offers the greatest value to the Government in terms of technical, cost or price, and other factors set forth in the solicitation. The source selected may or may not have the lowest proposed total costs.

(ii) Evaluation factors.
Proposals will be evaluated in accordance with the following factors. The technical factor is more important than the cost factor. The technical subfactors are in descending order of importance unless otherwise stated in the solicitation. The cost subfactors are of equal weight.

(A) Technical.

(1) Technical approach. The soundness of the offeror's technical approach, including the offeror's demonstrated understanding of the technical requirement.

(2) Qualification. The experience and qualifications of the proposed personnel relevant to the proposed task. The quantity and quality of the offeror's corporate experience relevant to the proposed task.

(3) Management. The degree to which the offeror demonstrates the ability to effectively and efficiently manage and administer the program to a successful conclusion.

(4) Facilities. The degree to which the proposed facilities enable accomplishment of the proposed effort.

(B) Cost.

(1) Reasonableness. Proposed estimated cost and fee (if any).

(2) Completeness. The adequacy of the identification, estimation and support of all relevant costs.

(3) Realism. The consistency of the cost proposal with the technical effort proposed, the organizational structure, method of operations and cost accounting practices.

[*(M.3) 52.215-34 Evaluation of Offers for Multiple Awards]