Attached files
| file | filename |
|---|---|
| 8-K - ALTAIR NANOTECHNOLOGIES INC. - ALTAIR NANOTECHNOLOGIES INC | altair_8k-090309.htm |
Exhibit 10.1
W911NF-09-C-0135
Page 2 of
16
Section B
- Supplies or Services and Prices
|
ITEM
NO
0001
|
SUPPLIES/SERVICES |
UNIT
Dollars,
U.S.
|
AMOUNT
$1,749,965.00
|
CONTRACT
AWARD (COST)
"Developing
Sensitive and Selective Nanosensors: A Single Molecule - Multiple Excitation
Source Approach"
FOB:
Destination
PURCHASE
REQUEST NUMBER: 55328CH09192
|
ACRN
AA
CIN:
55328CH091920001
|
ESTIMATED
COST
|
$1,749,965.00
$1,749,965.00
|
These
funds are made available from Fiscal Year 2008 Defense Basic Research
Appropriations and are subject to the reimbursement
limit of indirect costs set forth in Section 8115 of the Department of Defense
Appropriations Act, 2008 (P.L.
110-116).
|
B.1
|
The
type of contract is Cost
Reimbursement.
|
|
B.2
|
This
contract is fully funded pursuant to the Limitation of Cost clause, FAR
52.232-20.
|
W911NF-09-C-0135
Page 3 of
16
Section C
- Descriptions and Specifications
|
C.1
|
The
Contractor shall furnish all necessary personnel, materials, facilities,
and other services as may be
required to perform CLIN 0001 in accordance with details in the
Contractor's proposal and modifications thereto, if any, described below.
The below titled proposal is incorporated herein by reference and is on
file at the U.S. Army Research Office
(ARO).
|
Proposal
Title: "Developing Sensitive and Selective Nanosensors: A Single Molecule —
Multiple Excitation Source Approach"
ARO
Proposal No.: 55328-CH
Proposal/Modification
Date(s): 24 November 2008
31 August
2009, Revised Cost Proposal
Principal
Investigator: Dr. Bruce Sabacky, Phone 775-858-3766
E-mail
bsabacky@altaimano.com
|
C.2
|
In
the event of an inconsistency between the provisions of this contract and
the Contractor's proposal,
the inconsistency shall be resolved by giving precedence in the following
order: (1) the contract; (2) other attachments to the contract; and (3)
the technical proposal.
|
W911
NF-09-C-0135
Page 4 of
16
Section D
- Packaging and Marking
|
D.1
|
Deliverables
shall be afforded the degree of packaging (preservation and packing)
required to prevent
damages due to the hazards of shipment and
handling.
|
W911NF-09-C-0135
Page.5
of 16
Section E
- Inspection and Acceptance
|
E.1
|
The
ARO Contracting Officer's Representative identified in Section G shall
inspect and accept all deliverables
under this contract.
|
W911NF-09-C-0135
Page 6 of
16
Section F
- Deliveries or Performance
|
F.1
|
Research
called for by this contract (CLIN 0001) shall be performed during the
period 3
September 2009 — 2 September 2010.
|
|
F.2
|
Reporting
Requirements
|
The
Contractor shall comply with the requirements of ARO Form 18, Army Research
Office Reporting Instructions, located at www.aro.army.mil/forms/forms2.htm.
ARO Form 18 provides specific submission instructions and due dates for reports
required under this contract including annual Interim Progress and Final
Progress Reports. The Forecast Expenditure Report is not required for this
contract. On-line submission is required for the Interim and Final Progress
Reports and encouraged for the other reports. Submissions require Adobe PDF
forms. The electronic forms SF298 and SF298 Continuation Sheet may be downloaded
from the ARO home page at www.aro.army.mil/forms/forms2.httn. The Contractor
shall submit a copy of each report cover page or transmittal sheet to the
Defense Contract Management Agency (DCMA) identified in Section
G.1.
|
F.3
|
The
Contractor shall submit DD Form 882, Report of Inventions and
Subcontracts, within three months
after completion of the contracted work, pursuant to DFARS clause
252.227-7039, Patents—Reporting of Subject
Inventions.
|
W911NF-09-C-0135
Page 7 of
16
Section G
- Contract Administration Data
ACCOUNTING
AND APPROPRIATION DATA
AA:
978040026201000B61D253999BD27139000S49012
AMOUNT:
$1,749,965.00
CIN
55328CH091920001 $1,749,965.00
|
G.1
|
Delegation
of Administration Functions: Contract administration functions are hereby
delegated to the
Defense Contract Management Agency (DCMA) specified below and in block 6
of the Standard Form (SF) 26:
|
Defense
Contracts Management Agency
DCMA
Northern California (S0507A)
P.O. Box
232
700 East
Roth Road, Bldg. 330 (Lathrop, CA)
French
Camp, CA 95231-0232
Phone:
(209) 941-7002
FAX:
(209) 941-7091
Email:
dcmanocaliforniacasd@dcma.mill
|
G.2
|
Audit
Functions: Audit functions will be conducted by the Defense Contract Audit
Agency (DCAA)
specified below:
|
Defense
Contract Audit Agency
Sierra
Branch Office (HAA054)
391 S.
Lexington Drive, Suite 150
Folsom,
CA 95630-6898
Phone:
(916) 983-2851
FAX:
(916) 984-7411
Email:
dcaa-fao4371@dcaa.mil
|
G.3
|
Vouchers
for payment shall be submitted electronically through Wide Area Workflow
(WAWF) in accordance
with DFARS clause 252.232-7003, Electronic Submission of Payment Requests.
Information on WAWF is available on the Internet at https;//wawf.eb.mil/.
|
|
G.4
|
The
Contractor shall submit all interim cost vouchers to DCAA Sierra Branch
Office (HAA054). The
final cost voucher shall be submitted to DCMA Northern California
(S0507A).
|
|
G.5
|
The
Contractor is permitted to submit payment requests every two weeks in
accordance with FAR clause
52.216-7, Allowable Cost and
Payment.
|
|
G.6
|
As
consideration for the proper performance of the work and services required
under this contract, the
Contractor shall be paid as follows: Costs, as provided for under FAR
clause 52.216-7, Allowable Cost and Payment, not to exceed the amount set
forth as "Estimated Cost" in Section B, and subject to FAR clause
52.232-20, Limitation of Cost.
|
W911NF-09-C-0135
Page 8 of
16
|
G.7
|
Payment
of vouchers will be made by the DFAS-Columbus Center specified below and
in block 12 of the SF 26:
|
DFAS
Columbus Center
DFAS-CO/West
Entitlement Operations (HQ0339)
P.O. Box
182381
Columbus,
OH 43218-2381
|
G.8
|
Payment
Information and Inquiries: The Contractor should contact the DFAS-Columbus
Center for
information or inquiries regarding payments on this contract. Telephonic
inquiries may be made on 1-800-756-4571 or (614) 693-8507. Inquiries may
also be made electronically at https://myinvoice.csd.disa.mil//index,html.
|
|
G.9
|
Ceiling
Rates: The following indirect rate ceilings are established for this
contract:
|
Fringe
Benefits — 40% applied to direct labor dollars
Overhead
— 45% applied to direct labor dollars
G&A —
83.5% applied to TO minus overhead and subcontractors
The
Government will not be obligated to pay any additional amount should the final
rates exceed these ceiling rates.
|
G.10
|
An
accounting system review is required three months after contract award to
ensure the accounting
system is operating properly.
|
|
G.11
|
Payment
Instructions for Multiple Accounting Classification Citations: Payments
are to be made from
the earliest available fiscal year funding source across accounting
classification citations assigned to the line
item.
|
|
G.12
|
The
Contracting Officer's Representative for this contract is as
follows:
|
Dr.
Jennifer Becker
US Army
Research Office
ATTN:
AMSRD-ARL-RO-PC
P.O. Box
12211
Research
Triangle Park, NC 27709-2211
Phone:
(919) 549-4224
Email:
jennifer.j.becker@us.army.mil
W91
INF-09-C-0135
Page 9 of
16
Section
1-1 - Special Contract Requirements
|
H.1
|
Publications
|
Publication
of results of the research project in appropriate professional journals is
encouraged as an important method of recording and reporting scientific
information. One copy of each manuscript
submitted for publication in a journal shall be forwarded to the Army Research
Office at the same time it is submitted to the journal in accordance with the
reporting instructions in ARO Form 18, Following publication, copies of reprints
shall be submitted to the Army Research Office in accordance with the reporting
instructions in ARO Form 18. See Section F. The Contracting Officer may request
submission of publications to other addressees.
|
H.2
|
Research
Responsibility
|
a. The
Contractor shall bear responsibility for the conduct of the research specified
in the Contractor's proposal identified in the contract. The Contractor will
exercise judgment in obtaining the stated research objectives within the limits
of the terms and conditions of the contract; provided, however, that the
Contractor will obtain the Contracting Officer's approval to change the
Statement of Work. Consistent with the foregoing the Contractor shall conduct
the work as set forth in his proposal and accepted by the contract
award.
b. The
Principal Investigator identified in the proposal shall be continuously
responsible for the conduct of the research project, and shall be closely
involved with the research efforts.
c. The
Contractor shall advise the Contracting Officer if the Principal Investigator
identified in the contract plans to devote less effort to the work than set
forth in the proposal.
d. The
Contractor shall obtain the Contracting Officer's approval prior to changing the
named Principal Investigator.
|
H.3
|
Restriction
on Printing
|
The
Government authorizes the reproduction of reports, data or other written
material, if required, provided the material produced does not exceed 5,000
production units of any page, and items consisting of multiple pages do not
exceed 25,000 production units in the aggregate. The Contractor shall obtain the
express prior written authorization of the Contracting Officer to reproduce
material in excess of the quantities cited above.
|
H.4
|
Security
|
If in the
conduct of this research, the Contractor develops information, which in the
Contractor's opinion might have an adverse effect on the national security if it
were disclosed, the Contractor should promptly notify the Contracting Officer's
Representative and should not disclose the information without the prior
concurrence of the Contracting Officer's Representative.
|
H.5
|
Limitation
of Payments for Indirect Cost from Defense Appropriation
2008
|
Pursuant
to Section 8115 of the Defense Appropriations Act 2008, no funds made available
under that act may be used to pay indirect costs that exceed thirty-five percent
of the total amount of the contract for basic research. Any funds provided under
that Act for this contract are identified herein. Indirect costs exceeding
thirty-five percent of the total amount to be reimbursed from that appropriation
will be considered unallowable and will not be reimbursed. If subsequent
audit
W911NF-09-C-0135
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indicates
indirect costs exceeding thirty-five percent of the total amount paid from this
appropriation have been disbursed, the Contractor will refund the amount over
the statutory limitation to the Government.
|
H.6
|
Consent
to Subcontract
|
Inasmuch
as the Contractor does not have an approved purchasing system, consent to
subcontract is required from the cognizant administrative contracting officer
(ACO) in accordance with FAR Clause 52.244-2(c) for any subcontract that----(1)
Is of the cost-reimbursement, time-and-materials, or labor-hour type; or (2) Is
fixed-price and exceeds the greater of the simplified acquisition threshold or 5
percent of the total estimated cost of the contract.
|
H.7
|
Contractor
Acquired Property
|
The
Contractor is authorized to purchase the equipment (CD Spectropolarometer)
identified in the cost proposal at Section C and be reimbursed under this
contract. Title to all property purchased by the Contractor for which the
Contractor is entitled to be reimbursed as a direct item of cost shall pass to
and vest in the Government upon the vendor's delivery of such property. Upon
completion of the contract, all Government property shall be returned to the
Government, or otherwise disposed of, as directed by the Government in
accordance with FAR 52.245-1.
|
H.8
|
Contractor
Representations and Certifications
|
Contractor
certifications valid from 11/25/2008 to 11/25/2009 under ORCA are incorporated
by reference in this contract.
W911NF-09-C-0135
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Section I
- Contract Clauses
CLAUSES
INCORPORATED BY REFERENCE
| 52.202-1 | Definitions | JUL 2004 |
| 52.203-3 | Gratuities | APR 1984 |
| 52.203-5 | Covenant Against Contingent Fees | APR 1984 |
| 52.203-6 | Restrictions On Subcontractor Sales To The Government | SEP 2006 |
| 52.203-7 | Anti-Kickback Procedures | JUL 1995 |
|
52.203-8
|
Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity | JAN 1997 |
| 52.203-10 | Price Or Fee Adjustment For Illegal Or Improper Activity | JAN 1997 |
| 52.203-12 | Limitation On Payments To Influence Certain Federal Transactions | SEP 2007 |
| 52.204-4 | Printed or Copied Double-Sided on Recycled Paper | AUG 2000 |
| 52.204-7 | Central Contractor Registration | APR 2008 |
| 52.209-6 |
Protecting
the Government's Interest When Subcontracting With
Contractors Debarred, Suspended, or Proposed for Debarment
|
SEP 2006 |
| 52.215-2 | Audit and Records--Negotiation | MAR 2009 |
| 52.215-8 | Order of Precedence--Uniform Contract Format | OCT 1997 |
| 52.215-10 | Price Reduction for Defective Cost or Pricing Data | OCT 1997 |
| 52.215-12 | Subcontractor Cost or Pricing Data | OCT 1997 |
| 52.215-14 | Integrity of Unit Prices | OCT 1997 |
| 52.215-15 | Pension Adjustments and Asset Reversions | OCT 2004 |
| 52.215-17 | Waiver of Facilities Capital Cost of Money | OCT 1997 |
| 52.215-18 | Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions | JUL 2005 |
| 52.215-21 | Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data--Modifications | OCT 1997 |
| 52.216-7 | Allowable Cost And Payment | DEC 2002 |
| 52.216-11 | Cost Contract--No Fee | APR 1984 |
| 52.219-4 | Notice of Price Evaluation Preference for HUBZone Small Business Concerns | JUL 2005 |
| 52.219-8 | Utilization of Small Business Concerns | MAY 2004 |
| 52.222-3 | Convict Labor | JUN 2003 |
| 52.222-21 | Prohibition Of Segregated Facilities | FEB 1999 |
| 52.222-26 | Equal Opportunity | MAR 2007 |
| 52.222-35 |
Equal
Opportunity For Special Disabled Veterans, Veterans ofthe Vietnam Era, and
Other Eligible Veterans
|
SEP 2006 |
| 52.222-36 | Affirmative Action For Workers With Disabilities | JUN 1998 |
|
52.222-37
|
Employment
Reports On Special Disabled Veterans, Veterans Of The Vietnam Era, and
Other Eligible Veterans
|
SEP 2006 |
| 52.222-50 | Combating Trafficking in Persons | FEB 2009 |
| 52.223-6 | Drug-Free Workplace | MAY 2001 |
| 52.223-14 | Toxic Chemical Release Reporting | AUG 2003 |
| 52.225-13 | Restrictions on Certain Foreign Purchases | JUN 2008 |
| 52.227-1 Alt I | Authorization And Consent (Dec 2007) - Alternate 1 | APR 1984 |
| 52.227-2 | Notice And Assistance Regarding Patent And Copyright Infringement | DEC 2007 |
| 52.227-11 | Patent Rights--Ownership By The Contractor | DEC 2007 |
| 52.228-7 | Insurance--Liability To Third Persons | MAR 1996 |
| 52.232-9 | Limitation On Withholding Of Payments | APR 1984 |
W911NF-09-C-0135
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| 52.232-17 |
Interest
|
OCT 2008 |
| 52.232-20 |
Limitation
Of Cost
|
APR 1984 |
| 52.232-23 |
Assignment
Of Claims
|
JAN 1986 |
| 51232-25 |
Prompt
Payment
|
OCT 2008 |
| 52.232-33 |
Payment
by Electronic Funds Transfer--Central Contractor
Registration
|
OCT 2003 |
|
52.233-1
|
Disputes
|
JUL 2002 |
| 52.233-3 Alt I |
Protest After Award
(Aug 1996) - Alternate I
|
JUN 1985 |
|
52.233-4
|
Applicable Law for
Breach of Contract Claim
|
OCT 2004 |
|
52.242-1
|
Notice of Intent to
Disallow Costs
|
APR 1984 |
|
52.242-3
|
Penalties for
Unallowable Costs
|
MAY 2001 |
|
52.242-4
|
Certification of
Final Indirect Costs
|
JAN 1997 |
|
52.242-13
|
Bankruptcy
|
JUL 1995 |
| 52,242-15 Alt I |
Stop-Work Order (Aug
1989) - Alternate I
|
APR 1984 |
| 52.243-2 Alt V |
Changes--Cost-Reimbursement
(Aug 1987) - Alternate V
|
APR 1984 |
|
52.244-2
|
Subcontracts | JUN 2007 |
|
52.244-5
|
Competition
In Subcontracting
|
DEC 1996 |
|
52.244-6
|
Subcontracts
for Commercial Items
|
MAR 2009 |
|
52.245-1
|
Government
Property
|
JUN 2007 |
| 52.245-9 |
Use
And Charges
|
JUN 2007 |
|
52.246-9
|
Inspection
Of Research And Development (Short
Form)
|
APR 1984 |
|
52.246-25
|
Limitation
Of Liability--Services
|
FEB 1997 |
|
52.247-1
|
Commercial
Bill Of Lading Notations
|
FEB 2006 |
|
52.247-34
|
F.O.B. Destination | NOV 1991 |
|
52.247-63
|
Preference
For U.S. Flag Air Carriers
|
JUN 2003 |
|
52.249-6
|
Termination
(Cost Reimbursement)
|
MAY 2004 |
|
52.249-14
|
Excusable
Delays
|
APR 1984 |
|
52.253-1
|
Computer
Generated Forms
|
JAN 1991 |
|
252.201-7000
|
Contracting
Officer's Representative
|
DEC 1991 |
|
252.203-7000
|
Requirements
Relating to Compensation of Former DoD Officials
|
JAN 2009 |
|
252.203-7001
|
Prohibition
On Persons Convicted of Fraud or Other Defense Contract-Related
Felonies
|
DEC 2008 |
|
252.203.7002
|
Requirement
to Inform Employees of Whistleblower Rights
|
JAN 2009 |
| 252.204-7003 | Control Of Government Personnel Work Product | APR 1992 |
| 252.209-7004 Alt A |
Central
Contractor Registration (52.204-7) Alternate A
|
SEP 2007 |
| 252.204-7006 |
Billing
Instructions
|
OCT 2005 |
| 252.204-7009 |
Requirements
Regarding Potential Access to Export- Controlled Items
|
JUL 2008 |
| 252.205-7000 | Provision Of Information To Cooperative Agreement Holders | DEC 1991 |
| 252.209-7004 |
Subcontracting
With Firms That Are Owned or Controlled By The Government of a Terrorist
Country
|
DEC 2006 |
|
252.215-7000
|
Pricing
Adjustments
|
DEC 1991 |
|
252.215-7002
|
Cost
Estimating System Requirements
|
DEC 2006 |
|
252.215-7004
|
Excessive
Pass-Through Charges
|
MAY 2008 |
|
252.223-7004
|
Drug
Free Work Force
|
SEP 1988 |
|
252.225-7012
|
Preference
For Certain Domestic Commodities
|
DEC 2008 |
|
252.227-7000
|
Non-estoppel
|
OCT 1966 |
|
252,227-7013
|
Rights
in Technical Data--Noncommercial Items
|
NOV 1995 |
|
252.227-7014
|
Rights
in Noncommercial Computer Software and Noncommercial Computer Software
Documentation
|
JUN 1995 |
|
252.227-7016
|
Rights in Bid or Proposal Information | JUN 1995 |
|
252.227-7019
|
Validation
of Asserted Restrictions--Computer Software
|
JUN 1995 |
| 252.227-7030 | Technical Data--Withholding Of Payment | MAR 2000 |
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|
252.227-7037
|
Validation
of Restrictive Markings on Technical Data
|
SEP
1999
|
|
252.227-7039
|
Patents--Reporting
Of Subject Inventions
|
APR
1990
|
|
252.231-7000
|
Supplemental
Cost Principles
|
DEC
1991
|
|
252.232-7003
|
Electronic
Submission of Payment Requests and Receiving Reports
|
MAR
2008
|
|
252.232-7010
|
Levies
on Contract Payments
|
DEC
2006
|
|
252.235-7011
|
Final
Scientific or Technical Report
|
NOV
2004
|
|
252.243
-7002
|
Requests
for Equitable Adjustment
|
MAR
1998
|
|
252.244-7000
|
Subcontracts
for Commercial Items and Commercial Components
(DoD Contracts)
|
JAN
2009
|
|
252.247-7023
|
Transportation
of Supplies by Sea
|
MAY
2002
|
|
252.247-7024
|
Notification
Of Transportation Of Supplies By Sea
|
MAR
2000
|
CLAUSES
INCORPORATED BY FULL TEXT
52.215-19 NOTIFICATION OF OWNERSHIP
CHANGES (OCT 1997)
(a) The
Contractor shall make the following notifications in writing:
(1) When the
Contractor becomes aware that a change in its ownership has occurred, or is certain to occur,
that could result in changes in the valuation of its capitalized assets in the
accounting records, the Contractor shall notify the Administrative Contracting
Officer (ACO) within 30 days.
(2) The
Contractor shall also notify the ACO within 30 days whenever changes to asset
valuations or any other cost changes have occurred or are certain to occur as a
result of a change in ownership.
(b) The
Contractor shall--
(1) Maintain
current, accurate, and complete inventory records of assets and their
costs;
(2) Provide
the ACO or designated representative ready access to the records upon
request;
(3) Ensure
that all individual and grouped assets, their capitalized values, accumulated
depreciation or amortization, and remaining useful lives are identified
accurately before and after each of the Contractor's ownership changes;
and
(4) Retain
and continue to maintain depreciation and amortization schedules based on the
asset records maintained before each Contractor ownership change.
The
Contractor shall include the substance of this clause in all subcontracts under
this contract that meet the applicability requirement of FAR
15.408(k),
(End of
clause)
52.222-2 PAYMENT FOR OVERTIME
PREMIUMS (JUL 1990)
(a) The
use of overtime is authorized under this contract if the overtime premium cost
does not exceed -0- or the overtime premium is paid for work --
(1)
Necessary to cope with emergencies such as those resulting from accidents,
natural disasters, breakdowns of production equipment, or occasional production
bottlenecks of a sporadic nature;
W911NF-09-C-0135
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(2) By
indirect-labor employees such as those performing duties in connection with
administration, protection, transportation, maintenance, standby plant
protection, operation of utilities, or accounting;
(3) To
perform tests, industrial processes, laboratory procedures, loading or unloading
of transportation conveyances, and operations in flight or afloat that are
continuous in nature and cannot reasonably be interrupted or completed
otherwise; or
(4) That
will result in lower overall costs to the Government.
(b) Any
request for estimated overtime premiums that exceeds the amount specified above
shall include all estimated overtime for contract completion and
shall--
(1) Identify
the work unit; e.g., department or section in which the requested overtime will
be used, together with present workload, staffing, and other data of the
affected unit sufficient to permit the Contracting Officer to evaluate the
necessity for the overtime;
(2) Demonstrate
the effect that denial of the request will have on the contract delivery or
performance schedule;
(3) Identify
the extent to which approval of overtime would affect the performance or
payments in connection with other Government contracts, together with
identification of each affected contract; and
(4) Provide
reasons why the required work cannot be performed by using multishift operations
or by employing additional personnel.
* Insert
either "zero" or the dollar amount agreed to during negotiations. The inserted
figure does not apply to the exceptions in paragraph (a)(1) through (a)(4) of
the clause.
(End of
clause)
52.222-39 NOTIFICATION OF EMPLOYEE
RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004)
(a) Definition,
As used in this clause--
United
States means the 50 States, the District of Columbia, Puerto Rico, the Northern
Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake
Island.
(b) Except as
provided in paragraph (e) of this clause, during the term of this contract, the
Contractor shall post a notice, in the form of a poster, informing employees of
their rights concerning union membership and payment of union dues and fees, in
conspicuous places in and about all its plants and offices, including all places
where notices to employees are customarily posted. The notice shall include the
following information (except that the information pertaining to National Labor
Relations Board shall not be included in notices posted in the plants or offices
of carriers subject to the Railway Labor Act, as amended (45 U.S.C.
151-188)).
Notice to
Employees
Under
Federal law, employees cannot be required to join a union or maintain membership
in a union in order to retain their jobs. Under certain conditions, the law
permits a union and an employer to enter into a union-security agreement
requiring employees to pay uniform periodic dues and initiation fees. However,
employees who are not union members can object to the use of their payments for
certain purposes and can only be required to pay their share of union costs
relating to collective bargaining, contract administration, and grievance
adjustment.
W911NF-09-C-0135
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If you do
not want to pay that portion of dues or fees used to support activities not
related to collective bargaining, contract administration, or grievance
adjustment, you are entitled to an appropriate reduction in your payment. If you
believe that you have been required to pay dues or fees used in part to support
activities not related to collective bargaining, contract administration, or
grievance adjustment, you may be entitled to a refund and to an appropriate
reduction in future payments.
For
further information concerning your rights, you may wish to contact the National
Labor Relations Board (NLRB) either at one of its Regional offices or at the
following address or toll free number:
National
Labor Relations Board
Division
of Information
1099 14th
Street, N.W.
Washington,
DC 20570
1-866-667-6572
1-866-316-6572
(TTY)
To locate
the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.
(c) The
Contractor shall comply with all provisions of Executive Order 13201 of February
17, 2001, and related implementing regulations at 29 CFR part 470, and orders of
the Secretary of Labor.
(d) In the
event that the Contractor does not comply with any of the requirements set forth
in paragraphs (b), (c), or (g), the Secretary may direct that this contract be
cancelled, terminated, or suspended in whole or in part, and declare the
Contractor ineligible for further Government contracts in accordance with
procedures at 29 CFR part 470, Subpart B--Compliance Evaluations, Complaint
Investigations and Enforcement Procedures. Such other sanctions or remedies may
be imposed as are provided by 29 CFR part 470, which implements Executive Order
13201, or as are otherwise provided by law.
(e) The
requirement to post the employee notice in paragraph (b) does not apply to--
(1)
Contractors and subcontractors that employ fewer than 15 persons;
(2) Contractor
establishments or construction work sites where no union has been formally
recognized by the Contractor or certified as the exclusive bargaining
representative of the Contractor's employees;
(3) Contractor
establishments or construction work sites located in a jurisdiction named in the
definition of the United States in which the law of that jurisdiction forbids
enforcement of union-security agreements;
(4)
Contractor facilities where upon the written request of the Contractor, the
Department of Labor Deputy Assistant Secretary for Labor-Management Programs has
waived the posting requirements with respect to any of the Contractor's
facilities if the Deputy Assistant Secretary finds that the Contractor has
demonstrated that--
(i) The
facility is in all respects separate and distinct from activities of the
Contractor related to the performance of a contract; and
(ii) Such a
waiver will not interfere with or impede the effectuation of the Executive
order; or
(5) Work
outside the United States that does not involve the recruitment or employment of
workers within the United States.
(f) The
Department of Labor publishes the official employee notice in two variations;
one for contractors covered by the Railway Labor Act and a second for all other
contractors. The Contractor shall--
W911NF-09-C-0135
Page 16
of 16
(1) Obtain
the required employee notice poster from the Division of Interpretations and
Standards, Office of Labor- Management Standards, U.S. Department of Labor, 200
Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field
office of the Department's Office of Labor-Management Standards or Office of
Federal Contract Compliance Programs;
(2) Download
a copy of the poster from the Office of Labor-Management Standards website at
http://www,olms.dol.gov;
or
(3)
Reproduce and use exact duplicate copies of the Department of Labor's official
poster.
(g) The
Contractor shall include the substance of this clause in every subcontract or
purchase order that exceeds the simplified acquisition threshold, entered into
in connection with this contract, unless exempted by the Department of Labor
Deputy Assistant Secretary for Labor-Management Programs on account of special
circumstances in the national interest under authority of 29 CFR 470.3(c), For
indefinite quantity subcontracts, the Contractor shall include the substance of
this clause if the value of orders in any calendar year of the subcontract is
expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR part
470, Subpart B--Compliance Evaluations, Complaint Investigations and Enforcement
Procedures, the Secretary of Labor may direct the Contractor to take such action
in the enforcement of these regulations, including the imposition of sanctions
for noncompliance with respect to any such subcontract or purchase order. If the
Contractor becomes involved in litigation with a subcontractor or vendor, or is
threatened with such involvement, as a result of such direction, the Contractor
may request the United States, through the Secretaty of Labor, to enter into
such litigation to protect the interests of the United States.
(End of
clause)
52.252-2 CLAUSES INCORPORATED BY
REFERENCE (FEB 1998)
This
contract incorporates one or more clauses by reference, with the same force and
effect as if they were given in full text. Upon request, the Contracting Officer
will make their full text available. Also, the full text of a clause may be
accessed electronically at this/these address(es):
http://farsite.hill.af.mil
or http://acquisition.gov/far/index.html.
(End of
clause)
252.235-7010
Acknowledgment of Support and Disclaimer, (MAY 1995)
(a) The
Contractor shall include an acknowledgment of the Government's support in the
publication of any material based on or developed under this contract, stated in
the following terms: This material is based upon work supported by the U.S. Army
Research Office and Defense Threat Reduction Agency under Contract No.
W911NF-09-C-0135.
(b) All
material, except scientific articles or papers published in scientific journals,
must, in addition to any notices or disclaimers by the Contractor, also contain
the following disclaimer: Any opinions, findings and conclusions or
recommendations expressed in this material are those of the author(s) and do not
necessarily reflect the views of the U.S. Army Research Office and Defense
Threat Reduction Agency.