AWARD/CONTRACT

                                                	
                                                  1. THIS
      CONTRACT IS A RATED ORDER

                                                	 	
                                                  RATING

                                                	
                                                  PAGE
      OF
      PAGES

                                                
	 	
                                                      
      UNDER DPAS (15 CFR 350)

                                                	 	 	
                                                   1

                                                	
                                                  36

                                                


                                        

                                      

                                    

                                  

                                

                              

                            

                          

                        

                      

                    

                  

                

              

            

          

        

      

      
        
          
            
              
                
                  
                    
                      
                        	
                                2. CONTRACT
      (Proc.
      Inst. Ident.) NO.

                              	
                                3.
      EFFECTIVE DATE

                              	
                                  4.
      REQUISITION/PURCHASE REQUEST/PROJECT NO.

                              
	
                                W911QX-09-C-0114

                              	
                                25
      Sep 2009

                              	
                                
                                   
      W71B7J83386020

                                

                              


                      

                    

                  

                

              

            

          

        

      

      
        
          
            
              
                
                  
                    
                      
                        
                          
                            
                              
                                
                                  
                                    
                                      	
                                              5.
      ISSUED BY

                                            	
                                              CODE  

                                            	
                                              
                                                 
      W911QX

                                              

                                            	
                                              6. ADMINISTERED
      BY     (If
      other than Item 5)

                                            	
                                              CODE 
      

                                            	
                                              
                                                 
      S2101A

                                              

                                            


                                    

                                  

                                

                              

                            

                          

                        

                      

                    

                  

                

              

            

          

        

      

      
        
          
            
              
                
                  
                    
                      
                        
                          
                            
                              
                                
                                  
                                    
                                      
                                        
                                          
                                            
                                              
                                                
                                                  
                                                    	
                                                            
                                                              US
      ARMY RDECOM CONTRACTING CENTER

                                                              RDECOM
      CONT CTR - ADELPHI

                                                              2800
      POWDER MILL ROAD

                                                              CCRD-AD

                                                              ADELPHI
      MD 20783-1197

                                                            

                                                          	
                                                            
                                                              DCM
      - MARYLAND

                                                              217
      EAST RED WOOD STREET

                                                              SUITE
      1800

                                                              BALTIMORE
      MD 21202-5299

                                                               

                                                            

                                                          


                                                  

                                                

                                              

                                            

                                          

                                        

                                      

                                    

                                  

                                

                              

                            

                          

                        

                      

                    

                  

                

              

            

          

        

      

      
        
          
            
              
                
                  
                    
                      
                        
                          
                            
                              
                                
                                  
                                    
                                      
                                        
                                          
                                            
                                              
                                                
                                                  
                                                    
                                                      
                                                        
                                                          
                                                            
                                                              
                                                                
                                                                  
                                                                    
                                                                      
                                                                        
                                                                          
                                                                            	
                                                                                    7.
      NAME AND ADDRESS OF CONTRACTOR     (No., street, city, county,
      state and zip code)

                                                                                    
                                                                                      NUGEN
      MOBILITY

                                                                                    

                                                                                  	
                                                                                    8.
      DELIVERY

                                                                                    
                                                                                       o FOB
      ORIGIN   x OTHER     
      (See
      below)

                                                                                    

                                                                                  
	
                                                                                    
                                                                                      JOHN
      SALATINO

                                                                                      44645
      GUILFORD DR STE 201

                                                                                      ASHBURN
      VA 20147-6020

                                                                                    

                                                                                  	
                                                                                    
                                                                                      9.
      DISCOUNT FOR PROMPT PAYMENT

                                                                                      Net
      30 Days

                                                                                    

                                                                                  
	 
      	
                                                                                    10.
      SUBMIT INVOICES

                                                                                  	1
      	
                                                                                     
      ITEM

                                                                                  
	 
      	
                                                                                     
      (4 copies unless otherwise specified)

                                                                                      TO
      THE ADDRESS 

                                                                                    

                                                                                  	
                                                                                     

                                                                                  	
                                                                                     

                                                                                     Section
      G

                                                                                  
	
                                                                                    
                                                                                      CODE 
       4KJ58

                                                                                    

                                                                                  	
                                                                                     
      FACILITY CODE  4KJ58

                                                                                  	SHOWN  IN:	 
      	 


                                                                          

                                                                        

                                                                      

                                                                    

                                                                  

                                                                

                                                              

                                                            

                                                          

                                                        

                                                      

                                                    

                                                  

                                                

                                              

                                            

                                          

                                        

                                      

                                    

                                  

                                

                              

                            

                          

                        

                      

                    

                  

                

              

            

          

        

      

      
        
          
            
              
                
                  
                    
                      
                        
                          
                            
                              
                                
                                  	
                                          
                                            11.
      SHIP TO/MARK FOR

                                          

                                        	
                                          CODE   

                                        	
                                          
                                             
      W71B7J

                                          

                                        	
                                          
                                            12.
      PAYMENT WILL BE MADE BY

                                          

                                        	
                                          CODE  
      

                                        	
                                          
                                             
      HQ0338

                                          

                                        
	
                                          
                                            US
      ARMY RESEARCH LABORATORY

                                          

                                        	
                                          
                                            DFAS
      - COLUMBUS

                                          

                                        
	
                                          
                                            THOMAS
      PODLESAK

                                          

                                        	
                                          
                                            SOUTH
      ENTITLEMENTS OPERATIONS

                                          

                                        
	
                                          
                                            2800
      POWDER MILL RD

                                          

                                        	
                                          
                                            P.O.
      BOX 182264

                                          

                                        
	
                                          
                                            ADELPHI
      MD 20783-1197

                                          

                                        	
                                          
                                            COLUMBUS
      OH 43218-2264

                                          

                                        
	 
      	
                                           

                                        
	 
      	
                                           

                                        
	
                                          13.
      AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

                                        	
                                          14.
      ACCOUNTING AND APPROPRIATION DATA

                                        
	
                                             o
      10 U.S.C.
      2304(c)(        )      o 41 U.S.C.
      253(c)(        )

                                        	
                                          See
      Schedule

                                        


                                

                              

                            

                          

                        

                      

                    

                  

                

              

            

          

        

      

      
        
          
            
              
                
                  
                    
                      
                        
                          
                            	
                                    15A.
      ITEM NO.

                                  	
                                    15B.
      SUPPLIES/SERVICES

                                  	
                                    15C.
      QUANTITY

                                  	
                                    15D.
      UNIT

                                  	
                                    15E.
      UNIT PRICE

                                  	
                                    15F.
      AMOUNT

                                  
	 
      	
                                    
                                       
      

                                      SEE
      SCHEDULE

                                       

                                       

                                    

                                    
                                    

                                  	 
      	 
      	 
      	 
      


                          

                        

                      

                    

                  

                

              

            

          

        

      

      
        
          
            
              
                
                  
                    
                      	
                              15G.
      TOTAL AMOUNT OF CONTRACT

                            	
                               
      

                            	
                              $748,000.00

                            


                    

                  

                

              

            

          

        

      

      
        
          
            
              	
                      16.  TABLE
      OF CONTENTS

                    


            

          

        

      

      
        
          
            
              
                
                  
                    
                      
                        
                          
                            
                              
                                
                                  
                                    
                                      
                                        
                                          
                                            
                                              
                                                
                                                  
                                                    
                                                      
                                                        
                                                          
                                                            
                                                              
                                                                
                                                                  
                                                                    
                                                                      
                                                                        
                                                                          
                                                                            
                                                                              
                                                                                
                                                                                  
                                                                                    
                                                                                      
                                                                                        
                                                                                          
                                                                                            
                                                                                              
                                                                                                
                                                                                                  
                                                                                                    	
                                                                                                            (X)

                                                                                                          	
                                                                                                            SEC.

                                                                                                          	
                                                                                                            DESCRIPTION

                                                                                                          	
                                                                                                            PAGE(S)

                                                                                                          	
                                                                                                            (X)

                                                                                                          	
                                                                                                            SEC.

                                                                                                          	
                                                                                                            DESCRIPTION

                                                                                                          	
                                                                                                            PAGE(S)

                                                                                                          
	 
      	
                                                                                                                PART I -
      THE SCHEDULE

                                                                                                          	                     	 
      	
                                                                                                            PART
      II - CONTRACT CLAUSES

                                                                                                          
	
                                                                                                            x

                                                                                                          	
                                                                                                            A

                                                                                                          	
                                                                                                              SOLICITATION/CONTRACT
      FORM

                                                                                                          	
                                                                                                            1

                                                                                                          	
                                                                                                            x

                                                                                                          	
                                                                                                            I

                                                                                                          	
                                                                                                              CONTRACT
      CLAUSES

                                                                                                          	
                                                                                                            17 - 29

                                                                                                          
	
                                                                                                            
                                                                                                              x

                                                                                                            

                                                                                                          	
                                                                                                            B

                                                                                                          	
                                                                                                              SUPPLIES
      OR SERVICES AND PRICES/COSTS

                                                                                                          	2 - 4	 
      	
                                                                                                            PART
      III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER
ATTACHMENTS

                                                                                                          
	
                                                                                                            
                                                                                                              
                                                                                                                x

                                                                                                              

                                                                                                            

                                                                                                          	
                                                                                                            C

                                                                                                          	
                                                                                                              DESCRIPTION/SPECS./WORK
      STATEMENT

                                                                                                          	5 - 8	
                                                                                                            x

                                                                                                          	
                                                                                                            J

                                                                                                          	
                                                                                                              LIST
      OF ATTACHMENTS

                                                                                                          	
                                                                                                            30 - 37

                                                                                                          
	
                                                                                                            
                                                                                                              x

                                                                                                            

                                                                                                          	
                                                                                                            D

                                                                                                          	
                                                                                                              PACKAGING
      AND MARKING

                                                                                                          	9	 
      	
                                                                                                            PART
      IV - REPRESENTATIONS AND INSTRUCTIONS

                                                                                                          
	
                                                                                                            
                                                                                                              x

                                                                                                            

                                                                                                          	
                                                                                                            E

                                                                                                          	
                                                                                                              INSPECTION
      AND ACCEPTANCE

                                                                                                          	10	 
      	
                                                                                                            K

                                                                                                          	
                                                                                                              REPRESENTATIONS,
      CERTIFICATIONS AND

                                                                                                          	 
      
	
                                                                                                            
                                                                                                              x

                                                                                                            

                                                                                                          	
                                                                                                            F

                                                                                                          	
                                                                                                              DELIVERIES
      OR PERFORMANCE

                                                                                                          	11	 
      	 
      	
                                                                                                              OTHER
      STATEMENTS OF OFFERORS

                                                                                                          	 
      
	
                                                                                                            
                                                                                                              x

                                                                                                            

                                                                                                          	
                                                                                                            G

                                                                                                          	
                                                                                                              CONTRACT
      ADMINISTRATION DATA

                                                                                                          	12 - 14	 
      	
                                                                                                            L

                                                                                                          	
                                                                                                              INSTRS.,
      CONDS., AND NOTICES TO OFFERORS

                                                                                                          	 
      
	
                                                                                                            
                                                                                                              x

                                                                                                            

                                                                                                          	
                                                                                                            H

                                                                                                          	
                                                                                                              SPECIAL
      CONTRACT REQUIREMENTS

                                                                                                          	15 - 16	 
      	
                                                                                                            M

                                                                                                          	
                                                                                                              EVALUATION
      FACTORS FOR AWARD

                                                                                                          	 
      


                                                                                                  

                                                                                                

                                                                                              

                                                                                            

                                                                                          

                                                                                        

                                                                                      

                                                                                    

                                                                                  

                                                                                

                                                                              

                                                                            

                                                                          

                                                                        

                                                                      

                                                                    

                                                                  

                                                                

                                                              

                                                            

                                                          

                                                        

                                                      

                                                    

                                                  

                                                

                                              

                                            

                                          

                                        

                                      

                                    

                                  

                                

                              

                            

                          

                        

                      

                    

                  

                

              

            

          

        

      

      
        
          
            
              
                
                  
                    
                      
                        
                          
                            
                              
                                
                                  
                                    	
                                            CONTRACTING
      OFFICER WILL COMPLETE 17 OR 18 AS APPLICABLE

                                          
	
                                            17. x
      CONTRACTOR'S
      NEGOTIATED AGREEMENT     Contractor
      is required to sign this

                                            document
      and return 1 copies to issuing
      office.)        
      Contractor
      agrees to furnish and deliver all

                                            
                                              items
      or perform all the services set forth or otherwise identified above and on
      any continuation

                                              sheets
      for the consideration stated herein. The rights and obligations of the
      parties to this

                                              contract
      shall be subject to and governed by the following documents: (a) this
      award/contract,

                                              (b)
      the solicitation, if any, and (c) such provisions, representations,
      certifications, and specifications,

                                              as
      are attached or incorporated by reference herein.

                                              (Attachments
      are listed herein.)

                                            

                                          	
                                            
                                              18.
      o AWARD (Contractor
      is not required to sign this
      document.)      Your offer 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 items

                                              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 offer,
      and

                                              (b)
      this award/contract. No further contractual document is
      necessary.

                                            

                                          
	
                                            19A.
      NAME AND TITLE OF SIGNER (Type
      or print)

                                            
                                              ERIC
      TAKAMURA CEO/President

                                            

                                          	
                                            20A.
      NAME OF CONTRACTING OFFICER

                                            CHRISTI
      L. WINKLER / CONTRACTING OFFICER

                                            TEL:
      301-394-3385         EMAIL:
      christi.winkler@us.army.mil

                                          


                                  

                                

                              

                            

                          

                        

                      

                    

                  

                

              

            

          

        

      

      
        
          
            
              
                
                  
                    
                      
                        
                          
                            
                              
                                
                                  	
                                          19B.
      NAME OF CONTRACTOR 

                                            NUGEN
      MOBILITY INC

                                          

                                        	
                                          19C.
      DATE SIGNED

                                        	
                                          20B.
      UNITED STATES OF AMERICA

                                        	
                                          20C.
      DATE SIGNED

                                        
	
                                          BY

                                        	/s/
      ERIC TAKAMURA	
                                          23-Sep-2009

                                        	
                                          BY

                                        	
                                          /s/ CHRISTI L. WINKLER

                                        	
                                          25-Sep-2009

                                        
	 
      	
                                          (Signature
      of person authorized to sign)

                                        	 
      	 
      	
                                          (Signature
      of Contracting Officer)

                                        	 
      


                                

                              

                            

                          

                        

                      

                    

                  

                

              

            

          

        

      

      
        
          
            
              
                
                  
                    
                      	
                              
                                NSN
      7540-01-152-8069

                              

                            	
                              26-107

                            	 	
                              
                                STANDARD
      FORM 26 (REV. 12/2002)

                              

                            
	 	 	 	 
	Previous
      edition is usable	
                              GPO
      1985 O - 469-794

                            	 	
                              
                                Prescribed
      by GSA

                              

                            
	
                                

                            	
                                

                            	 	
                              
                                FAR
      (48 CFR)
53.214(a)

                              

                            


                    

                  

                

              

            

          

        

      

       

      
        
           


        

        
          
          

          
            

          

        

        
           


        

      

    

    
 

    
      W911QX-09-C-0114

      


      Page 2 of
36

    

    


    Section B
- Supplies or Services and Prices

    


    
      
        	
                ITEM
      NO

              	
                SUPPLIES/SERVICES

              	
                QUANTITY

              	
                UNIT

              	
                UNIT
      PRICE

              	
                AMOUNT

              
	
                0001

              	 
      	 
      	
                Lot

              	 
      	
                $748,000.00

              
	 
      	
                 SBIR
      PHASE II, TOPIC #: OSD06-EP2

                 COST

                 The
      contractor shall perform research and development for an Innovative Motor
      and Generator Technology in accordance with Section C, Statement of
      Work.

                FOB:
      Destination

                PURCHASE
      REQUEST NUMBER: W71B7J83386020

                THOMAS
      PODLESAK (301) 394-2293

              	 
      
	 
      	
                ESTIMATED
      COST

              	
                $748,000.00

              
	 	 	 
	 
      	
                ACRN
      AA

                CIN:
      W71B7J833860200001

              	
                 $0.00

                 

              


      

    

    See
Exhibit A

    


    
      
        	
                ITEM
      NO

              	
                SUPPLIES/SERVICES

              	
                QUANTITY

              	
                UNIT

              	
                UNIT
      PRICE

              	
                AMOUNT

              
	
                000101

              	 
      	 
      	
                Lot

              	 
      	
                $0.00

              
	 
      	
                 FUNDING
      FOR CLIN 0001

                 COST

                FOB:
      Destination

                PURCHASE
      REQUEST NUMBER: W71B7J83386020

                THOMAS
      PODLESAK (301) 394-2293

              	 
      
	 
      	
                ESTIMATED
      COST

              	
                $0.00

              
	 	 	 
	 
      	
                ACRN
      AA

                CIN:
      W71B7J83386020

              	
                $381,000.00

              


      

    


    
      
         


      

      
        
        

        
          

        

      

      
         


      

    

     

    W911QX-09-C-0114

    


    Page 3
of 36


    


    
      
        	
                ITEM
      NO

              	
                SUPPLIES/SERVICES

              	
                QUANTITY

              	
                UNIT

              	
                UNIT
      PRICE

              	
                AMOUNT

              
	
                0002

              	 
      	 
      	 
      	 
      	
                NSP

              
	 
      	
                 DATA

                 COST

                 The
      Contractor shall provide data in accordance with Section J, Exhibit A, DD
      Forms 1423.

                FOB:
      Destination

                PURCHASE
      REQUEST NUMBER: W71B7J83386020

                THOMAS
      PODLESAK (301) 394-2293

              	 
      
	 
      	
                ESTIMATED
      COST

              	
                $0.00

              
	 	 	 
	 
      	
                ACRN
      AA

                CIN:
      W71B7J833860200002

              	
                 $0.00

                 

              


      

    

    


    
      
        	
                ITEM
      NO

              	
                SUPPLIES/SERVICES

              	
                QUANTITY

              	
                UNIT

              	
                UNIT
      PRICE

              	
                AMOUNT

              
	
                0003

              	 
      	 
      	 
      	 
      	
                NSP

              
	 
      	
                 CONTRACTOR
      MANPOWER REPORTING

                 COST

                 The
      Contractor shall report in accordance with the Statement of Work,
      paragraph entitled, "Contractor Manpower Reporting" for Requesting
      Activity UIC W262AA.

                FOB:
      Destination

                PURCHASE
      REQUEST NUMBER: W71B7J83386020

                THOMAS
      PODLESAK (301) 394-2293

              	 
      
	 
      	
                ESTIMATED
      COST

              	
                $0.00

              
	 	 	 
	 
      	
                ACRN
      AA

                CIN:
      W71B7J833860200003

              	
                $0.00

              


      

    

    


    CLAUSES
INCORPORATED BY FULL TEXT

    


    52.004-4409  RDECOMAC
POINT OF CONTACT (JUL 2004)

    


    The
RDECOMAC point of contact for this action is:

    


    
      	
              Contract
      Specialist:

            	
              Antonia
      C. Jack

            
	
              Telephone
      Number:  

            	
              301
      394-1203

            
	
              Fax
      Number:

            	
              301
      394-4910

            
	
              Email:

            	
              Antonia.Jack@arl.army.mil

            


    


    
      
         


      

      
        
        

        
          

        

      

      
         


      

    

     

      W911QX-09-C-0114

      


      Page 4
of 36

       

    

    (End of
clause)

    


    CLAUSES
INCORPORATED BY FULL TEXT

    


    52.004-4412
CONTRACTING OFFICER’S REPRESENTATIVE (COR) (DEC 2002)

    


    The COR
appointed to this contract is identified below. See formal letter of appointment
for authorized duties/responsibilities.

    


    
      	
              COR
      Name:

            	
              Thomas
      Podlesak

            
	
              COR
      Telephone:

            	
              301
      394-2293

            
	
              COR
      Email address:

            	
              tpodlesak@arl.army.mil

            


    

    


    (End of
clause)

    


    CLAUSES
INCORPORATED BY FULL TEXT

    


    52.016-4407  TYPE
OF CONTRACT (SEP 1999)

    


    This is a
Cost type of contract.

    


    (End of
clause)

    


    CLAUSES
INCORPORATED BY FULL TEXT

    


    52.032-4421  INCREMENTAL
FUNDING - PERFORMANCE PERIOD (SEP 1999)

    


    This
contract is incrementally funded.  The amount presently available for
payment and allotted to the contract is $381,000.  It is estimated
that the allotted funds will cover all areas of contract performance for the
period from award of contract through 12 months.

    


    (End of
clause)



    
      
         


      

      
        
        

        
          

        

      

      
         


      

    

     

    
      W911QX-09-C-0114

      


      Page 5
of 36

       

      Section C
- Descriptions and Specifications

      


      STATEMENT OF
WORK

       

      Statement
of Work

       

      Innovative
Motor and Generator Technologies

       

      SBIR
Phase II

       

      
        	
                C.1

              	
                SCOPE:

              


      

       

      The
Contractor shall demonstrate its Phase Variable Gap Control (PVGC) technology
for Rotational Electric Machines (REMs), commonly known as electric generators
and motors, to the Army Research Laboratory (ARL) and to Office of the Secretary
of Defense (OSD). The program shall be divided into two (2) major
Demonstrations. The purpose of this division is to maximize success by first
demonstrating a 15kW REM with PVGC and then demonstrating a larger 60kW REM with
PVGC. The proposed progressive power level demonstrations (15kW/60kW) shall be
applied to a mobility system. The objectives of each demonstration are discussed
in the following section.

      


      
        	
                C.2 

              	
                OBJECTIVE:

              


      

       

      C.2.1
Demonstration 1.

       

      C.2.1.1
The Contractor shall produce two (2) prototype REMs with PVGC and controllers
that are rated for 15kW continuous power. The Contractor shall target Bi-Stable
PVGC. The Contractor shall ensure that within this power level, PVGC shall be
used to optimize efficiency for a High-torque/Low-speed mode and a
Lower-torque/high-speed mode.

      


      C.2.1.2
The Contractor shall select the PVGC mechanism and spring configuration for the
application.

      


      C.2.1.3
The Contractor shall develop or modify firmware code for an existing Controller
so that it will drive the above REM and control its PVGC mechanism.

      


      C.2.1.4
The Contractor shall validate the prototype for performance and reliability,
both on test stand and as a propulsion device a demonstration vehicle. The
Contractor shall ensure that Demonstration 1 results in REMs that are ready for
production and commercialization.

      


      C 2.2
Demonstration 2.

      


      C.2.2.1
The Contractor shall produce a single 60kW prototype REM with PVGC and
controller. The Contractor shall target Bi-Stable PVGC for this
prototype.

      


      C.2.2.2
The Contractor shall address and validate scalability.

      


      C.2.2.3
The Contractor shall validate the prototype for performance and
reliability.

       

      C.2.2.4
The Contractor shall finalize documentation in preparation for production and
commercialization.

       

    

     

    
      
         


      

      
        
        

        
          

        

      

      
         


      

    

     

    
      W911QX-09-C-0114

      


      Page 6
of 36

      C.2.2.5
The Contractor shall deliver three (3) prototypes, two (2) 15 kW and one (1) 60
kW, to the ARL Contracting Officer’s Representative (COR).

       

      C.3
Deliverables:

      


      
        	
                C.3.1

              	
                15
      kW REMs

              


      

      


      C.3.1.1
The Contractor shall test both 15kw REM prototypes on the bench and dynamometer
to demonstrate performance, flexibility and scalability of the variable gap
mechanism for 15kW and 60kW applications.

      


      C.3.1.2
The Contractor shall demonstrate, at the Contractor’s facility, the 15kW system
on a vehicle targeted for their commercialization opportunity. The Contractor
shall maintain ownership of the vehicle, but deliver both the 15kW motor and
controller for Government ownership, along with a spare, for a total of two (2)
REMs and controllers

      


      
        	
                C.3.2 

              	
                60
      kW REM

              


      

      


      C.3.2.1
The Contractor shall demonstratethe 60kW system, at the Contractor’s facility,
limiting the demonstration to the dynamometer testing and analyses that verify
scalability and expected performance. The Contractor shall ensure that the unit
is fully operational and delivered for subsequent integration, by Government
personnel, into a Government platform.

      


      C.3.2.2
The Contractor shall ensure that the deliverables for Phase II include the test
results from both bench tests and vehicle testing for 15kW system.

      


      
        	
                C 4

              	
                REPORTING
      REQUIREMENTS:

              


      

       

      C.4.1
Monthly Status Report.

       

      The
Contractor shall provide monthly status reports to the COR in electronic form.
The Contractor shall ensure that the monthly status reports include current
funding level, expenditures, commitments, any uncommitted funding, technical
progress, planned activities, any issues and recommendations. The Contractor
shall ensure that monthly status report are unclassified and in a portable
document format (PDF) or Microsoft Word for the COR to review. The Contractor
shall provide draft documentation and allow at least 30 days for review and
comments. The Contractor shall then incorporate the comments/modifications
within 30 days and provide a final version of each report. The Contractor shall
deliver the status report with the first 45 days after contract award and the
15th
of the month thereafter.

       

      C.4.2. On
Site Reviews

      


      The
Contractor shall conduct a series of project reviews, beginning with a kickoff
meeting at ARL, Adelphi Laboratory Center, within 30 days of contract award and
at intervals not to exceed six (6) months thereafter, culminating with a final
review at the end of the contract period.

       

    

    
      
         


      

      
        
        

        
          

        

      

      
         


      

    

     

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    C.4.3.
Interim Annual and Final Reports

     

    The
Contractor shall furnish an Interim Annual Report, summarizing the
accomplishments of the first year of the program, one (1) year after award and a
Final Report, summarizing the accomplishments of the entire program, to coincide
with the end of the program.  The Contractor shall provide draft
documentation and allow at least 30 days for review and comments. The Contractor
shall then incorporate the comments and modifications within 30 days and provide
a final version of each report.  The Contractor shall deliver the
draft Final Report 60 days before program end, in order to allow for review and
revision.  The Government will have 30 days to provide the Contractor
with any comments/modifications.  The Contractor shall deliver the
Final Report upon completion of the contract.

     

    C.4.4.   Report
Format

    


    Contractor
format for the above listed reports is acceptable.  All
reports/documents must be marked with the following distribution
statement:

    


    DISTRIBUTION
STATEMENT B:  Distribution authorized to U.S. Government agencies only
in order to protect information not owned by the U.S. Government and protected
by a contractor’s "limited rights" statement, or received with the understanding
that it not be routinely transmitted outside the U.S.
Government.  Other requests for this document shall be referred to the
Army Research Laboratory, ATTN: RDRL-SED-E (Dr. Thomas F. Podlesak), U.S. Army
Research Laboratory, 2800 Powder Mill Road, Adelphi, MD,
20783-1197.

     

    C.5
CONTRACTING MANPOWER STATEMENT:

     

    The
Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs)
operates and maintains a secure Army data collection site where the contractor
shall report ALL contractor manpower (including all subcontractor manpower)
required for performance of this contract. The contractor is required to
completely fill in all the information in the format using the following web
address https://cmra.army..mil
..

     

    The
required information includes:

     

    (1)
Contracting Office, Contracting Officer, Contracting Officer's Technical
Representative;

     

    (2)
Contract number, including task order and delivery order number;

     

    (3)
Beginning and ending dates covered by reporting period;

     

    (4)
Contractor name, address, phone number email address identify of contractor
employee entering data;

     

    (5)
Estimated direct labor hours (including sub-contractors);

     

    (6)
Estimated direct labor dollars paid this reporting period (including
subcontractors);

     

    (7) Total
payments (including sub-contractors);

     

    (8)
Predominant Federal Service Code (FSC) reflecting services provided by
contractor (and separate predominant FSC for each sub-contractor if
different);

     

    (9)
Estimated data collection cost;

     

    (10)
Organizational title associated with the Unit Identification Code (UIC) for the
Army Requiring Activity (the Army Requiring Activity is responsible for
providing the contractor with its UIC for the purposes of reporting this
information);

     

    (11)
Locations where contractor and sub-contractors perform the work (specified by
zip code in the United States and nearest city, country, when in an overseas
location using standardized nomenclature provided on website);

     

    (12)
Presence of deployment or contingency contract language; and

     

    (13)
Number of contractor and sub-contractor employees deployed in theater this
reporting period (by country).


    
      
         


      

      
        
        

        
          

        

      

      
         


      

    

     

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      Page 8
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    Reporting
period will be the period of performance not to exceed 12 months ending
September 30 of each government fiscal year and must be reported by 31 October
of each calendar year. Contractors may use a direct XML data transfer to the
database server or fill in the fields on the website. The XML direct transfer is
a format for transferring files from a contractor's systems to the secure web
site without the need for separate data entries for each required data element
at the web site. The specific formats for the XML direct transfer may be
downloaded from the web site.


    
      
         


      

      
        
        

        
          

        

      

      
         


      

    

     

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      Page 9
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    Section D
- Packaging and Marking

    


    SECTION
D

    
      	
              D.1. 

            	
              Preservation,
      Packing and Packaging shall be of a standard commercial type providing for
      damage-free
      shipment to destination

            


    

    


    (End of
Clause)


    
      
         


      

      
        
        

        
          

        

      

      
         


      

    

     

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      Page 10
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    Section E
- Inspection and Acceptance

    


    INSPECTION
AND ACCEPTANCE TERMS

    


    Supplies/services
will be inspected/accepted at:

    


    
      	
              CLIN 

            	 
      	
              INSPECT AT 

            	 
      	
              INSPECT BY 

            	 
      	
              ACCEPT AT 

            	 
      	
              ACCEPT BY 

            
	
              0001

            	 
      	
              Destination

            	 
      	
              Government

            	 
      	
              Destination

            	 
      	
              Government

            
	
              000101

            	 
      	
              Destination

            	 
      	
              Government

            	 
      	
              Destination

            	 
      	
              Government

            
	
              0002

            	 
      	
              Destination

            	 
      	
              Government

            	 
      	
              Destination

            	 
      	
              Government

            
	
              0003

            	
                

            	
              Destination

            	
                

            	
              Government

            	
                

            	
              Destination

            	
                

            	
              Government

            


    

    


    CLAUSES
INCORPORATED BY REFERENCE

    


    
      	
              52.246-8

            	 
      	
              Inspection
      Of Research And Development Cost Reimbursement

            	 
      	
              MAY
      2001

            	 
      	 
      
	
              52.246-9

            	
                

            	
              Inspection
      Of Research And Development (Short Form)

            	
                

            	
              APR
      1984

            	
                

            	 
      


    

    


    CLAUSES
INCORPORATED BY FULL TEXT

    


    52.046-4400  GOVERNMENT
INSPECTION AND ACCEPTANCE (SEP 1999)

    


    Government
Inspection and Acceptance shall be performed at Adelphi Laboratory Center, 2800
Powdermill Road, Adelphi, Maryland, 20783 by an authorized Government
Representative or COR.

    


    (End of
clause)



    
      
         


      

      
        
        

        
          

        

      

      
         


      

    

     

    
      W911QX-09-C-0114

      


      Page 11
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    Section F
- Deliveries or Performance

    


    DELIVERY
INFORMATION

    


    
      	
              CLIN

            	 
      	
              DELIVERY
      DATE

            	 
      	
              QUANTITY

            	 
      	
              SHIP
      TO ADDRESS

            	 
      	
              UIC

            
	 
      	 
      	 
      	 
      	 
      	 
      	 
      	 
      	 
      
	
              0001

            	 
      	
              POP
      25-SEP-2009 TO

              26-SEP-2011

            	 
      	
              N/A

            	 
      	
              US
      ARMY RESEARCH LABORATORY

              THOMAS
      PODLESAK

              2800
      POWDER MILL RD

              ADELPHI
      MD 20783-1197

              301-394-2293

              FOB:  Destination

            	 
      	
              W71B7J

            
	 
      	 
      	 
      	 
      	 
      	 
      	 
      	 
      	 
      
	
              000101

            	 
      	
              POP
      25-SEP-2009 TO

              26-SEP-2011

            	 
      	
              N/A

            	 
      	
              (SAME
      AS PREVIOUS LOCATION)

              FOB:  Destination

            	 
      	
              W71B7J

            
	 
      	 
      	 
      	 
      	 
      	 
      	 
      	 
      	 
      
	
              0002

            	 
      	
              POP
      25-SEP-2009 TO

              26-SEP-2011

            	 
      	
              N/A

            	 
      	
              (SAME
      AS PREVIOUS LOCATION)

              FOB:  Destination

            	 
      	
              W71B7J

            
	 
      	 
      	 
      	 
      	 
      	 
      	 
      	 
      	 
      
	
              0003

            	
                

            	
              POP
      25-SEP-2009 TO

              26-SEP-2011

            	
                

            	
              N/A

            	
                

            	
              (SAME
      AS PREVIOUS LOCATION)

              FOB:  Destination

            	
                

            	
              W71B7J

            


    

    


    CLAUSES
INCORPORATED BY REFERENCE

    


    
      	
              52.242-15
      Alt I

            	 
      	
              Stop-Work
      Order (Aug 1989) -  Alternate I

            	 
      	
              APR
      1984

            
	
              52.242-17

            	
                

            	
              Government
      Delay Of Work

            	
                

            	
              APR
      1984    

            


    

    


    CLAUSES
INCORPORATED BY FULL TEXT

    


    52.027-4400  DELIVERY
OF DATA ITEMS (JUL 2003)

    


    All
technical data shall be delivered in accordance with the DD 1423s attached to
Section J of this contract.  Data items which require distribution to
DTIC shall be mailed to the following address:

    


    Defense
Technical Information Center (DTIC)

    ATTN:  DTIC-OCA
(PAT MAWBY)

    8725 John
J. Kingman Road, Suite 0944

    Ft.
Belvoir, VA 22060-6218

    


    (End of
clause)



    
      
         


      

      
        
        

        
          

        

      

      
         


      

    

     

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    Section G
- Contract Administration Data

    


    ACCOUNTING
AND APPROPRIATION DATA

    


    
      	
              AA:
      9780400110106N6N7C60605502D8Z255YADSBIRW71B7J833860208DTSBRS18129

            
	
              AMOUNT:
      $381,000.00

            
	
              CIN
      W71B7J83386020: $381,000.00

            
	
              CIN
      W71B7J833860200001: $0.00

            
	
              CIN
      W71B7J833860200002: $0.00

            
	
              CIN
      W71B7J833860200003: $0.00

            


    

    


    CLAUSES
INCORPORATED BY REFERENCE

    


    
      	
              252.232-7003

            	
                

            	
              Electronic
      Submission of Payment Requests

            	
                

            	
              MAR
      2007

            	
                

            	 
      


    

    


    CLAUSES
INCORPORATED BY FULL TEXT

    


    52.032-4417  NOTICE
TO PAYMENT OFFICE (SEP 1999)

    


              Payments
shall be disbursed in accordance with this Section G herein.  This
Section associates specific ACRNs with specific CLINs.  In the event a
CLIN contains multiple ACRNs, payments shall be disbursed on a "first expiring
funds" basis, unless otherwise specified.

    


    (End of
clause)

    


    52.032-4429        PAYMENT
AND INVOICE INSTRUCTIONS  (COST TYPE CONTRACTS) (SEP
2007)

    


    The Army
Research Laboratory utilizes the new Department of Defense (DoD) Wide Area
Workflow Receipt and Acceptance (WAWF) system. This web based system located at
https://wawf.eb.mil provides the technology for government contractors and
authorized DoD personnel to generate, capture and process receipt and
payment-related documentation in a paperless environment Invoices for
supplies/services rendered under this contract shall be submitted electronically
through WAWF Submission of hard copy DD250/Invoice/Public Vouchers (SF1034) will
no longer be accepted for payment.

    


    It is
recommended that the person in your company designated as the Central Contractor
Registration (CCR) Electronic Business (EB) Point of Contact (POC) and anyone
responsible for the submission of invoices, use the online training system for
WAWF at http://wawftraining.com

    The
Vendor, Group Administrator (GAM), and sections marked with an asterisk in the
training system should be reviewed. Vendor Quick Reference Guides are also
available at http://www.acquisition.navy.mil/navyaos/content/view/full/3521/).

    


    The most
useful guides are “Getting Started for Vendors”, “WAWF Vendor Guide”, and
“Creating a Cost Voucher Invoice.”


    
      
         


      

      
        
        

        
          

        

      

      
         


      

    

     

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    The
designated CCR EB POC is responsible for activating the company’s CAGE code on
WAWF by calling 1-866-618-5988. Once the company is activated, the CCR EB POC
will self-register on the WAWF and follow the instructions for a group
administrator. After the company is set-upon WAWF, any additional persons
responsible for submitting invoices must self-register at the WAWF https://wawf.eb.mil.

    


    When
processing a specific invoice, the following required information should
automatically fill-in via WAWF; if it does not fill-in, include the
following:

    


    Issue By
DODAAC: W911QX

    


    Admin
DODAAC: S2101A

    


    Pay
DODAAC: HQ0338

    


    DCAA
Auditor DODAAC: HAA310

    


    Service
Approver DODAAC: S2101A

    


    When
processing a specific invoice, there is a requirement for ADDITIONAL EMAIL
NOTIFICATIONS including

    1. Dr.
Thomas Podlesak; 301 394-2293, email: tpodlesak@arl.army.mil

    2.
RDECOMAC-Adelphi@arl.army.mil

    


    After
self-registering and logging on to the WAWF system to process a specific
invoice, click on the plus sign next to the word “Vendor” and then click on the
“Create New Document” link. Enter the contract number, cage code, and Pay DODAAC
(above) and hit submit. Select the “Cost Voucher” invoice type within
WAWF-RA. This type of invoice fulfills any requirement for submission of the
Material Inspection and Receiving Report, DD Form 250. Back up documentation,
5MB limit, can be included and attached to the invoice in WAWF under the “Misc
Info” tab. Fill-in all applicable information under each tab. Take special care
when you enter Line Item information - the Line Item tab is where you will
detail your request for payment and material/services that were provided based
upon the contract.

    


    Be sure
to fill in the following two informational items exactly as they appear in the
contract:

    


    Item
Number: If the contract schedule has more than one ACRN listed as sub items
under the applicable Contract Line Item Number (CLIN), use the 6 character
separately identified Sub Line Item Number (CLIN) (e.g. – 0001AA) or
Informational SLIN (e.g. – 000101), otherwise use the 4 character CLIN (e.g. –
0001).

    ACRN:
Fill-in the applicable 2 alpha character ACRN that is associated with the SLIN
or CLIN. (Note – DO NOT INVOICE FOR MORE THAN IS STILL AVAILABLE UNDER ANY
ACRN).

    


    After all
required information is included, click on the “Submit” button under the
“Header” tab.

    


    “INFORMATIONAL
ASIDE:  Special Payment Instructions for CLIN/SLINs with Multiple
ACRNs/Lines of Accounting: (Note – since WAWF does not accept the use of
multiple ACRNs for any single CLIN or SLIN on one invoice; multiple invoices may
have to be used (the sytem will prompt this) - use the WAWF “Line Item”
“Description” area to note the use of multiple invoices).

    


    For all
invoices submitted against CLINs with multiple Accounting Classification
Reference Numbers (ACRNs), the billing shall be paid from the earliest Fiscal
Year (FY) Appropriation first.  Fiscal Year is determined from
the 3rd
character in the “Appropriation (Critical)” part (Block 6B) of the Line of
Accounting on the Financial Accounting Data Sheet of the contract. In the event
there are multiple ACRNs with the same FY of appropriation, billings shall be
proportionally billed to all ACRNs for that FY in the same ratio that the ACRNs
are obligated.

    


    Helpful
Note: Shipment Number format should be three alpha and 4 numeric (e.g.,
SER0001).


    
      
         


      

      
        
        

        
          

        

      

      
         


      

    

     

    W911QX-09-C-0114

    


    Page 14
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    Note: The
contractor shall submit invoices for payment per contract terms and the
Government shall process invoices for payment per contract terms.

    


    If you
have any questions regarding the WAWF, please contact the Army WAWF Assistance
Line at (toll free) 1-866-598-3560”.

    


    (END OF
PROVISION)


    
      
         


      

      
        
        

        
          

        

      

      
         


      

    
 

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    Page 15
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    Section H
- Special Contract Requirements

    


    CLAUSES
INCORPORATED BY FULL TEXT

    


    52.005-4401
RELEASE OF INFORMATION BY MANUFACTURERS, RESEARCH ORGANIZATIONS, EDUCATIONAL
INSTITUTIONS, AND OTHER COMMERCIAL ENTITIES HOLDING ARMY CONTRACTS (AUG
2006)

    


    Army Regulation AR 360-1, para 5-48 and
Appendix D, prescribes Department of the Army policies on the review and
clearance of materials proposed for release to the public by all entities
holding Army contracts and/or assistance instruments.  This clause is
intended to provide safeguards against the accidental release of proprietary or
classified information.

    


    The contractor shall forward the
information proposed for public release, along with a cover transmittal letter,
identifying the contract/instrument number, the specific information to be
released, the medium to be used, and the purpose of the release, to the
cognizant Contracting Officer’s Representative.  The Government will
have no longer than sixty (60) calendar days to review the proposed release of
information.  During this 60-day period, the contractor and the
Government agree to confer and consult with each other to ensure that no
proprietary or classified information is released.

    


    The contractor shall assure that an
acknowledgment of Government support and disclaimer of Government endorsement as
set forth below shall appear on each publication or presentation of material
based on or developed under this program.  These statements shall
appear either on the title/first page or the final page of such documents
-

    


    "The
research reported in this document/presentation was performed in connection with
contract/instrument W911QX-09-C-0114 with the U.S. Army Research
Laboratory.  The views and conclusions contained in this
document/presentation are those of the authors and should not be interpreted as
presenting the official policies or position, either expressed or implied, of
the U.S. Army Research Laboratory or the U.S. Government unless so designated by
other authorized documents.  Citation of manufacturer’s or trade names
does not constitute an official endorsement or approval of the use
thereof.  The U.S. Government is authorized to reproduce and
distribute reprints for Government purposes notwithstanding any copyright
notation hereon."

    


    (End of
clause)

    


    52.028-4400  REQUIRED
INSURANCE COVERAGE (AUG 1999)

    


             Pursuant
to the clause entitled "Insurance - Work on a Government Installation", FAR
52.228-5, or the clause entitled "Insurance - Liability to Third Persons", FAR
52.228-7, the Contractor shall procure and maintain the following kinds of
insurance coverage in the amounts herein indicated, throughout the period of
performance under this contract.

    


             (a)  The
Contractor shall comply with the Workmen's Compensation statute of the State(s)
where work is to be performed.

    


             (b)  Employer's
Liability Insurance
$       100,000.00.

    


             (c)  General
Liability Insurance (Comprehensive)

    


    
      	
                (1)  Bodily injury   

            	
              $  
      500,000.00

            	
              per
      accident

            


    


    
      
         


      

      
        
        

        
          

        

      

      
         


      

    

     

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             (d)  Automobile
Liability Insurance (Comprehensive)

    


    
      	
                (1)  Bodily injury

            	
              $  
      200,000.00  

            	
              per
      person

            
	 
      	
              $  
      500,000.00  

            	
              per
      accident

            
	
                (2)  Property damage   

            	
              $  
      50,000.00

            	
              per
      accident

            


    

    


    (End of
clause)

    


    52.032-4400  LIMITATION
OF COST/LIMITATION OF FUNDS (AUG 1999)

    


             This
contract is incrementally funded.  The Contract Clauses Section hereof
include both of the FAR clauses at 52.232-20, "Limitation of Cost", and
52.232-22, "Limitation of Funds".  The latter clause is operative as
long as this contract is incrementally funded.  If and when the
contract becomes fully funded, the "Limitation of Cost" clause shall become
effective and the "Limitation of Funds" clause shall cease to be
operative.

    


     (End
of clause)

    


    52.046-4401  KEY
PERSONNEL (FEB 2000)

    


    The
Contractor shall notify the Government in the event of a transition (replacing
or removal) of key personnel (those individuals addressed in the Contractors
proposal) working under this contract.  The Government reserves the
right to review the qualifications of any Contractor personnel proposed to
replace existing personnel and accept/reject the individual based on its
judgement that the individual can perform similarly as the transitioned
personnel.

    


    (End of
clause)



    
      
         


      

      
        
        

        
          

        

      

      
         


      

    

     

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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
      2005

            
	
              52.204-4

            	 
      	
              Printed
      or Copied Double-Sided on Recycled Paper

            	 
      	
              AUG
      2000

            
	
              52.204-7

            	 
      	
              Central
      Contractor Registration

            	 
      	
              JUL
      2006

            
	
              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

            	 
      	
              JUN
      1999

            
	
              52.215-8

            	 
      	
              Order
      of Precedence—Uniform Contract Format

            	 
      	
              OCT
      1997

            
	
              52.215-10

            	 
      	
              Price
      Reduction for Defective Cost or Pricing Data

            	 
      	
              OCT
      1997

            
	
              52.215-11

            	 
      	
              Price
      Reduction for Defective Cost or Pricing Data—Modifications

            	 
      	
              OCT
      1997

            
	
              52.215-12

            	 
      	
              Subcontractor
      Cost or Pricing Data

            	 
      	
              OCT
      1997

            
	
              52.215-13

            	 
      	
              Subcontractor
      Cost or Pricing Data—Modifications

            	 
      	
              OCT
      1997

            
	
              52.215-14
      Alt I

            	 
      	
              Integrity
      of Unit Prices (Oct 1997) -  Alternate I

            	 
      	
              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

            
	
              52.215-19

            	 
      	
              Notification
      of Ownership Changes

            	 
      	
              OCT
      1997

            
	
              52.215-21

            	 
      	
              Requirements
      for Cost or Pricing Data or Information Other Than Cost or Pricing
      Data—Modifications

            	 
      	
              OCT
      1997

            
	
              52.216-8

            	 
      	
              Fixed
      Fee

            	 
      	
              MAR
      1997

            
	
              52.219-6

            	 
      	
              Notice
      Of Total Small Business Set-Aside

            	 
      	
              JUN
      2003

            
	
              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 of the 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

            
	
              52.223-14

            	 
      	
              Toxic
      Chemical Release Reporting

            	 
      	
              AUG
      2003

            
	
              52.225-13

            	 
      	
              Restrictions
      on Certain Foreign Purchases

            	 
      	
              FEB
      2006

            
	
              52.226-1

            	 
      	
              Utilization
      Of Indian Organizations And Indian-Owned Economic
    Enterprises

            	 
      	
              JUN
      2000

            
	
              52.227-1
      Alt I

            	 
      	
              Authorization
      And Consent (Jul 1995) -  Alternate I

            	 
      	
              APR
      1984

            
	
              52.227-2

            	 
      	
              Notice
      And Assistance Regarding Patent And Copyright Infringement

            	 
      	
              AUG
      1996

            
	
              52.228-7

            	 
      	
              Insurance—Liability
      To Third Persons

            	 
      	
              MAR
      1996

            


    

     

    
      
         


      

      
        
        

        
          

        

      

      
         


      

    

     

      W911QX-09-C-0114

      


      Page 18
of 36

    

     

    
      	
              52.232-9

            	 
      	
              Limitation
      On Withholding Of Payments

            	 
      	
              APR
      1984

            
	
              52.232-17

            	 
      	
              Interest

            	 
      	
              JUN
      1996

            
	
              52.232-20

            	 
      	
              Limitation
      Of Cost

            	 
      	
              APR
      1984

            
	
              52.232-22

            	 
      	
              Limitation
      Of Funds

            	 
      	
              APR
      1984

            
	
              52.232-23

            	 
      	
              Assignment
      Of Claims

            	 
      	
              JAN
      1986

            
	
              52.232-25
      Alt I

            	 
      	
              Prompt
      Payment (Oct 2003) Alternate I

            	 
      	
              FEB
      2002

            
	
              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

            
	
              52.242-1

            	 
      	
              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

            
	
              52.243-2
      Alt V

            	 
      	
              Changes—Cost-Reimbursement
      (Aug 1987) -  Alternate V

            	 
      	
              APR
      1984

            
	
              52.244-5

            	 
      	
              Competition
      In Subcontracting

            	 
      	
              DEC
      1996

            
	
              52.244-6

            	 
      	
              Subcontracts
      for Commercial Items

            	 
      	
              MAR
      2007

            
	
              52.245-1

            	 
      	
              Government
      Property

            	 
      	
              JUN
      2007

            
	
              52.245-9

            	 
      	
              Use
      And Charges

            	 
      	
              JUN
      2007

            
	
              52.246-25

            	 
      	
              Limitation
      Of Liability—Services

            	 
      	
              FEB
      1997

            
	
              52.247-67

            	 
      	
              Submission
      Of Transportation Documents For Audit

            	 
      	
              FEB
      2006

            
	
              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

            
	
              252.203-7001

            	 
      	
              Prohibition
      On Persons Convicted of Fraud or Other Defense-Contract-Related
      Felonies

            	 
      	
              DEC
      2004

            
	
              252.204-7000

            	 
      	
              Disclosure
      Of Information

            	 
      	
              DEC
      1991

            
	
              252.204-7003

            	 
      	
              Control
      Of Government Personnel Work Product

            	 
      	
              APR
      1992

            
	
              252.204-7004
      Alt A

            	 
      	
              Central
      Contractor Registration (52.204-7) Alternate A

            	 
      	
              NOV
      2003

            
	
              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

            
	
              252.225-7001

            	 
      	
              Buy
      American Act And Balance Of Payments Program

            	 
      	
              JUN
      2005

            
	
              252.225-7002

            	 
      	
              Qualifying
      Country Sources As Subcontractors

            	 
      	
              APR
      2003

            
	
              252.225-7012

            	 
      	
              Preference
      For Certain Domestic Commodities

            	 
      	
              JAN
      2007

            
	
              252.227-7016

            	 
      	
              Rights
      in Bid or Proposal Information

            	 
      	
              JUN
      1995

            
	
              252.227-7018

            	 
      	
              Rights
      in Noncommercial Technical Data and Computer Software—Small Business
      Innovation Research (SBIR) Program

            	 
      	
              JUN
      1995

            
	
              252.227-7019

            	 
      	
              Validation
      of Asserted Restrictions—Computer Software

            	 
      	
              JUN
      1995

            
	
              252.227-7030

            	 
      	
              Technical
      Data—Withholding Of Payment

            	 
      	
              MAR
      2000

            
	
              252.227-7034

            	 
      	
              Patents—Subcontracts

            	 
      	
              APR
      1984

            
	
              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

            
	
              252.235-7011

            	 
      	
              Final
      Scientific or Technical Report

            	 
      	
              NOV
      2004

            
	
              252.243-7002

            	 
      	
              Requests
      for Equitable Adjustment

            	 
      	
              MAR
      1998

            
	
              252.247-7023

            	 
      	
              Transportation
      of Supplies by Sea

            	 
      	
              MAY
      2002

            
	
              252.247-7024

            	
                

            	
              Notification
      Of Transportation Of Supplies By Sea

            	
                

            	
              MAR
      2000    

            


    

     

    
      
         


      

      
        
        

        
          

        

      

      
         


      

    

     

      W911QX-09-C-0114

      


      Page 19
of 36

    

     

    CLAUSES
INCORPORATED BY FULL TEXT

    


    52.216-7     ALLOWABLE
COST AND PAYMENT (DEC 2002)

    


    (a)
Invoicing.

    


    (1) The
Government will make payments to the Contractor when requested as work
progresses, but (except for small business concerns) not more often than once
every 2 weeks, in amounts determined to be allowable by the Contracting Officer
in accordance with Federal Acquisition Regulation (FAR) subpart 31.2 in effect
on the date of this contract and the terms of this contract. The Contractor may
submit to an authorized representative of the Contracting Officer, in such form
and reasonable detail as the representative may require, an invoice or voucher
supported by a statement of the claimed allowable cost for performing this
contract.

    


    (2)
Contract financing payments are not subject to the interest penalty provisions
of the Prompt Payment Act. Interim payments made prior to the final payment
under the contract are contract financing payments, except interim payments if
this contract contains Alternate I to the clause at 52.232-25.

    


    (3) The
designated payment office will make interim payments for contract financing on
the 30th day after the designated billing office receives a proper payment
request.

    


    In the
event that the Government requires an audit or other review of a specific
payment request to ensure compliance with the terms and conditions of the
contract, the designated payment office is not compelled to make payment by the
specified due date.

    


    (b)
Reimbursing costs. (1) For the purpose of reimbursing allowable costs (except as
provided in subparagraph (b)(2) of the clause, with respect to pension, deferred
profit sharing, and employee stock ownership plan contributions), the term
"costs" includes only—

    


    (i) Those
recorded costs that, at the time of the request for reimbursement, the
Contractor has paid by cash, check, or other form of actual payment for items or
services purchased directly for the contract;

    


    (ii) When
the Contractor is not delinquent in paying costs of contract performance in the
ordinary course of business, costs incurred, but not necessarily paid,
for—

    


    (A)
Supplies and services purchased directly for the contract and associated
financing payments to subcontractors, provided payments determined due will be
made—

    


    (1) In
accordance with the terms and conditions of a subcontract or invoice;
and

    


    (2)
Ordinarily within 30 days of the submission of the Contractor's payment request
to the Government;

    


    (B)
Materials issued from the Contractor's inventory and placed in the production
process for use on the contract;

    


    (C)
Direct labor;

    


    (D)
Direct travel;

    


    (E) Other
direct in-house costs; and

    


    (F)
Properly allocable and allowable indirect costs, as shown in the records
maintained by the Contractor for purposes of obtaining reimbursement under
Government contracts; and


    
      
         


      

      
        
        

        
          

        

      

      
         


      

    

     

      W911QX-09-C-0114

      


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    (iii) The
amount of financing payments that have been paid by cash, check, or other forms
of payment to subcontractors.

    


    (2)
Accrued costs of Contractor contributions under employee pension plans shall be
excluded until actually paid unless—

    


    (i) The
Contractor's practice is to make contributions to the retirement fund quarterly
or more frequently; and

    


    (ii) The
contribution does not remain unpaid 30 days after the end of the applicable
quarter or shorter payment period (any contribution remaining unpaid shall be
excluded from the Contractor's indirect costs for payment
purposes).

    


    (3)
Notwithstanding the audit and adjustment of invoices or vouchers under paragraph
(g) of this clause, allowable indirect costs under this contract shall be
obtained by applying indirect cost rates established in accordance with
paragraph (d) of this clause.

    


    (4) Any
statements in specifications or other documents incorporated in this contract by
reference designating performance of services or furnishing of materials at the
Contractor's expense or at no cost to the Government shall be disregarded for
purposes of cost-reimbursement under this clause.

    


    (c) Small
business concerns. A small business concern may receive more frequent payments
than every 2 weeks.

    


    (d) Final
indirect cost rates. (1) Final annual indirect cost rates and the appropriate
bases shall be established in accordance with Subpart 42.7 of the Federal
Acquisition Regulation (FAR) in effect for the period covered by the indirect
cost rate proposal.

    


    (2)(i)
The Contractor shall submit an adequate final indirect cost rate proposal to the
Contracting Officer (or cognizant Federal agency official) and auditor within
the 6-month period following the expiration of each of its fiscal years.
Reasonable extensions, for exceptional circumstances only, may be requested in
writing by the Contractor and granted in writing by the Contracting Officer. The
Contractor shall support its proposal with adequate supporting
data.

    


    (ii) The
proposed rates shall be based on the Contractor's actual cost experience for
that period. The appropriate Government representative and the Contractor shall
establish the final indirect cost rates as promptly as practical after receipt
of the Contractor's proposal.

    


    (3) The
Contractor and the appropriate Government representative shall execute a written
understanding setting forth the final indirect cost rates. The understanding
shall specify (i) the agreed-upon final annual indirect cost rates, (ii) the
bases to which the rates apply, (iii) the periods for which the rates apply,
(iv) any specific indirect cost items treated as direct costs in the settlement,
and (v) the affected contract and/or subcontract, identifying any with advance
agreements or special terms and the applicable rates. The understanding shall
not change any monetary ceiling, contract obligation, or specific cost allowance
or disallowance provided for in this contract. The understanding is incorporated
into this contract upon execution.

    


    (4)
Failure by the parties to agree on a final annual indirect cost rate shall be a
dispute within the meaning of the Disputes clause.

    


    (5)
Within 120 days (or longer period if approved in writing by the Contracting
Officer) after settlement of the final annual indirect cost rates for all years
of a physically complete contract, the Contractor shall submit a completion
invoice or voucher to reflect the settled amounts and rates.

    


    (6)(i) If
the Contractor fails to submit a completion invoice or voucher within the time
specified in paragraph (d)(5) of this clause, the Contracting Officer
may—


    
      
         


      

      
        
        

        
          

        

      

      
         


      

    


     

    
      W911QX-09-C-0114

       

    

    Page 21 of 36

     

    (A)
Determine the amounts due to the Contractor under the contract; and

    


    (B)
Record this determination in a unilateral modification to the
contract.

    


    (ii) This
determination constitutes the final decision of the Contracting Officer in
accordance with the Disputes clause.

    


    (e)
Billing rates. Until final annual indirect cost rates are established for any
period, the Government shall reimburse the Contractor at billing rates
established by the Contracting Officer or by an authorized representative (the
cognizant auditor), subject to adjustment when the final rates are established.
These billing rates—

    


    (1) Shall
be the anticipated final rates; and

    


    (2) May
be prospectively or retroactively revised by mutual agreement, at either party's
request, to prevent substantial overpayment or underpayment.

    


    (f)
Quick-closeout procedures. Quick-closeout procedures are applicable when the
conditions in FAR 42.708(a) are satisfied.

    


    (g)
Audit. At any time or times before final payment, the Contracting Officer may
have the Contractor's invoices or vouchers and statements of cost audited. Any
payment may be (1) Reduced by amounts found by the Contracting Officer not to
constitute allowable costs or (2) Adjusted for prior overpayments or
underpayments.

    


    (h) Final
payment. (1) Upon approval of a completion invoice or voucher submitted by the
Contractor in accordance with paragraph (d)(4) of this clause, and upon the
Contractor's compliance with all terms of this contract, the Government shall
promptly pay any balance of allowable costs and that part of the fee (if any)
not previously paid.

    


    (2) The
Contractor shall pay to the Government any refunds, rebates, credits, or other
amounts (including interest, if any) accruing to or received by the Contractor
or any assignee under this contract, to the extent that those amounts are
properly allocable to costs for which the Contractor has been reimbursed by the
Government. Reasonable expenses incurred by the Contractor for securing refunds,
rebates, credits, or other amounts shall be allowable costs if approved by the
Contracting Officer. Before final payment under this contract, the Contractor
and each assignee whose assignment is in effect at the time of final payment
shall execute and deliver—

    


    (i) An
assignment to the Government, in form and substance satisfactory to the
Contracting Officer, of refunds, rebates, credits, or other amounts (including
interest, if any) properly allocable to costs for which the Contractor has been
reimbursed by the Government under this contract; and

    


    (ii) A
release discharging the Government, its officers, agents, and employees from all
liabilities, obligations, and claims arising out of or under this contract,
except—

    


    (A)
Specified claims stated in exact amounts, or in estimated amounts when the exact
amounts are not known;

    


    (B)
Claims (including reasonable incidental expenses) based upon liabilities of the
Contractor to third parties arising out of the performance of this contract;
provided, that the claims are not known to the Contractor on the date of the
execution of the release, and that the Contractor gives notice of the claims in
writing to the Contracting Officer within 6 years following the release date or
notice of final payment date, whichever is earlier; and

    


    (C)
Claims for reimbursement of costs, including reasonable incidental expenses,
incurred by the Contractor under the patent clauses of this contract, excluding,
however, any expenses arising from the Contractor's indemnification of the
Government against patent liability.

    


    (End of
clause)


    
      
         


      

      
        
        

        
          

        

      

      
         



    

    
       

      
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    Page 22 of
36

    


    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 zero 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;

    


    (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.

    


    (End of clause)

    


    52.227-11  
 PATENT
RIGHTS—RETENTION BY THE CONTRACTOR (SHORT FORM) (JUN 1997)

    


    (a)
Definitions.

    


    (1)
"Invention" means any invention or discovery which is or may be patentable or
otherwise protectable under title 35 of the United States Code, or any novel
variety of plant which is or may be protected under the Plant Variety Protection
Act (7 U.S.C. 2321, et seq.).

    


    (2)
"Made" when used in relation to any invention means the conception or first
actual reduction to practice of such invention.

    


    (3)
"Nonprofit organization" means a university or other institution of higher
education or an organization of the type described in section 501(c)(3) of the
Internal Revenue Code of 1954 (26 U.S.C. 501(c)) and exempt from taxation under
section 501(a) of the Internal Revenue Code (26 U.S.C. 501(a)) or any nonprofit
scientific or educational organization qualified under a state nonprofit
organization statute.


    
      
         


      

      
        
        

        
          

        

      

      
         



    

    
       

      
        W911QX-09-C-0114

         

      

    

    Page 23 of
36

    


    (4)
"Practical application" means to manufacture, in the case of a composition of
product; to practice, in the case of a process or method, or to operate, in the
case of a machine or system; and, in each case, under such conditions as to
establish that the invention is being utilized and that is benefits are, to the
extent permitted by law or Government regulations, available to the public on
reasonable terms.

    


    (5)
"Small business firm" means a small business concern as defined at section 2 of
Pub. L. 85-536 (15 U.S.C. 632) and implementing regulations of the Administrator
of the Small Business Administration. For the purpose of this clause, the size
standards for small business concerns involved in Government procurement and
subcontracting at 13 CFR 121.3-8 and 13 CFR 121.3-12, respectively, will be
used.

    


    (6)
"Subject invention" means any invention of the contractor conceived or first
actually reduced to practice in the performance of work under this contract,
provided that in the case of a variety of plant, the date of determination (as
defined in section 41(d) of the Plant Variety Protection Act, 7 U.S.C. 2401(d))
must also occur during the period of contract performance.

    


    (b)
Allocation of principal rights. The Contractor may retain the entire right,
title, and interest throughout the world to each subject invention subject to
the provisions of this clause and 35 U.S.C. 203. With respect to any subject
invention in which the Contractor retains title, the Federal Government shall
have a nonexclusive, nontransferable, irrevocable, paid-up license to practice
or have practiced for or on behalf of the United States the subject invention
throughout the world.

    


    (c)
Invention disclosure, election of title, and filing of patent application by
Contractor. (1) The Contractor will disclose each subject invention to the
Federal agency within 2 months after the inventor discloses it in writing to
Contractor personnel responsible for patent matters. The disclosure to the
agency shall be in the form of a written report and shall identify the contract
under which the invention was made and the inventor(s). It shall be sufficiently
complete in technical detail to convey a clear understanding to the extent known
at the time of the disclosure, of the nature, purpose, operation, and the
physical, chemical, biological or electrical characteristics of the invention.
The disclosure shall also identify any publication, on sale or public use of the
invention and whether a manuscript describing the invention has been submitted
for publication and, if so, whether it has been accepted for publication at the
time of disclosure. In addition, after disclosure to the agency, the Contractor
will promptly notify the agency of the acceptance of any manuscript describing
the invention for publication or of any on sale or public use planned by the
Contractor.

    


    (2) The
Contractor will elect in writing whether or not to retain title to any such
invention by notifying the Federal agency within 2 years of disclosure to the
Federal agency. However, in any case where publication, on sale or public use
has initiated the 1-year statutory period wherein valid patent protection can
still be obtained in the United States, the period for election of title may be
shortened by the agency to a date that is no more than 60 days prior to the end
of the statutory period.

    


    (3) The
Contractor will file its initial patent application on a subject invention to
which it elects to retain title within 1 year after election of title or, if
earlier, prior to the end of any statutory period wherein valid patent
protection can be obtained in the United States after a publication, on sale, or
public use. The Contractor will file patent applications in additional countries
or international patent offices within either 10 months of the corresponding
initial patent application or 6 months from the date permission is granted by
the Commissioner of Patents and Trademarks to file foreign patent applications
where such filing has been prohibited by a Secrecy Order.

    


    (4)
Requests for extension of the time for disclosure election, and filing under
subparagraphs (c)(1), (2), and (3) of this clause may, at the discretion of the
agency, be granted.

    


    (d)
Conditions when the Government may obtain title. The Contractor will convey to
the Federal agency, upon written request, title to any subject
invention—

    


    (1) If
the Contractor fails to disclose or elect title to the subject invention within
the times specified in paragraph (c) of this clause, or elects not to retain
title; provided, that the agency may only request title within 60 days after
learning of the failure of the Contractor to disclose or elect within the
specified times.


    
      
         


      

      
        
        

        
          

        

      

      
         



    

    
       

      
        W911QX-09-C-0114

         

      

    

    Page 24 of
36

    
(2) In
those countries in which the Contractor fails to file patent applications within
the times specified in paragraph (c) of this clause; provided, however, that if
the Contractor has filed a patent application in a country after the times
specified in paragraph (c) of this clause, but prior to its receipt of the
written request of the Federal agency, the Contractor shall continue to retain
title in that country.

    


    (3) In
any country in which the Contractor decides not to continue the prosecution of
any application for, to pay the maintenance fees on, or defend in reexamination
or opposition proceeding on, a patent on a subject invention.

    


    (e)
Minimum rights to Contractor and protection of the Contractor right to file. (1)
The Contractor will retain a nonexclusive royalty-free license throughout the
world in each subject invention to which the Government obtains title, except if
the Contractor fails to disclose the invention within the times specified in
paragraph (c) of this clause. The Contractor's license extends to its domestic
subsidiary and affiliates, if any, within the corporate structure of which the
Contractor is a party and includes the right to grant sublicenses of the same
scope to the extent the Contractor was legally obligated to do so at the time
the contract was awarded. The license is transferable only with the approval of
the Federal agency, except when transferred to the successor of that part of the
Contractor's business to which the invention pertains.

    


    (2) The
Contractor's domestic license may be revoked or modified by the funding Federal
agency to the extent necessary to achieve expeditious practical application of
subject invention pursuant to an application for an exclusive license submitted
in accordance with applicable provisions at 37 CFR Part 404 and agency licensing
regulations (if any). This license will not be revoked in that field of use or
the geographical areas in which the Contractor has achieved practical
application and continues to make the benefits of the invention reasonably
accessible to the public. The license in any foreign country may be revoked or
modified at the discretion of the funding Federal agency to the extent the
Contractor, its licensees, or the domestic subsidiaries or affiliates have
failed to achieve practical application in that foreign country.

    


    (3)
Before revocation or modification of the license, the funding Federal agency
will furnish the Contractor a written notice of its intention to revoke or
modify the license, and the Contractor will be allowed 30 days (or such other
time as may be authorized by the funding Federal agency for good cause shown by
the Contractor) after the notice to show cause why the license should not be
revoked or modified. The Contractor has the right to appeal, in accordance with
applicable regulations in 37 CFR Part 404 and agency regulations, if any,
concerning the licensing of Government-owned
inventions, any decision concerning the revocation or modification of the
license.

    


    (f)
Contractor action to protect the Government's interest. (1) The Contractor
agrees to execute or to have executed and promptly deliver to the Federal agency
all instruments necessary to (i) establish or confirm the rights the Government
has throughout the world in those subject inventions to which the Contractor
elects to retain title, and (ii) convey title to the Federal agency when
requested under paragraph (d) of this clause and to enable the Government to
obtain patent protection throughout the world in that subject
invention.

    


    (2) The
Contractor agrees to require, by written agreement, its employees, other than
clerical and nontechnical employees, to disclose promptly in writing to
personnel identified as responsible for the administration of patent matters and
in a format suggested by the Contractor each subject invention made under
contract in order that the Contractor can comply with the disclosure provisions
of paragraph (c) of this clause, and to execute all papers necessary to file
patent applications on subject inventions and to establish the Government's
rights in the subject inventions. This disclosure format should require, as a
minimum, the information required by subparagraph (c)(1) of this clause. The
Contractor shall instruct such employees, through employee agreements or other
suitable educational programs, on the importance of reporting inventions in
sufficient time to permit the filing of patent applications prior to U.S. or
foreign statutory bars.

    


    (3) The
Contractor will notify the Federal agency of any decisions not to continue the
prosecution of a patent application, pay maintenance fees, or defend in a
reexamination or opposition proceeding on a patent, in any country, not less
than 30 days before the expiration of the response period required by the
relevant patent office.


    
      
         


      

      
        
        

        
          

        

      

      
         



    

    
       

      
        W911QX-09-C-0114

         

      

    

    Page 25 of
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    (4) The
Contractor agrees to include, within the specification of any United States
patent application and any patent issuing thereon covering a subject invention,
the following statement, "This invention was made with Government support under
(identify the contract) awarded by (identify the Federal agency). The Government
has certain rights in the invention."

    


    (g)
Subcontracts. (1) The Contractor will include this clause, suitably modified to
identify the parties, in all subcontracts, regardless of tier, for experimental,
developmental, or research work to be performed by a small business firm or
domestic nonprofit organization. The subcontractor will retain all rights
provided for the Contractor in this clause, and the Contractor will not, as part
of the consideration for awarding the subcontract, obtain rights in the
subcontractor's subject inventions.

    


    (2) The
Contractor will include in all other subcontracts, regardless of tier, for
experimental, developmental, or research work the patent rights clause required
by Subpart 27.3.

    


    (3) In
the case of subcontracts, at any tier, the agency, subcontractor, and the
Contractor agree that the mutual obligations of the parties created by this
clause constitute a contract between the subcontractor and the Federal agency
with respect to the matters covered by the clause; provided, however, that
nothing in this paragraph is intended to confer any jurisdiction under the
Contract Disputes Act in connection with proceedings under paragraph (j) of this
clause.

    


    (h)
Reporting on utilization of subject inventions. The Contractor agrees to submit,
on request, periodic reports no more frequently than annually on the utilization
of a subject invention or on efforts at obtaining such utilization that are
being made by the Contractor or its licensees or assignees. Such reports shall
include information regarding the status of development, date of first
commercial sale or use, gross royalties received by the Contractor, and such
other data and information as the agency may reasonably specify. The Contractor
also agrees to provide additional reports as may be requested by the agency in
connection with any march-in proceeding undertaken by the agency in accordance
with paragraph (j) of this clause. As required by 35 U.S.C. 202(c)(5), the
agency agrees it will not disclose such information to persons outside the
Government without permission of the Contractor.

    


    (i)
Preference for United States industry. Notwithstanding any other provision of
this clause, the Contractor agrees that neither it nor any assignee will grant
to any person the exclusive right to use or sell any subject invention in the
United States unless such person agrees that any product embodying the subject
invention or produced through the use of the subject invention will be
manufactured substantially in the United States. However, in individual cases,
the requirement for such an agreement may be waived by the Federal agency upon a
showing by the Contractor or its assignee that reasonable but unsuccessful
efforts have been made to grant licenses on similar terms to potential licensees
that would be likely to manufacture substantially in the United States or that
under the circumstances domestic manufacture is not commercially
feasible.

    


    (j)
March-in rights. The Contractor agrees that, with respect to any subject
invention in which it has acquired title, the Federal agency has the right in
accordance with the procedures in 37 CFR 401.6 and any supplemental regulations
of the agency to require the Contractor, an assignee or exclusive licensee of a
subject invention to grant a nonexclusive, partially exclusive, or exclusive
license in any field of use to a responsible applicant or applicants, upon terms
that are reasonable under the circumstances, and if the Contractor, assignee, or
exclusive licensee refuses such a request the Federal agency has the right to
grant such a license itself if the Federal agency determines that—

    


    (1) Such
action is necessary because the Contractor or assignee has not taken, or is not
expected to take within a reasonable time, effective steps to achieve practical
application of the subject invention in such field of use;

    


    (2) Such
action is necessary to alleviate health or safety needs which are not reasonably
satisfied by the Contractor, assignee, or their licensees;


    
      
         


      

      
        
        

        
          

        

      

      
         



    

    
       

      
        W911QX-09-C-0114

         

      

    

    Page 26 of
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    (3) Such
action is necessary to meet requirements for public use specified by Federal
regulations and such requirements are not reasonably satisfied by the
Contractor, assignee, or licensees; or

    


    (4) Such
action is necessary because the agreement required by paragraph (i) of this
clause has not been obtained or waived or because a licensee of the exclusive
right to use or sell any subject invention in the United States is in breach of
such agreement.

    


    (k)
Special provisions for contracts with nonprofit organizations. If the Contractor
is a nonprofit organization, it agrees that—

    


    (1)
Rights to a subject invention in the United States may not be assigned without
the approval of the Federal agency, except where such assignment is made to an
organization which has as one of its primary functions the management of
inventions; provided, that such assignee will be subject to the same provisions
as the Contractor;

    


    (2) The
Contractor will share royalties collected on a subject invention with the
inventor, including Federal employee co-inventors (when the agency deems it
appropriate) when the subject invention is assigned in accordance with 35 U.S.C.
202(e) and 37 CFR 401.10;

    


    (3) The
balance of any royalties or income earned by the Contractor with respect to
subject inventions, after payment of expenses (including payments to inventors)
incidental to the administration of subject inventions will be utilized for the
support of scientific research or education; and

    


    (4) It
will make efforts that are reasonable under the circumstances to attract
licensees of subject inventions that are small business firms, and that it will
give a preference to a small business firm when licensing a subject invention if
the Contractor determines that the small business firm has a plan or proposal
for marketing the invention which, if executed, is equally as likely to bring
the invention to practical application as any plans or proposals from applicants
that are not small business firms; provided, that the Contractor is also
satisfied that the small business firm has the capability and resources to carry
out its plan or proposal. The decision whether to give a preference in any
specific case will be at the discretion of the contractor. However, the
Contractor agrees that the Secretary of Commerce may review the Contractor's
licensing program and decisions regarding small business applicants, and the
Contractor will negotiate changes to its licensing policies, procedures, or
practices with the Secretary of Commerce when the Secretary's review discloses
that the Contractor could take reasonable steps to more effectively implement
the requirements of this subparagraph (k)(4).

    


    (l)
Communications.

    


    None
Applicable.

    


    (End of
clause)

    


    52.244-2      SUBCONTRACTS
(JUN 2007)

    


    (a)
Definitions. As used in this clause—

    


    Approved
purchasing system means a Contractor's purchasing system that has been reviewed
and approved in accordance with Part 44 of the Federal Acquisition Regulation
(FAR).

    


    Consent
to subcontract means the Contracting Officer's written consent for the
Contractor to enter into a particular subcontract.


    
      
         


      

      
        
        

        
          

        

      

      
         



    

     

    
      W911QX-09-C-0114

       

    

    Page 27 of
36

    


    Subcontract
means any contract, as defined in FAR Subpart 2.1, entered into by a
subcontractor to furnish supplies or services for performance of the prime
contract or a subcontract. It includes, but is not limited to, purchase orders,
and changes and modifications to purchase orders.

    


    (b) When this clause is included in a fixed-price type contract,
consent to subcontract is required only on unpriced contract actions (including
unpriced modifications or unpriced delivery orders), and only if required in
accordance with paragraph (c) or (d) of this clause.

    


    (c) If
the Contractor does not have an approved purchasing system, consent to
subcontract is required for any subcontract that—

    


    (1) Is of
the cost-reimbursement, time-and-materials, or labor-hour type; or

    


    (2) Is
fixed-price and exceeds—

    


    (i) For a
contract awarded by the Department of Defense, the Coast Guard, or the National
Aeronautics and Space Administration, the greater of the simplified acquisition
threshold or 5 percent of the total estimated cost of the contract;
or

    


    (ii) For
a contract awarded by a civilian agency other than the Coast Guard and the
National Aeronautics and Space Administration, either the simplified acquisition
threshold or 5 percent of the total estimated cost of the contract.

    


    (d) If
the Contractor has an approved purchasing system, the Contractor nevertheless
shall obtain the Contracting Officer’s written consent before placing the
following subcontracts:

    


    None
Applicable.

    


    (e)(1) The Contractor shall notify the Contracting Officer
reasonably in advance of placing any subcontract or modification thereof for
which consent is required under paragraph (b), (c), or (d) of this clause,
including the following information:

    


    (i) A
description of the supplies or services to be subcontracted.

    


    (ii)
Identification of the type of subcontract to be used.

    


    (iii)
Identification of the proposed subcontractor.

    


    (iv) The
proposed subcontract price.

    


    (v) The
subcontractor’s current, complete, and accurate cost or pricing data and
Certificate of Current Cost or Pricing Data, if required by other contract
provisions.

    


    (vi) The
subcontractor’s Disclosure Statement or Certificate relating to Cost Accounting
Standards when such data are required by other provisions of this
contract.

    


    (vii) A
negotiation memorandum reflecting—

    


    (A) The
principal elements of the subcontract price negotiations;

    


    (B) The
most significant considerations controlling establishment of initial or revised
prices;

    


    (C) The
reason cost or pricing data were or were not required;


    
      
         


      

      
        
        

        
          

        

      

      
         



    

    
       

      
        W911QX-09-C-0114

         

      

    

    Page 28 of
36

    


    (D) The
extent, if any, to which the Contractor did not rely on the subcontractor’s cost
or pricing data in determining the price
objective and in negotiating the final price;

    


    (E) The
extent to which it was recognized in the negotiation that the subcontractor’s
cost or pricing data were not accurate, complete, or current; the action taken
by the Contractor and the subcontractor; and the effect of any such defective
data on the total price negotiated;

    


    (F) The
reasons for any significant difference between the Contractor’s price objective
and the price negotiated; and

    


    (G) A
complete explanation of the incentive fee or profit plan when incentives are
used. The explanation shall identify each critical performance element,
management decisions used to quantify each incentive element, reasons for the
incentives, and a summary of all trade-off possibilities
considered.

    


    (2) The
Contractor is not required to notify the Contracting Officer in advance of
entering into any subcontract for which consent is not required under
paragraph (c), (d), or (e) of this clause.

    


    (f)
Unless the consent or approval specifically provides otherwise, neither consent
by the Contracting Officer to any subcontract nor approval of the Contractor’s
purchasing system shall constitute a determination—

    


    (1) Of
the acceptability of any subcontract terms or conditions;

    


    (2) Of
the allowability of any cost under this contract; or

    


    (3) To
relieve the Contractor of any responsibility for performing this
contract.

    


    (g) No
subcontract or modification thereof placed under this contract shall provide for
payment on a cost-plus-a-percentage-of-cost basis, and any fee payable under
cost-reimbursement type subcontracts shall not exceed the fee limitations in FAR
15.404-4(c)(4)(i).

    


    (h) The
Contractor shall give the Contracting Officer immediate written notice of any
action or suit filed and prompt notice of any claim made against the Contractor
by any subcontractor or vendor that, in the opinion of the Contractor, may
result in litigation related in any way to this contract, with respect to which
the Contractor may be entitled to reimbursement from the
Government.

    


    (i) The
Government reserves the right to review the Contractor’s purchasing system as
set forth in FAR Subpart 44.3.

    


    (j)
Paragraphs (c) and (e) of this clause do not apply to the following
subcontracts, which were evaluated during negotiations:

    


    Not
Applicable.

    


    (End of
clause)

    


    52.247-1     
COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006)

    


    When the
Contracting Officer authorizes supplies to be shipped on a commercial bill of
lading and the Contractor will be reimbursed these transportation costs as
direct allowable costs, the Contractor shall ensure before shipment is made that
the commercial shipping documents are annotated with either of the following
notations, as appropriate:


    
      
         


      

      
        
        

        
          

        

      

      
         



    

    
       

      
        W911QX-09-C-0114

         

        
        

      

    

    Page 29 of
36


    
 

    (a) If
the Government is shown as the consignor or the consignee, the annotation shall
be:

    


    "Transportation
is for the Department
of Defense and the actual total transportation charges paid to the
carrier(s) by the consignor or consignee are assignable to, and shall be
reimbursed by, the Government."

    


    (b) If
the Government is not shown as the consignor or the consignee, the annotation
shall be:

    


    "Transportation
is for the Department
of Defense and the actual total transportation charges paid to the
carrier(s) by the consignor or consignee shall be reimbursed by the Government,
pursuant to cost-reimbursement contract no. W911QX-09-C-0114.  This
may be confirmed by contacting DCM – Maryland, 217 East Red Wood Street, Suite 
1800, Baltimore, MD
21202-5299."

    


    (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/VFDFARa.htm

    http://www.arnet.gov/far

    


    (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, Development and Engineering Command (RDECOM) Contracting Center
under Contract No. W911QX-09-C-0114.

    


    (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, Development and
Engineering Command (RDECOM) Contracting Center.


    
      
         


      

      
        
        

        
          

        

      

      
         



    

    
       

      
        W911QX-09-C-0114

         

      

    

    Page 30 of
36

    


    Section J
- List of Documents, Exhibits and Other Attachments

    


    Exhibit/Attachment
Table of Contents

    


    
      
        
          
            	
                    DOCUMENT TYPE 

                  	
                    DESCRIPTION 

                  	
                      PAGES 

                  	
                    DATE 

                  
	
                    Exhibit A 

                  	
                    DD Form 1423 & Report  

                    Cover Page 

                  	
                      7 

                  	
                    24-JUL-2009 

                  
	
                    Attachment 1 

                  	
                    Evidence of Bilateral

                    Award 

                  	
                      1 

                  	 
      


          

        

      

    

    


    DD 1423
CDRL

    


    
      
        
          
            
              
                
                  
                    
                      
                        
                          
                            
                              
                                
                                  
                                    
                                      
                                        
                                          
                                            
                                              
                                                
                                                  
                                                    
                                                      
                                                        
                                                          
                                                            
                                                              
                                                                
                                                                  
                                                                    
                                                                      
                                                                        
                                                                          
                                                                            
                                                                              
                                                                                
                                                                                  
                                                                                    	 	 
	
                                                                                            CONTRACT
      DATA REQUIREMENTS LIST

                                                                                            (1
      Data Item)

                                                                                          	
                                                                                            Form
      Approved

                                                                                            OMB
      No. 0704-0188

                                                                                          
	
                                                                                            The
      public reporting burden for this collection of information is estimated to average 110 hours per response, including the
      time for reviewing instructions, searching existing data sources,
      gathering and maintaining the data needed, and completing and reviewing
      the collecton of information.  Send comments regarding this
      burden estimate or any other aspect of this collection of information,
      including suggestions for reducing the burden, to the Department of
      Defense, Executive Services and Communications Directorate
      (0704-1088).  Respondents should be aware that notwithstanding
      any other provision of law, no person shall be subject to any penalty for
      failing to comply with a collection of information if it does not display
      a currently valid OMB control number.  Please do not return your
      form to the above organization.  Send completed form to the
      Government Issuing Contracting Officer for the Contract/PR No. Listed in
      Block E.

                                                                                          
	 
	
                                                                                            A. CONTRACT LINE ITEM NO.

                                                                                            CLIN
      0002

                                                                                          	
                                                                                            B.
      EXHIBIT

                                                                                            A

                                                                                          	
                                                                                            C.
      CATEGORY:

                                                                                            















    TDP_____
         TM ______  OTHER:
        MGMT

                                                                                          
	
                                                                                            D.
      SYSTEM/ITEM

                                                                                            INNOVATIVE
      MOTOR AND GENERATOR

                                                                                            TECHNOLOGIES

                                                                                          	
                                                                                            E.
      CONTRACT/PR NO.

                                                                                            W911QX-09-C-0114

                                                                                          	
                                                                                            F.
      CONTRACTOR

                                                                                            NUGEN
      MOBILITY, INC.

                                                                                          
	
                                                                                            1.
      DATA ITEM NO.

                                                                                            A001

                                                                                          	
                                                                                            2.
      TITLE OF DATA ITEM

                                                                                            STATUS
      REPORT

                                                                                          	
                                                                                            3.
      SUBTITLE

                                                                                            MONTHLY
      STATUS REPORTS

                                                                                          
	
                                                                                            















4. AUTHORITY (Data Acquisition Document No.) 



                                                                                            DI-MGMT-80368A

                                                                                          	
                                                                                            5.
      CONTRACT REFERENCE

                                                                                            SOW   C.4.1

                                                                                          	
                                                                                            6.
      REQUIRING OFFICE

                                                                                            RDRL-SED-E

                                                                                          
	
                                                                                            7.
      DD 250 REQ

                                                                                            LT

                                                                                          	
                                                                                            9. DIST
      STATEMENT

                                                                                            REQUIRED

                                                                                             

                                                                                            B

                                                                                          	
                                                                                            10.
      FREQUENCY

                                                                                            MONTHLY

                                                                                          	
                                                                                            12. DATE OF FIRST SUBMISSION

                                                                                            NLT
      45 DAYS ACA

                                                                                          	
                                                                                            14.           DISTRIBUTION

                                                                                          
	
                                                                                             

                                                                                            a.
      ADDRESSEE

                                                                                          	
                                                                                            b.
      COPIES

                                                                                          
	
                                                                                            8.
      APP CODE

                                                                                            N/A

                                                                                          	
                                                                                            11.
      AS OF DATE

                                                                                             N/A

                                                                                          	
                                                                                            13.
      DATE OF SUBSEQUENT

                                                                                            















SUBMISSION   SEE
      BLK
      16

                                                                                          	
                                                                                            Draft

                                                                                          	
                                                                                            Final

                                                                                          
	
                                                                                            Reg

                                                                                          	
                                                                                            Repro

                                                                                          
	
                                                                                            16.
      REMARKS

                                                                                             

                                                                                            BLK
      4:  IN ADDITION TO PAPER COPIES, EACH REPORT SHALL BE DELIVERED
      ELECTRONICALLY IN A MEDIA SELECTED BY THE GOVERNMENT  AT TIME OF
      DELIVERY.  MEDIA TYPES WHICH CAN BE ACCEPTED
      INCLUDE:  FTP (FILE TRANSFER PROTOCOL), CD-ROM, DVD-ROM AND USB
      THUMB DRIVE.

                                                                                             

                                                                                            BLK
      13:  SUBSEQUENT SUBMISSIONS SHALL BE MADE NLT THE 10TH DAY OF
      THE MONTH FOLLOWING THE PERIOD OF PERFORMANCE REPORTING ON.

                                                                                             

                                                                                          	
                                                                                            CCRD-AD-PO

                                                                                          	
                                                                                            0

                                                                                          	
                                                                                            0

                                                                                          	
                                                                                            0

                                                                                          
	
                                                                                            COPY
      OF LTR

                                                                                          	
                                                                                            0

                                                                                          	
                                                                                            0

                                                                                          	
                                                                                            0

                                                                                          
	
                                                                                            RDRL-SED-E

                                                                                          	
                                                                                            0

                                                                                          	
                                                                                            1

                                                                                          	
                                                                                            1

                                                                                          
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	
                                                                                            15.
      TOTAL

                                                                                          	
                                                                                            0

                                                                                          	
                                                                                            1

                                                                                          	
                                                                                            1

                                                                                          
	
                                                                                            G.
      PREPARED BY

                                                                                             

                                                                                                             THOMAS
      PODLESAK

                                                                                          	
                                                                                            H.
      DATE

                                                                                             

                                                                                            















  24
      June
      2009

                                                                                          	
                                                                                            I.
      APPROVED BY

                                                                                             

                                                                                                                  NORMAN
      LEKANG

                                                                                          	
                                                                                            J.
      DATE

                                                                                             

                                                                                                24
      June
2009

                                                                                          


                                                                                  

                                                                                

                                                                              

                                                                            

                                                                          

                                                                        

                                                                      

                                                                    

                                                                  

                                                                

                                                              

                                                            

                                                          

                                                        

                                                      

                                                    

                                                  

                                                

                                              

                                            

                                          

                                        

                                      

                                    

                                  

                                

                              

                            

                          

                        

                      

                    

                  

                

              

            

          

        

      

    

    DD FORM
1423-1, FEB
2001                                                         PREVIOUS
EDITION MAY BE
USED.            Page  1
of  5      Pages


    
      
         


      

      
        
        

        
          

        

      

      
         



    

     

    
      
        W911QX-09-C-0114

        


        Page 32
of 36

         

      

      
        	
                CONTRACT
      DATA REQUIREMENTS LIST

                (1
      Data Item)

              	
                Form
      Approved

                OMB
      No. 0704-0188

              
	
                The
      public reporting burden for this collection of information is estimated to
      average 110 hours per response, including the time for reviewing
      instructions, searching existing data sources, gathering and maintaining
      the data needed, and completing and reviewing the collecton of
      information.  Send comments regarding this burden estimate or
      any other aspect of this collection of information, including suggestions
      for reducing the burden, to the Department of Defense, Executive Services
      and Communications Directorate (0704-1088).  Respondents should
      be aware that notwithstanding any other provision of law, no person shall
      be subject to any penalty for failing to comply with a collection of
      information if it does not display a currently valid OMB control
      number.  Please do not return your form to the above
      organization.  Send completed form to the Government Issuing
      Contracting Officer for the Contract/PR No. Listed in Block
    E.

              
	
                A.
      CONTRACT LINE ITEM NO.

                CLIN
      0002

              	
                B.
      EXHIBIT

                A

              	
                C.
      CATEGORY:

                    TDP_____
         TM ______  OTHER:  MISC

              
	
                D.
      SYSTEM/ITEM

                INNOVATIVE
      MOTOR AND GENERATOR TECHNOLOGIES

              	
                E.
      CONTRACT/PR NO.

                W911QX-09-C-0114

              	
                F.
      CONTRACTOR

                NUGEN
      MOBILITY, INC.

              
	
                1.
      DATA ITEM NO.

                A003

              	
                2.
      TITLE OF DATA ITEM

                SCIENTIFIC
      AND TECHNICAL REPORTS SUMMARY

              	
                3.
      SUBTITLE

                INTERIM
      ANNUAL REPORT

              
	
                4. AUTHORITY (Data
      Acquisition Document
      No.)

                DI-MISC-80048

              	
                5.
      CONTRACT REFERENCE

                SOW  C.4.3

              	
                6.
      REQUIRING OFFICE

                RDRL-SED-E

              
	
                7.
      DD 250 REQ

                LT

              	
                9.
      DIST STATEMENT

                REQUIRED

                 

                B

              	
                10.
      FREQUENCY

                1-TIME

              	
                12.
      DATE OF FIRST SUBMISSION

                NLT
      12 MONTHS ACA

              	
                14.           DISTRIBUTION

              
	
                
                   

                

                a.
      ADDRESSEE

              	
                b.
      COPIES

              
	
                8.
      APP CODE

                N/A

              	
                11.
      AS OF DATE

                 N/A

              	
                13.
      DATE OF SUBSEQUENT

                SUBMISSION   N/A

              	
                Draft

              	
                Final

              
	
                Reg

              	
                Repro

              
	
                16.
      REMARKS

              	
                CCRD-AD-PO

              	
                0

              	
                0

              	
                0

              
	 
      	
                COPY
      OF LTR

              	
                0

              	
                0

              	
                0

              
	
                BLK
      4:  IN ADDITION TO PAPER COPIES, EACH REPORT SHALL BE DELIVERED
      ELECTRONICALLY IN A MEDIA SELECTED BY THE GOVERNMENT  AT TIME OF
      DELIVERY.  MEDIA TYPES WHICH CAN BE ACCEPTED
      INCLUDE:  FTP (FILE TRANSFER PROTOCOL), CD-ROM, DVD-ROM AND USB
      THUMB DRIVE.

              	
                RDRL-SED-E

              	
                0

              	
                1

              	
                1

              
	
                
                   

                

              	
                
                   

                

              	
                
                   

                

              	
                
                  
                     

                  

                

              
	
                
                   

                

              	
                
                   

                

              	
                
                   

                

              	
                
                   

                

              
	
                
                   

                

              	
                
                   

                

              	
                
                   

                

              	
                
                   

                

              
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	
                15.
      TOTAL

              	
                0

              	
                1

              	
                1

              
	
                G.
      PREPARED BY

                 

                THOMAS
      PODLESAK

              	
                H.
      DATE

                 

                24
      June 2009

              	
                I.
      APPROVED BY

                 

                NORMAN
      LEKANG

              	
                J.
      DATE

                 

                24
      June 2009

              


      

      


      
        
          	
                  DD
      FORM 1423-1, FEB 2001

                	
                  PREVIOUS
      EDITION MAY BE USED.

                	
                  Page 3  of  5    Pages

                


        

      

      


      
        
          
          

        

        
          
          

          
            

          

        

        
          
          

        

      

      
          

        W911QX-09-C-0114

         

        Page 33
of 36

         

      

      
        
          
            
              
                
                  
                    	
                            CONTRACT
      DATA REQUIREMENTS LIST

                            (1
      Data Item)

                          	
                            Form
      Approved

                            OMB
      No. 0704-0188

                          
	
                            The
      public reporting burden for this collection of information is estimated to
      average 110 hours per response, including the time for reviewing
      instructions, searching existing data sources, gathering and maintaining
      the data needed, and completing and reviewing the collecton of
      information.  Send comments regarding this burden estimate or
      any other aspect of this collection of information, including suggestions
      for reducing the burden, to the Department of Defense, Executive Services
      and Communications Directorate (0704-1088).  Respondents should
      be aware that notwithstanding any other provision of law, no person shall
      be subject to any penalty for failing to comply with a collection of
      information if it does not display a currently valid OMB control
      number.  Please do not return your form to the above
      organization.  Send completed form to the Government Issuing
      Contracting Officer for the Contract/PR No. Listed in Block
    E.

                          
	
                            A.
      CONTRACT LINE ITEM NO.

                            CLIN
      0002

                          	
                            B.
      EXHIBIT

                            A

                          	
                            C.
      CATEGORY:

                                TDP_____
         TM ______  OTHER:
      MISC

                          
	
                            D.
      SYSTEM/ITEM

                            INNOVATIVE
      MOTOR AND GENERATOR TECHNOLOGIES

                          	
                            E.
      CONTRACT/PR NO.

                            W911QX-09-C-0114

                          	
                            F.
      CONTRACTOR

                            NUGEN
      MOBILITY, INC.

                          
	
                            1.
      DATA ITEM NO.

                            A004

                          	
                            2.
      TITLE OF DATA ITEM

                            SCIENTIFIC
      AND TECHNICAL REPORTS

                          	
                            3.
      SUBTITLE

                            FINAL
      REPORT

                          
	
                            4. AUTHORITY (Data
      Acquisition Document
      No.)

                            DI-MISC-80711A
      (T)

                          	
                            5.
      CONTRACT REFERENCE

                            SOW
      C.4.3

                          	
                            6.
      REQUIRING OFFICE

                            RDRL-SED-E

                          
	
                            7.
      DD 250 REQ

                            DD

                          	
                            9.
      DIST STATEMENT

                            REQUIRED

                             

                            B

                          	
                            10.
      FREQUENCY

                            ONE/R

                          	
                            12.
      DATE OF FIRST SUBMISSION

                            NLT
      30 DAYS PEOC

                          	
                            14.           DISTRIBUTION

                          
	
                             

                            a.
      ADDRESSEE

                          	
                            b.
      COPIES

                          
	
                            8.
      APP CODE

                            A

                          	
                            11.
      AS OF DATE

                             N/A

                          	
                            13.
      DATE OF SUBSEQUENT

                            SUBMISSION   SEE
      BLK 16

                          	
                            Draft

                          	
                            Final

                          
	
                            Reg

                          	
                            Repro

                          
	
                            16.
      REMARKS

                            BLK
      4:  DELETE PARAGRAPH 10.2.  CONTRACTOR FORMAT IS
      ACCEPTABLE.  IN ADDITION TO PAPER COPIES,

                            EACH
      REPORT SHALL BE DELIVERED ELECTRONICALLY IN A MEDIA SELECTED BY THE
      GOVERNMENT  AT

                            TIME
      OF DELIVERY.  MEDIA TYPES WHICH CAN BE ACCEPTED
      INCLUDE:  FTP (FILE TRANSFER PROTOCOL),

                            CD-ROM,
      DVD-ROM AND USB THUMB DRIVE.

                            
                               

                            

                            BLK
      8 AND 12:  THE GOVERNMENT REQUIRES 15 DAYS TO REVIEW/COMMENT ON
      THE DRAFT SUBMISSION.

                            
                               

                            

                            BLK
      13:  FINAL SUBMISSION DUE NLT 15 DAYS AFTER RECEIPT OF
      GOVERNMENT COMMENTS.

                            
                               

                            

                            CONTRACTOR
      SHALL SUBMIT FINAL REPORT WITH COVER AND REVERSE COVER PAGE DEPICTING
      INFORMATION AS SHOWN ON ATTACHMENT 1 AND ATTACHMENT 2.  THE
      CONTRACTOR'S REPORT NUMBER IS 960.  REPORT NUMBER SHALL BE
      AFFIXED APPROXIMATELY AS SHOWN.  UNDER CONTRACT NUMBER ADD FOR
      COTR:

                            
                               

                            

                            UNITED
      STATES ARMY RESEARCH LABORATORY

                            RDRL-SED-E
      (THOMAS PODLESAK)

                            2800
      POWDER MILL ROAD

                            ADELPHI
      MD 20783-1197

                            
                               

                            

                            DTIC
      REPORT COPY TO BE SENT TO:

                            
                               

                            

                            DEFENSE
      TECHNICAL INFORMATION CENTER (DTIC)

                            8725
      JOHN J. KINGMAN ROAD, SUITE 0944

                            ATTN:  DTIC-OCA
      (PAT MAWBY)

                            FORT
      BELVOIR, VA 22060

                            
                               

                            

                            SBIR
      PROGRAM OFFICE COPY TO BE SENT TO:

                            
                               

                            

                            US
      ARMY RESEARCH, DEVELOPMENT AND ENGINEERING COMMAND (RDECOM)

                            ATTN:  SBIR
      PROGRAM OFFICE-FINAL REPORTS

                            6000
      6TH STREET, SUITE 100

                            FORT
      BELVOIR, VA 22060-5608

                            
                               

                            

                          	
                            CCRD-AD-PO

                          	
                            0

                          	
                            1

                          	
                            0

                          
	
                            DTIC

                          	
                            0

                          	
                            1

                          	
                            1

                          
	
                            RDRL-SED-E

                          	
                            1

                          	
                            1

                          	
                            1

                          
	
                            SBIR
      PROGRAM OFFICE

                          	
                            0

                          	
                            0

                          	
                            1

                          
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	
                            15.
      TOTAL

                          	
                            1

                          	
                            3

                          	
                            3

                          
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	
                             

                          	
                             

                          	
                             

                          	
                             

                          
	
                            G.
      PREPARED BY

                             

                            THOMAS
      PODLESAK

                          	
                            H.
      DATE

                             

                            24
      June 2009

                          	
                            I.
      APPROVED BY

                             

                            NORMAN
      LEKANG

                          	
                            J.
      DATE

                             

                            24
      June
2009

                          


                  

                

              

            

          

        

      

      


      
        
          	
                  DD
      FORM 1423-1, FEB 2001

                	
                  PREVIOUS
      EDITION MAY BE USED.

                	
                  Page  4  of
      5    Pages

                


        

      

      


      
        
          
          

        

        
          
          

          
            

          

        

        
          
          

        

      

      
         

        W911QX-09-C-0114

         

        Page 34
of 36


      

      
 

      
        	
                CONTRACT
      DATA REQUIREMENTS LIST

                (1
      Data Item)

              	
                Form
      Approved

                OMB
      No. 0704-0188

              
	
                The
      public reporting burden for this collection of information is estimated to
      average 110 hours per response, including the time for reviewing
      instructions, searching existing data sources, gathering and maintaining
      the data needed, and completing and reviewing the collecton of
      information.  Send comments regarding this burden estimate or
      any other aspect of this collection of information, including suggestions
      for reducing the burden, to the Department of Defense, Executive Services
      and Communications Directorate (0704-1088).  Respondents should
      be aware that notwithstanding any other provision of law, no person shall
      be subject to any penalty for failing to comply with a collection of
      information if it does not display a currently valid OMB control
      number.  Please do not return your form to the above
      organization.  Send completed form to the Government Issuing
      Contracting Officer for the Contract/PR No. Listed in Block
    E.

              
	
                A.
      CONTRACT LINE ITEM NO.

                CLIN
      0002

              	
                B.
      EXHIBIT

                A

              	
                C.
      CATEGORY:

                    TDP_____
         TM ______  OTHER:

              
	
                D.
      SYSTEM/ITEM

                INNOVATIVE
      MOTOR AND GENERATOR TECHNOLOGIES

              	
                E.
      CONTRACT/PR NO.

                W911QX-09-C-0114

              	
                F.
      CONTRACTOR

                NUGEN
      MOBILITY, INC.

              
	
                1.
      DATA ITEM NO.

                A00

              	
                2.
      TITLE OF DATA ITEM

              	
                3.
      SUBTITLE

              
	
                4. AUTHORITY (Data
      Acquisition Document
      No.)

                 

              	
                5.
      CONTRACT REFERENCE

                SOW

              	
                6.
      REQUIRING OFFICE

                RDRL-SED-E

              
	
                7.
      DD 250 REQ

                LT

              	
                9.
      DIST STATEMENT

                REQUIRED

                 

                B

              	
                10.
      FREQUENCY

              	
                12.
      DATE OF FIRST SUBMISSION

              	
                14.           DISTRIBUTION

              
	
                
                   

                

                a.
      ADDRESSEE

              	
                b.
      COPIES

              
	
                8.
      APP CODE

                N/A

              	
                11.
      AS OF DATE

                 N/A

              	
                13.
      DATE OF SUBSEQUENT

                SUBMISSION   SEE
      BLK 16

              	
                Draft

              	
                Final

              
	
                Reg

              	
                Repro

              
	
                16.
      REMARKS

              	
                CCRD-AD-PO

              	 
      	 
      	 
      
	
                COPY
      OF LTR

              	 
      	 
      	 
      
	
                RDRL-SED-E

              	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	 
      	 
      	 
      	 
      
	
                15.
      TOTAL

              	 
      	 
      	 
      
	
                G.
      PREPARED BY

                 

                THOMAS
      PODLESAK

              	
                H.
      DATE

                 

              	
                I.
      APPROVED BY

                 

                NORMAN
      LEKANG

              	
                J.
      DATE

                 

              


      

      


      
        
          	
                  DD
      FORM 1423-1, FEB 2001

                	
                  PREVIOUS
      EDITION MAY BE USED.

                	
                  Page  5 of  5     Pages

                


        

      

      


      
        
          
          

        

        
          
          

          
            

          

        

        
          
          

        

      

      
         

        W911QX-09-C-0114

         

        Page 35
of 36

         

      

      EXHIBIT A
– ATTACHMENT 1

      


      ARMY
RESEARCH LABORATORY


      


      Report
Title Goes Here

      Any
Subtitles Go Here

      


      By Some
Author and Another Author

       

      
        
          

        
 


      
        
          	
                  ARL-CR-XXX

                	 	
                  Month
      XXXX

                


        

      

      


      Prepared
by

      


      Whatever
Technology Corporation

      0000
Research Drive

      Anywhere,
ST  20006-1000

      


      Under
contract

      


      DAAD17-XX-C-XXXX

      


      DISTRIBUTION
STATEMENT GOES HERE

       

      
        
          
          

        

        
          
          

          
            

          

        

        
          
          

        

      

      
         

        W911QX-09-C-0114

        


        Page 36
of 36

         

      

      EXHIBIT A
– ATTACHMENT 2

      


      The findings in this report are not to
be construed as an official Department of the Army position unless so designated
by other authorized documents.

      


      Citation of manufacturer's or trade
names does not constitute an official endorsement or approval of the use
thereof.

      


      DESTRUCTION NOTICE:  For
classified documents, follow the procedures in DoD 5220.22-M, National
Industrial Security Program Operating Manual, Chapter 5, Section
7.  For unclassified, limited documents, destroy by any method that
will prevent disclosure of contents or reconstruction of the
document.

      


      BILATERAL AWD
SIGNATURE