Exhibit 10.34(i)


 




	
  

  	
  [ * ] = CERTAIN
  CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS
  BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION
  PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
  Exhibit 10.34(i) PAGE OF PAGES AWARD/CONTRACT 1. THIS CONTRACT IS A RATED
  ORDER UNDER DPA S (15 CFR 700) RATING 1 31 2. CONTRACT (Proc. Inst. Ident.)
  NO. HDTRA 1-14-C-0003 3. EFFECTIVE DATE 16 Oct 2013 4. REQUISITION/PURCHASE
  REQUEST/PROJECT NO. J9CBM8862 HDTRA1 S 05 07 A 5. ISSUED BY CODE DEFENSE
  THREAT REDUCTION AGENCY/J4C 8725 JOHN J KINGMAN ROAD, MAIL STOP 6201 FORT
  BELVOIR VA 22060-6201 6. ADMINISTERED BY (If other than Item 5) CODE DCMA
  LATHROP P.O. BOX 232 700 EAST ROTH ROAD, BLDG. 330 FRENCH CAPM CA 95231-0232
  8. DELIVERY [ ] FOB ORIGIN [X] OTHER See below) 9. DISCOUNT FOR PROMPT
  PAYMENT 7. NAME AND ADDRESS OF CONTRACTOR (No., street, city, county, state
  and zip code) ANACOR PHARMACEUTICALS INC ERIC EASOM 1060 E. MEADOW CIR PALO
  ALTO CA 94303-4230 CODE 3AY C5 FACILITY CODE 10. SUBMIT INVOICES 1 (4 copies
  unless otherwise specified) TO THE ADDRESS SHOWN IN: ITEM Section G HDTRA1 HQ
  0339 11. SHIP TO / MARK FOR CODE DEFENSE THREAT REDUCTION AGENCY/J9CBM CO’S
  REPRESENTATIVE: SEE SEPARATE LETTER 8725 JOHN J KINGMAN ROAD, MAIL STOP 6201,
  FORT BELVOIR VA 22060 12. PAYMENT WILL BE MADE BY CODE DFAS COLUMBUS CENTER
  DFAS-CO/WEST ENTITLEMENT OPERATIONS P.O. BOX 182381 COLUMBUS OH 43218-2381
  13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION [ ] 10 U.S.C.
  2304(c)( ) [ ] 41 U.S.C. 253(c)( ) 14. ACCOUNTING AND APPROPRIATION DATA See
  Schedule 15A. ITEM NO. 15B. SUPPLIES/SERVICES 15C. QUANTITY 15D. UNIT 15E.
  UNIT PRICE 15F. AMOUNT SEE SCHEDULE 15G. TOTAL AMOUNT OF CONTRACT
  $2,756,968.00 EST 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 CONTRACT CLAUSES B SUPPLIES OR SERVICES AND
  PRICES/ COSTS PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS C
  DESCRIPTION/ SPECS./ WORK STATEMENT J LIST OF ATTACHMENTS D PACKAGING AND
  MARKING PART IV – REPRESENTATIONS AND INSTRUCTIONS E INSPECTION AND
  ACCEPTANCE F DELIVERIES OR PERFORMANCE K REPRESENTATIONS, CERTIFICATIONS AND
  OTHER STATEMENTS OF OFFERORS G CONTRACT ADMINISTRATION DATA L INSTRS.,
  CONDS., AND NOTICES TO OFFERORS H SPECIAL CONTRACT REQUIREMENTS M EVALUATION
  FACTORS FOR AWARD CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS
  APPLICABLE 17. [X] CONTRACATOR’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. [ ] 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) David Perry CEO 20A. NAME OF CONTRACTING
  OFFICER VICTOR E. CRAMER / CONTRACTING OFFICER 19B. NAME OF CONTRACTOR BY /s/
  David Perry (Signature of person authorized to sign) 19C. DATE SIGNED
  10/11/13 20B. UNITED STATES OF AMERICA BY /s/Victor E. Cramer (Signature of
  Contracting Officer) 20C. DATE SIGNED 10/16/2013 

  






 


 








 

Section B - Supplies or Services and Prices

 

	
ITEM NO
    	
 
    	
SUPPLIES/SERVICES
    	
 
    	
QUANTITY
    	
 
    	
UNIT
    	
 
    	
UNIT PRICE
    	
 
    	
AMOUNT
    
	
0001
    	
 
    	
 
    	
 
    	
 
    	
 
    	
Lot
    	
 
    	
 
    	
 
    	
$2,756,968.00
    
	
 
    	
 
    	
Base   Period 

CPFF   

Overcoming   Resistance by the Application of Boron to Ribosomal Inhibitors, in accordance   with the Statement of Work (SOW) dated 29 June 2013 and incorporated   into this contract as Attachment I.  

FOB:   Destination 

PURCHASE   REQUEST NUMBER: J9CBM8862
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
ESTIMATED COST
    	
 
    	
$2,651,657.00 (EST.)
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
FIXED FEE
    	
 
    	
$105,311.00
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
TOTAL EST COST + FEE
    	
 
    	
$2,756,968.00 (EST.)
    
	
 
    	
 
    	
ACRN   AA 

CIN:   J9CBM88620001
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
$2,756,968.00
    


 

	
ITEM NO
    	
 
    	
SUPPLIES/SERVICES
    	
 
    	
QUANTITY
    	
 
    	
UNIT
    	
 
    	
UNIT PRICE
    	
 
    	
AMOUNT
    
	
0002
    	
 
    	
 
    	
 
    	
 
    	
 
    	
Lot
    	
 
    	
 
    	
 
    	
NSP
    
	
 
    	
 
    	
Contract   Data Requirements List (CDRL) 

CPFF   

In   accordance with Exhibit A. 

FOB:   Destination
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
ESTIMATED COST
    	
 
    	
$0.00
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
FIXED FEE
    	
 
    	
$0.00
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
TOTAL EST COST + FEE
    	
 
    	
$0.00
    


 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

2











 

	
ITEM NO
    	
 
    	
SUPPLIES/SERVICES
    	
 
    	
QUANTITY
    	
 
    	
UNIT
    	
 
    	
UNIT PRICE
    	
 
    	
AMOUNT
    
	
1001
    	
 
    	
 
    	
 
    	
 
    	
 
    	
Lot
    	
 
    	
 
    	
 
    	
$5,003,289.00
    
	
OPTION
    	
 
    	
Option   Period 1 

CPFF   

Overcoming   Resistance by theApplication of Boron to Ribosomal Inhibitors, in accordance   with the Statement of Work (SOW) dated 29 June 2013 and incorporated   into this contract as Attachment I. 

FOB:   Destination
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
ESTIMATED COST
    	
 
    	
$4,811,581.00 (EST.)
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
FIXED FEE
    	
 
    	
$191,708.00
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
TOTAL EST COST + FEE
    	
 
    	
$5,003,289.00 (EST.)
    


 

	
ITEM NO
    	
 
    	
SUPPLIES/SERVICES
    	
 
    	
QUANTITY
    	
 
    	
UNIT
    	
 
    	
UNIT PRICE
    	
 
    	
AMOUNT
    
	
1002
    	
 
    	
 
    	
 
    	
 
    	
 
    	
Lot
    	
 
    	
 
    	
 
    	
NSP
    
	
 
    	
 
    	
Contract   Data Requirements List (CDRL) 

CPFF   

In   accordance with Exhibit A. 

FOB:   Destination
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
ESTIMATED COST
    	
 
    	
$0.00
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
FIXED FEE
    	
 
    	
$0.00
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
TOTAL EST COST + FEE
    	
 
    	
$0.00
    


 

	
ITEM NO
    	
 
    	
SUPPLIES/SERVICES
    	
 
    	
QUANTITY
    	
 
    	
UNIT
    	
 
    	
UNIT PRICE
    	
 
    	
AMOUNT
    
	
2001
    	
 
    	
 
    	
 
    	
 
    	
 
    	
Lot
    	
 
    	
 
    	
 
    	
$5,735,070.00
    
	
OPTION
    	
 
    	
Option   Period 2 

CPFF   

Overcoming   Resistance by the Application of Boron to Ribosomal Inhibitors, in accordance   with the Statement of Work (SOW) dated 29 June 2013 and incorporated   into this contract as Attachment I. 

FOB:   Destination
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
ESTIMATED COST
    	
 
    	
$5,514,971.00 (EST.)
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
FIXED FEE
    	
 
    	
$220,099.00
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
TOTAL EST COST + FEE
    	
 
    	
$5,735,070.00 (EST.)
    


 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

3











 

	
ITEM NO
    	
 
    	
SUPPLIES/SERVICES
    	
 
    	
QUANTITY
    	
 
    	
UNIT
    	
 
    	
UNIT PRICE
    	
 
    	
AMOUNT
    
	
2002
    	
 
    	
 
    	
 
    	
 
    	
 
    	
Lot
    	
 
    	
 
    	
 
    	
NSP
    
	
 
    	
 
    	
Contract   Data Requirments List (CDRLs) 

CPFF   

In   accordance with Exhibit A. 

FOB:   Destination
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
ESTIMATED COST
    	
 
    	
$0.00
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
FIXED FEE
    	
 
    	
$0.00
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
TOTAL EST COST + FEE
    	
 
    	
$0.00
    


 

B.1 BAA REFERENCE

 

This contract is awarded as a result of HDTRA1-11-16-RDIS-BAA, Research and Development Innovation Broad Agency Announcement (BAA).

 

CLAUSES INCORPORATED BY FULL TEXT

 

252.247-9001  PACKAGING AND MARKING

 

(a)  All data contained in Exhibit A, Contract Data Requirements List (CDRL), DD Form 1423 delivered under this contract shall be delivered using best commercial practices to meet the packaging requirements of the carrier and to insure delivery, to the addressees specified on the Data Item Cover Sheet, at destination and in accordance with applicable security requirements.

 

(b)  All data and correspondence submitted to the Contracting Officer shall reference the Contract Number, the CDRL number, and the date submitted.  A copy of all correspondence sent to the Contracting Officer’s Representative (COR) or Project Manager shall be simultaneously provided to the Contracting Officer.

 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

4









 

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
    
	
0002
    	
 
    	
Destination
    	
 
    	
Government
    	
 
    	
Destination
    	
 
    	
Government
    
	
1001
    	
 
    	
Destination
    	
 
    	
Government
    	
 
    	
Destination
    	
 
    	
Government
    
	
1002
    	
 
    	
Destination
    	
 
    	
Government
    	
 
    	
Destination
    	
 
    	
Government
    
	
2001
    	
 
    	
Destination
    	
 
    	
Government
    	
 
    	
Destination
    	
 
    	
Government
    
	
2002
    	
 
    	
N/A
    	
 
    	
N/A
    	
 
    	
N/A
    	
 
    	
Government
    


 

CLAUSES INCORPORATED BY FULL TEXT

 

252.246-9000  INSPECTION AND ACCEPTANCE (JUL 2007)

 

Government inspection and acceptance of data is specified on the Contract Data Requirements List, DD Form 1423.  In accordance with FAR 52.246-9, inspection and acceptance for all work performed at any and all times under this contract shall be the responsibility of the:

 

x  Contracting Officer’s Representative (COR) or Project Manager (PM).  The Wide Area Work Flow (WAWF) Acceptor DoDDAC is located in DTRA 252.201-9000 Project Manager or DTRA 252.201-9002 Contracting Officer’s Representative.

 

o  Administrative Contracting Officer (ACO).  The WAWF Acceptor DoDAAC can be found in the “Administered By” block on page 1 of the contract.

 

(End of Clause)

 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

5











 

Section F - Deliveries or Performance

 

DELIVERY INFORMATION

 

	
CLIN
    	
 
    	
DELIVERY DATE
    	
 
    	
QUANTITY
    	
 
    	
SHIP TO ADDRESS
    	
 
    	
UIC
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
0001
    	
 
    	
POP   16-OCT-2013 TO
   15-SEP-2014
    	
 
    	
N/A
    	
 
    	
DEFENSE   THREAT REDUCTION
   AGENCY/J9CBM
   CO’S REPRESENTATIVE: SEE SEPERATE
   LETTER
   8725 JOHN J KINGMAN ROAD, MAIL
   STOP 6201,
   FORT BELVOIR VA 22060
   FOB: Destination
    	
 
    	
HDTRA1
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
0002
    	
 
    	
POP   16-OCT-2013 TO
   15-SEP-2014
    	
 
    	
N/A
    	
 
    	
(SAME   AS PREVIOUS LOCATION)
   FOB: Destination
    	
 
    	
HDTRA1
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
1001
    	
 
    	
POP   16-SEP-2014 TO
   15-SEP-2015
    	
 
    	
N/A
    	
 
    	
(SAME   AS PREVIOUS LOCATION)
   FOB: Destination
    	
 
    	
HDTRA1
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
1002
    	
 
    	
POP   16-SEP-2014 TO
   15-SEP-2015
    	
 
    	
N/A
    	
 
    	
(SAME   AS PREVIOUS LOCATION)
   FOB: Destination
    	
 
    	
HDTRA1
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
2001
    	
 
    	
POP   16-SEP-2015 TO
   15-APR-2017
    	
 
    	
N/A
    	
 
    	
(SAME   AS PREVIOUS LOCATION)
   FOB: Destination
    	
 
    	
HDTRA1
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
2002
    	
 
    	
POP   16-SEP-2015 TO
   15-APR-2017
    	
 
    	
N/A
    	
 
    	
(SAME   AS PREVIOUS LOCATION)
   FOB: Destination
    	
 
    	
HDTRA1
    


 

CLAUSES INCORPORATED BY REFERENCE

 

	
52.242-15   Alt I
    	
 
    	
Stop-Work   Order (Aug 1989) - Alternate I
    	
 
    	
APR   1984
    
	
52.247-34
    	
 
    	
F.O.B.   Destination
    	
 
    	
NOV   1991
    


 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

6











 

Section G - Contract Administration Data

 

ACCOUNTING AND APPROPRIATION DATA

 

	
AA: 044315 097 0400 000 N 20132014 D 2620   0603384BP-CB-CBM 1314-0400-2620-TM3BT DTRA 255 
    
	
AMOUNT: $2,756,968.00 
    
	
CIN J9CBM88620001: $2,756,968.00 
    


 

CLAUSES INCORPORATED BY REFERENCE

 

	
252.204-7006
    	
 
    	
Billing   Instructions
    	
 
    	
OCT   2005
    
	
252.232-7003
    	
 
    	
Electronic   Submission of Payment Requests and Receiving Reports
    	
 
    	
JUN   2012
    
	
252.232-7006
    	
 
    	
Wide   Area WorkFlow Payment Instructions
    	
 
    	
MAY 2013
    


 

CLAUSES INCORPORATED BY FULL TEXT

 

252.201-7000     CONTRACTING OFFICER’S REPRESENTATIVE (DEC 1991)

 

(a) “Definition.  Contracting officer’s representative” means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

 

(b) If the Contracting Officer designates a contracting officer’s representative (COR), the Contractor will receive a copy of the written designation.  It will specify the extent of the COR’s authority to act on behalf of the contracting officer.  The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

 

(End of clause)

 

CLAUSES INCORPORATED BY FULL TEXT

 

252.201-9002  CONTRACTING OFFICER’S REPRESENTATIVE (MAY 2007)

 

a.   The Contracting Officer’s Representative (COR) for this contract is:

See Separate Letter

Defense Threat Reduction Agency/J9

8725 John J. Kingman Rd, MS 6201

 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

7











 

Fort Belvoir VA  22060-6201

WAWF Acceptor DoDAAC:  HDTRA1

 

b.   The COR will act as the Contracting Officer’s Representative for technical matters providing technical direction and discussion as necessary with respect to the specification/statement of work and monitoring the progress and quality of the Contractor’s performance.  The COR is NOT an Administrative Contracting Officer (ACO) and does not have the authority to take any action, either directly or indirectly that would change the pricing, quality, quantity, place of performance, delivery schedule, or any other terms and conditions of the contract, or to direct the accomplishment of effort, which goes beyond the scope of the specifications/statement of work in the contract.

 

c.   When, in the opinion of the contractor, the COR requests effort outside the existing scope of the contract, the contractor shall promptly notify the Contracting Officer in writing.  No action shall be taken by the contractor under such direction until the Contracting Officer has issued a modification to the contract or has otherwise resolved the issue.

 

252.204-9002      PAYMENT INSTRUCTIONS FOR MULTIPLE ACCOUNTING CLASSIFICATION CITATIONS (MAY 2012)

 

In accordance with DFARS 204.7108 Payment Instructions, payment shall be made by the numbered payment instruction identified below:

 

x  (1)  Line item specific: single funding.

252.204-0001 Line Item Specific: Single Funding. (SEP 2009)

 

If there is only one source of funding for the contract line item (i.e., one ACRN), the payment office will make payment using the ACRN funding of the line item being billed.

 

o  (2)  Line item specific: sequential ACRN order.

252.204-0002 Line Item Specific: Sequential ACRN Order. (SEP 2009)

 

If there is more than one ACRN within a contract line item, the payment office will make payment in sequential ACRN order within the line item, exhausting all funds in the previous ACRN before paying from the next ACRN using the following sequential order: Alpha/Alpha; Alpha/Numeric; Numeric/Alpha; and Numeric/Numeric.

 

o  (3)  Line item specific: contracting officer specified ACRN order.

252.204-0003 Line Item Specific: Contracting Officer Specified ACRN Order. (SEP 2009)

 

If there is more than one ACRN within a contract line item,

The payment office shall make payment within the line item in the sequence ACRN order specified below, exhausting all funds in the previous ACRN before paying from the next ACRN.

Line Item ACRN Order

 

 

o  (4)  Line item specific: by fiscal year.

252.204-0004 Line Item Specific: by Fiscal Year. (SEP 2009)

 

If there is more than one ACRN within a contract line item, the payment office will make payment using the oldest fiscal year appropriations first, exhausting all funds in the previous fiscal year before disbursing from the next fiscal year.  In the event there is more than one ACRN associated with the same fiscal year, the payment amount shall be

 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

8









 

disbursed from each ACRN within a fiscal year in the same proportion as the amount of funding obligated for each ACRN within the fiscal year.

 

o  (5)  Line item specific: by cancellation date.

252.204-0005 Line Item Specific: by Cancellation Date. (SEP 2009)

 

If there is more than one ACRN within a contract line item, the payment office will make payment using the ACRN with the earliest cancellation date first, exhausting all funds in that ACRN before disbursing funds from the next.  In the event there is more than one ACRN associated with the same cancellation date, the payment amount shall be disbursed from each ACRN with the same cancellation date in the same proportion as the amount of funding obligated for each ACRN with the same cancellation date.

 

o  (6)  Line item specific: proration.

252.204-0006 Line Item Specific: Proration. (SEP 2009)

 

If there is more than one ACRN within a contract line item, the payment office will make payment from each ACRN in the same proportion as the amount of funding currently unliquidated for each ACRN.

 

o  (7)  Contract-wide: sequential ACRN order.

252.204-0007 Contract-wide: Sequential ACRN Order. (SEP 2009)

 

The payment office will make payment in sequential ACRN order within the contract or order, exhausting all funds in the previous ACRN before paying from the next ACRN using the following sequential order: alpha/alpha; alpha/numeric; numeric/alpha; and numeric/numeric.

 

o  (8)  Contract-wide: contracting officer specified ACRN order

252.204-0008 Contract-wide: Contracting Officer Specified ACRN Order. (SEP 2009)

 

The payment office will make payment in sequential ACRN order within the contract or order, exhausting all funds in the previous ACRN before paying from the next ACRN in the sequence order specified by the contracting officer.

 

ACRN Order

 

 

o  (9)  Contract-wide: by fiscal year.

252.204-0009 Contract-wide: by Fiscal Year. (SEP 2009)

 

The payment office will make payment using the oldest fiscal year appropriations first, exhausting all funds in the previous fiscal year before disbursing from the next fiscal year.  In the event there is more than one ACRN associated with the same fiscal year, the payment amount shall be disbursed from each ACRN within a fiscal year in the same proportion as the amount of funding obligated for each ACRN within the fiscal year.

 

o  (10)  Contract-wide: by cancellation date.

252.204-0010 Contract-wide: by Cancellation Date. (SEP 2009)

 

The payment office will make payment using the ACRN with the earliest cancellation date first, exhausting all funds in that ACRN before disbursing funds from the next.  In the event there is more than one ACRN associated with the same cancellation date, the payment amount shall be disbursed from each ACRN with the same cancellation date in the same proportion as the amount of funding obligated for each ACRN with the same cancellation date.

 

o  (11)  Contract-wide: proration.

252.204-0011 Contract-wide: Proration. (SEP 2009)

 

The payment office will make payment from each ACRN within the contract or order in the same proportion as the amount of funding currently unliquidated for each ACRN.

 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

9











 

o  (12)  Other.

 

If none of the standard payment instructions identified in paragraphs (d)(1) through (11) of this section are appropriate, the contracting officer may insert other payment instructions, provided the other payment instructions—

(i)  Provide a significantly better reflection of how funds will be expended in support of contract performance; and

(ii)  Are agreed to by the payment office and the contract administration office.

 

CLAUSES INCORPORATED BY FULL TEXT

 

252.216-9005 PROFIT OR FEE ON TRAVEL COSTS (JUL 2008)

 

Travel shall not be a profit or fee bearing cost element.

 

(End of clause)

 

CLAUSES INCORPORATED BY FULL TEXT

 

252.232-9012  WIDE AREA WORK FLOW (WAWF) — RECEIPT AND ACCEPTANCE (RA) INSTRUCTIONS  (November 2011)

 

(a) As prescribed in DFARS clause 252.232-7003 Electronic Submission of Payment Requests (Jan 2004), Contractors must submit payment requests in electronic form.  Paper copies will no longer be accepted or processed for payment unless the conditions of DFARS clause 252.232-7003(c) apply.  To facilitate this electronic submission, the Defense Threat Reduction Agency (DTRA) has implemented the DoD sanctioned Wide Area Workflow-Receipt and Acceptance (WAWF-RA) for contractors to submit electronic payment requests and receiving reports.  The contractor shall submit electronic payment requests and receiving reports via WAWF-RA.  Vendors shall send an email notification to the Contracting Officer Representative (COR), Program/Project Manager or other government acceptance official identified in the contract by clicking on the Send Additional Email Notifications link upon every submission of an invoice/cost voucher in WAWF-RA.  To access WAWF, go to https://wawf.eb.mil.

 

** For questions, contact the DTRA WAWF Team at wawfhelp@dtra.mil **

 

(b) Definitions:

 

Acceptor:  Contracting Officer’s Representative, Program/Project Manager, or other government acceptance official as identified in the contract/order.

 

Pay Official:  Defense Finance and Accounting Service (DFAS) payment office identified in the contract/order.

 

SHIP To/Service Acceptor DoDAAC:  Acceptor DoDAAC or DCMA DoDAAC (as specified in the contract/order).

 

DCAA Auditor DoDAAC:  Needed when invoicing on cost-reimbursable contracts.  (Go to www.dcaa.mil and click on the appropriate link under the Audit Office Locator to search for your DCAA DoDAAC.)

 

>>>>>                                     For contracts that are administered by the Office of Naval Research (ONR):                                         <<<<<
 Enter the ONR DoDAAC in the DCAA Auditor DoDAAC field in WAWF.

 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

10











 

(c) WAWF Contractor Input Information:

 

The contractor shall use the following information in creating electronic payment requests in WAWF:

 

Invoice Type in WAWF:

 

If billing for Cost Type/Reimbursable contracts (including T&M and LH), select “Cost Voucher”

If billing for Firm-Fixed Price (FFP) Materials Only, select “Combo”

If billing for FFP Materials and Service, select “Combo”

If billing for FFP Services Only, select “2-n-1 (Services Only)”

 

** If the contract contains both FFP and Cost Type (including T&M and LH) line items, they must be invoiced separately on appropriate types mentioned above.  Upon the written approval of the Project Manager or Contracting Officer’s Representative, the contractor may invoice both line items in one type of invoice.

 

For WAWF Routing Information, See Table Below:

 

	
Description
    	
 
    	
SF 26
    	
 
    	
SF 33
    	
 
    	
SF 1449
    	
 
    	
DD 1155
    
	
 
    	
 
    	
Located   in Block/Section
    
	
Contract   Number
    	
 
    	
2
    	
 
    	
2
    	
 
    	
2
    	
 
    	
1
    
	
Delivery   Order
    	
 
    	
See   Individual Order
    	
 
    	
4
    	
 
    	
2
    
	
CAGE   Code
    	
 
    	
7
    	
 
    	
15a
    	
 
    	
17a
    	
 
    	
9
    
	
Pay   DoDAAC
    	
 
    	
12
    	
 
    	
25
    	
 
    	
18a
    	
 
    	
15
    
	
Inspection
    	
 
    	
Section E   (except SF 1449, See Entitled):
   INSPECTION AND ACCEPTANCE
    
	
Acceptance
    	
 
    	
Section E   (except SF 1449, See Entitled):
   INSPECTION AND ACCEPTANCE
    
	
Issue   Date
    	
 
    	
3
    	
 
    	
5
    	
 
    	
3
    	
 
    	
3
    
	
Issue   By DoDAAC
    	
 
    	
5
    	
 
    	
7
    	
 
    	
9
    	
 
    	
6
    
	
Admin   DoDAAC
    	
 
    	
6
    	
 
    	
24
    	
 
    	
16
    	
 
    	
7
    
	
Ship   To / Service Acceptor DoDAAC
    	
 
    	
6
    	
 
    	
24
    	
 
    	
16
    	
 
    	
7
    
	
Ship   to Extension
    	
 
    	
Do Not Fill In
    
	
Services   or Supplies
    	
 
    	
Based   on majority of requirement as determined by monetary value
    
	
Final   Invoice?
    	
 
    	
Do not change “N” (no) to “Y” (yes) unless this   is the last invoice and the contract is ready for closeout.
    


 

(d) Final Invoices/Vouchers -Final Payment shall be made in accordance with the Federal Acquisition Regulation (FAR) 52.216-7, entitled “Allowable Cost and Payment.”

 

Invoices - Invoice 2-n-1 (Services Only) and Invoice and Receiving Report (Combo)

 

Select the “Y” selection from the “Final Invoice?” drop-down box when submitting the final invoice for payment for a contract. Upon successful submission of the final invoice, click on the Send Additional Email Notifications link to send an additional email notification to the Contracting Officer Representative (COR), Program/Project Manager or other government acceptance official identified in the contract.

 

Cost Vouchers - Once the final DCAA audit is complete for cost reimbursable contracts and authorization is received to submit the final cost voucher, select the “Y” selection from the “Final Voucher” drop-down box when submitting the final cost voucher. Upon successful submission of the final cost voucher, click on the Send Additional Email Notifications link to send an additional email notification to the following email address: finalcostvouchers@dtra.mil

 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

11











 

(e)  WAWF Training may be accessed online at http://www.wawftraining.com.  To practice creating documents in WAWF, visit the practice site at https://wawftraining.eb.mil.  General DFAS information may be accessed using the DFAS website at http://www.dfas.mil/.  Payment status information may be accessed using the myInvoice system at https://myinvoice.csd.disa.mil. Your contract number and shipment/invoice number will be required to check status of your payment.

 

Note:  For specific invoice related inquiries email: vendorpay@dtra.mil.  Vendors shall forward any additional DTRA related WAWF questions to wawfhelp@dtra.mil.

 

252.242-9003 - ASSIGNMENT OF CONTRACT ADMINISTRATION SERVICES (CAS) FUNCTIONS (FEB 2012)

 

a.              The contract administration functions stated in FAR 42.302(a) are assigned to:  See Page 1, Section A, Block 6 of this contract.

 

b.              Notwithstanding that assignment, in accordance with FAR 42.202(b)(2), the following functions are determined to be best performed by the PCO and are retained by the DTRA Contracting Office:

 

(1)         FAR 42.302(a)(3)  Conduct post-award orientation conferences.

 

(2)         FAR 42.302(a)(20)  Ensure processing and execution of duty-free entry certificates.

 

(3)         FAR 42.302(a)(40)  Perform engineering surveillance to assess compliance with contractual terms for schedule, cost, and technical performance in the areas of design, development, and production.

 

(4)         FAR 42.302(a)(51)  Consent to the placement of subcontracts.

 

(5)         Approval or disapproval of the data items listed on Exhibit A, DD Form 1423, Contract Data Requirements List.

 

(END OF CLAUSE)

 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

12











 

Section H - Special Contract Requirements

 

H.1 PATENT RIGHTS

RETENTION BY THE CONTRACTOR

In accordance with FAR 52.227-11(f), reporting on utilization of subject inventions:

The contractor agrees to submit periodic reports annually on the utilization of a subject invention or efforts at obtaining such a utilization that are being made by the contractor or its licensees or assignees.

 

CLAUSES INCORPORATED BY FULL TEXT

 

252.201-9003  LIMITATION OF AUTHORITY (JUN 2009)

 

No person in the Government, other than a Contracting Officer, has the authority to provide direction to the Contractor, which alters the Contractor’s obligations or changes this contract in any way.  If any person representing the Government, other than a Contracting Officer, attempts to alter contract obligations, change the contract specifications/statement of work or tells the contractor to perform some effort which the Contractor believes to be outside the scope of this contract, the Contractor shall immediately notify the Procuring Contracting Officer (PCO).  Contractor personnel shall not comply with any order or direction which they believe to be outside the scope of this contract unless the order or direction is issued by a Contracting Officer.

 

252.203-9000 Prohibition on the Use of Senior Mentors (JUNE 2010)

 

(a)  The use of senior mentors by the Defense Threat Reduction Agency (DTRA) enhances the readiness of the Agency across a wide range of strategic, operational, joint, functional, technical, management and development mission areas.  The relevant prior service, joint force experience, and unique expertise of these senior consultants provide senior leadership with valuable insights and contribute to the continuous improvement of the Agencies’ operations.

 

(b)  For the purposes of this clause, Senior Mentor is defined as a retired flag, general or other military officers (O-6) or retired senior civilian official (Senior Executive Service (SES), Senior Level (SL), Scientific and Professional (ST)) who provides expert experience-based mentoring, teaching, training, advice, and recommendations to senior military officers, staffs and students as they participate in war games, warfighting courses, operational planning, operational exercises, and decision-making exercises.

 

(c)  In accordance with Secretary of Defense Memorandum entitled “Policy on Senior Mentors” dated April 1, 2010, DTRA will hire all senior mentors as highly qualified experts (HQE) under 5 U.S.C. 9903.  This policy balances the need for DTRA to secure the specialized knowledge required for these operational exercises with the need to hire such experts in a manner that promotes public trust and confidence.

 

(d)  The Contractor shall not include the use of senior mentors in bids or proposals for services/supplies offered to DTRA.

 

(e)  The Contractor shall include the substance of this clause in all subcontracts.

 

(End of Clause)

 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

13











 

252.203-9004 ETIOLOGIC AGENTS—BIOLOGICAL DEFENSE RESEARCH PROGRAM (FEB 2008)

 

a.              For purpose of this contract etiologic agent—biological defense program is defined as: any viable microorganism, or its toxin which causes or may cause human disease, including those agents listed in 42 CFR 73, 9 CFR 121, and 7 CFR 331, of the Department of Health and Human Services and Department of Agriculture regulations, respectively, and any agent of biological origin that poses a degree of hazard to those agents and is further identified by the US Army.  The contractor shall comply with the following when working with etiologic agents:

 

(1)         29 Code of Federal Regulations 1910, Occupational Health and Safety;

(2)         US Department of Health and Human Services (DHHS) and US Department of Agriculture, Select Agent Program(s), 42 CFR 73, 9 CFR 121, and 7 CFR 331; and

(3)         DHHS Publication No. 93-8395, Biosafety in Microbiological and Biomedical Laboratories, latest edition.

 

b.              Etiologic agents shall be packaged, labeled, shipped, and transported in accordance with applicable Federal, State, and local laws and regulations, to include:

 

(1)         42 CFR 72 (Interstate Shipment of Etiologic Agents);

(2)         49 CFR 172 and 173 (Department of Transportation);

(3)         9 CFR 122 (USDA Restricted Animal Pathogens);

(4)         International Air Transport Association Dangerous Goods Regulations;

(5)         The United States Postal Service shall not be used for transportation of BDRP related etiologic agents; and

(6)         If performance is outside of the United States, any additional procedures required by the nation where the work is to be performed.

 

252.209-9002   NON-GOVERNMENT SUPPORT PERSONNEL (JAN 2008)

 

The following companies may have access to contractor information, technical data or computer software that may be marked as proprietary or otherwise marked with restrictive legends: Suntiva LLC (contract specialist support); Systems Research and Analysis (SRA), managing JPRAS); ITT Corporation (DTRIAC Technical Engineering Services); Kforce Government Solutions, Inc. (Accounting and Financial Systems Support); and TASC, Inc. (Advisory and Assistance Services).  Each contract contains organizational conflict of interest provisions and/or includes contractual requirements for non-disclosure of proprietary contractor information or data/software marked with restrictive legends.  The contractor, by submitting a proposal or entering into this contract, is deemed to have consented to the disclosure of its information to Suntiva LLC (contract specialist support); Systems Research and Analysis (SRA), managing JPRAS); ITT Corporation (DTRIAC Technical Engineering Services); Kforce Government Solutions, Inc. (Accounting and Financial Systems Support); and TASC, Inc. (Advisory and Assistance Services) under the conditions and limitations described herein.

 

252.215-9004      KEY PERSONNEL (AUG 2012)

 

The personnel listed below are considered essential to the work being performed hereunder.  Prior to removing, replacing, or diverting any of the specified individuals, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit

 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

14











 

evaluation of the impact on this Contract.  No deviation shall be made by the Contractor without the prior written consent of the Contracting Officer; provided, that the Contracting Officer authorizes in writing the change, such authorization shall constitute the consent of the Contracting Officer required by this paragraph.  The personnel listed below may, with the consent of the contracting parties, be amended from time to time during the course of the Contract to either add or delete personnel as appropriate.

 

Principal Investigator

 

252.216-9003      CONSULTANTS (OCT 1998)

 

Services of consultants shall be at rates and for periods approved in advance by the Contracting Officer.  Requests for approval shall be submitted to the Contracting Officer sufficiently in advance of the need to use a consultant under this Contract.  The request shall include (a) a copy of the proposed consultant agreement, (b) a brief biography of the consultant, and (c) an indication of the area(s) in which consultant’s expertise will be utilized and why it is essential for contract performance.  In addition, significant deviations from the dollar amount approved for consultant services, or changes in the consultants to be utilized, must likewise be approved in advance upon submission of adequate justification.

 

Note: Consultants that were approved during negotiations prior to contract award are not subject to this clause.

 

252.235-9000    SOURCES OF INFORMATION (JULY 2000)

 

a.   The results of the research to be delivered to the Government under this Contract shall embody the most recent reliable information in the field which is available to the Contractor from private and governmental sources, and the Contractor agrees to utilize all sources of such information available to it.  In this connection, information in this field which is in the control of DTRA shall, with the consent of the Contracting Officer’s Representative (COR) and under such safeguards and procedures as he/she may prescribe, be made available to the Contractor on request.  Additionally, the Contractor is encouraged to make use of the resources available through the Defense Threat Reduction Information Analysis Center (DTRIAC), 1680 Texas Street, Southeast, Kirtland AFB, New Mexico  87117.

 

b.   Reasonable assistance in obtaining access to information, or in obtaining permission to use Government or private facilities, will be given to the Contractor by DTRA.  Specifically, the Contractor must register with the Defense Technical Information Center, ATTN:  DTIC, 8725 John J. Kingman Road, Suite 0944, Fort Belvoir, VA  22060-6218, in accordance with Defense Logistics Agency (DLA) Regulation 4185.10, Certification and Registration for Access to DoD Defense Technical Information.  DD Form 1540, the registration form, shall be forwarded to the DTRA Contracting Officer for approval (DFARS 35.010(b)).

 

(End of clause)

 

252.235-9001 PROHIBITION OF USE OF LABORATORY ANIMALS (JULY 2010) (DTRA)

 

The contractor shall obtain approval from the US Army Medical Research and Material Command (MRMC), Animal Care and Use Review Office (ACURO) prior to conducting research on live nonhuman vertebrates.  Studies involving non-human primates, dogs, cats, or marine mammals will require a site visit by an ACURO laboratory animal veterinarian as a condition

 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

15











 

of approval.  DoD may also conduct site visits involving research on other animals when deemed appropriate.  The animal research facility is responsible for notifying the DoD sponsor if Association for the Assessment and Accreditation of Laboratory Animal Care accreditation is lost or the facility is under USDA inspection.  DoD also has the right to a site inspection under these circumstances.

 

The contractor (including subcontractors) is expressly forbidden to use laboratory animals in any manner whatsoever without the express written approval of MRMC ACURO.

 

The contractor shall complete the ACURO Animal Use Appendix for Research Involving Animals found at the following web site:  https://mrmc-www.army.mil/index.cfm?pageid=Research_Protections.acuro_AnimalAppendix.  Submit the completed ACURO appendix, contact information, the DTRA contract number and a copy of the contract for processing to the email address listed at the ACURO website.  Once ACURO approves the effort, the contractor will receive written approval to begin animal use from the US Army MRMC ACURO by separate email.  The contractor shall promptly provide a copy of the approval to the contracting officer and contracting officer representative.  After approval, changes or protocol amendments must be submitted to and approved by ACURO before implementation.

 

The contractor, or subcontractors as appropriate, shall submit the most recent U.S. Department of Agriculture Animal Care Inspection Report annually in accordance with the CDRL.

 

Non-compliance with any provision of this clause may result in the termination of the contract.

 

(End of Clause)

 

252.242-9000   CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

 

1.  As required by FAR Part 42.1503, and DTRA policy for the Contractor Performance Assessment Reporting System (CPARS) and Past Performance Automated Information System (PPAIS) effective July, 2001, the Government shall complete a CPAR each year of the period of performance of this contract.  The contractor will have an opportunity to provide their comments in each CPAR before it is finalized.  In accordance with DTRA CPARS policy the completed CPARs will be entered into the Department of Defense Past Performance Automated Information System (PPAIS), a retrieval system for source selection teams to access the CPARs of contractors’ performance.  The DTRA CPARS and PPAIS policy includes an explanation of the process and procedures that will be utilized under this contract.  A copy is available for contractor reference via the DTRAlink (www.dtra.mil) by accessing Acquisition, How We Do Business.

 

2.  The CPARs shall occur annually in accordance with the schedule established below:

 

(i)  Initial CPAR: 12 months after contract start date (date performance begins)

TBD (by PCO)

 

(ii) Interim CPAR(s) will be performed annually on the anniversary of the contract start date according to the following schedule:

TBD (by PCO)

 

(iii) A Final CPAR will be completed upon contract termination, transfer of program management/contract management responsibility outside of DTRA, the delivery of the final end item on contract and/or the completion of the performance period.

 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

16









 

(iv) An Out-of-Cycle CPAR may be required when there is a significant change in performance that alters the assessment in one or more evaluation area(s).  An Out-of-Cycle CPAR is optional and shall be processed in accordance with Attachment    

 

3.  Each CPAR shall only cover the period elapsing from the last annual CPAR.  The final CPAR shall not be used to summarize or “roll-up” the contractor’s performance under the entire contract.  Each annual CPAR and the final CPAR together will comprise a total picture of contractor performance.

 

4.  At the request of the Government, a verbal, informal review of the Contractor’s performance may be held 3-6 months before the completion of the Interim or Final Evaluation periods.   This review entails discussing any problems or areas of concern regarding the Contractor’s performance to date.  No written evaluation form or other formal documentation is required for this evaluation.  It may be conducted with the Contractor by telephone, teleconference or face-to-face.  This is designed to offer the Contractor an opportunity to correct known deficiencies or weaknesses prior to the formal written evaluation.

 

5.  As set forth in DTRA CPARS policy, any disagreements between the Contractor and the Program Manager regarding the CPAR(s) that cannot be resolved shall be reviewed by the designated Reviewing Official prior to finalization of the CPAR.

 

6.  The policy and procedures set forth in this clause and DTRA CPARS policy are not subject to “Disputes” as described in FAR Part 33.

 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

17











 

Section I - Contract Clauses

 

CLAUSES INCORPORATED BY REFERENCE

 

	
52.202-1 
    	
 
    	
Definitions
    	
 
    	
JAN   2012
    	
 
    
	
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
    	
 
    	
OCT   2010
    	
 
    
	
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
    	
 
    	
OCT   2010
    	
 
    
	
52.203-13 
    	
 
    	
Contractor   Code of Business Ethics and Conduct
    	
 
    	
APR   2010
    	
 
    
	
52.204-4 
    	
 
    	
Printed   or Copied Double-Sided on Postconsumer Fiber Content Paper
    	
 
    	
MAY 2011
    	
 
    
	
52.204-7 
    	
 
    	
System   for Award Management
    	
 
    	
JUL   2013
    	
 
    
	
52.204-10 
    	
 
    	
Reporting   Executive Compensation and First-Tier Subcontract Awards
    	
 
    	
JUL   2013
    	
 
    
	
52.204-13 
    	
 
    	
System   for Award Management Maintenance
    	
 
    	
JUL   2013
    	
 
    
	
52.209-6 
    	
 
    	
(INVALID   EFF_DT) Protecting the Government’s Interest When Subcontracting With   Contractors Debarred, Suspended, or Proposed for Debarment
    	
 
    	
DEC   1900
    	
 
    
	
52.209-9 
    	
 
    	
Updates   of Publicly Available Information Regarding Responsibility Matters
    	
 
    	
JUL   2013
    	
 
    
	
52.209-10 
    	
 
    	
Prohibition   on Contracting With Inverted Domestic Corporations
    	
 
    	
MAY 2012
    	
 
    
	
52.210-1 
    	
 
    	
Market   Research
    	
 
    	
APR   2011
    	
 
    
	
52.215-2 
    	
 
    	
Audit   and Records—Negotiation
    	
 
    	
OCT   2010
    	
 
    
	
52.215-8 
    	
 
    	
Order   of Precedence—Uniform Contract Format
    	
 
    	
OCT   1997
    	
 
    
	
52.215-10 
    	
 
    	
Price   Reduction for Defective Certified Cost or Pricing Data
    	
 
    	
AUG   2011
    	
 
    
	
52.215-12 
    	
 
    	
Subcontractor   Certified Cost or Pricing Data
    	
 
    	
OCT   2010
    	
 
    
	
52.215-15 
    	
 
    	
Pension   Adjustments and Asset Reversions
    	
 
    	
OCT   2010
    	
 
    
	
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 Certified Cost or Pricing Data or Information Other Than Certified Cost   or Pricing Data—Modifications
    	
 
    	
OCT   2010
    	
 
    
	
52.215-23 
    	
 
    	
Limitations   on Pass-Through Charges
    	
 
    	
OCT   2009
    	
 
    
	
52.216-8 
    	
 
    	
Fixed   Fee
    	
 
    	
JUN   2011
    	
 
    
	
52.219-8 
    	
 
    	
Utilization   of Small Business Concerns
    	
 
    	
JUL   2013
    	
 
    
	
52.219-28 
    	
 
    	
Post-Award   Small Business Program Rerepresentation
    	
 
    	
JUL   2013
    	
 
    
	
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 Veterans
    	
 
    	
SEP   2010
    	
 
    
	
52.222-36 
    	
 
    	
Affirmative   Action For Workers With Disabilities
    	
 
    	
OCT   2010
    	
 
    
	
52.222-37 
    	
 
    	
Employment   Reports on Veterans
    	
 
    	
SEP   2010
    	
 
    
	
52.222-40 
    	
 
    	
Notification   of Employee Rights Under the National Labor Relations Act
    	
 
    	
DEC   2010
    	
 
    
	
52.222-50 
    	
 
    	
Combating   Trafficking in Persons
    	
 
    	
FEB   2009
    	
 
    


 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

18











 

	
52.222-54 
    	
 
    	
(INVALID   EFF_DT) Employment Eligibility Verification
    	
 
    	
DEC   1900
    	
 
    
	
52.223-6 
    	
 
    	
Drug-Free   Workplace
    	
 
    	
MAY 2001
    	
 
    
	
52.223-18 
    	
 
    	
Encouraging   Contractor Policies To Ban Text Messaging While Driving
    	
 
    	
AUG   2011
    	
 
    
	
52.225-13 
    	
 
    	
Restrictions   on Certain Foreign Purchases
    	
 
    	
JUN   2008
    	
 
    
	
52.227-1 
    	
 
    	
Authorization   and Consent
    	
 
    	
DEC   2007
    	
 
    
	
52.227-1 Alt I 
    	
 
    	
Authorization   And Consent (Dec 2007) - Alternate I
    	
 
    	
APR   1984
    	
 
    
	
52.227-2 
    	
 
    	
Notice   And Assistance Regarding Patent And Copyright Infringement
    	
 
    	
DEC   2007
    	
 
    
	
52.227-11 
    	
 
    	
Patent   Rights—Ownership By The Contractor
    	
 
    	
DEC   2007
    	
 
    
	
52.228-7 
    	
 
    	
Insurance—Liability   To Third Persons
    	
 
    	
MAR   1996
    	
 
    
	
52.232-9 
    	
 
    	
Limitation   On Withholding Of Payments
    	
 
    	
APR   1984
    	
 
    
	
52.232-17 
    	
 
    	
Interest
    	
 
    	
OCT   2010
    	
 
    
	
52.232-22 
    	
 
    	
Limitation   Of Funds
    	
 
    	
APR   1984
    	
 
    
	
52.232-23 
    	
 
    	
Assignment   Of Claims
    	
 
    	
JAN   1986
    	
 
    
	
52.232-23 Alt I 
    	
 
    	
Assignment   of Claims (Jan 1986) - Alternate I
    	
 
    	
APR   1984
    	
 
    
	
52.232-25 
    	
 
    	
Prompt   Payment
    	
 
    	
JUL   2013
    	
 
    
	
52.232-33 
    	
 
    	
Payment   by Electronic Funds Transfer—System for Award Management
    	
 
    	
JUL   2013
    	
 
    
	
52.233-1 
    	
 
    	
Disputes
    	
 
    	
JUL   2002
    	
 
    
	
52.233-1 Alt I 
    	
 
    	
Disputes   (Jul 2002) - Alternate I
    	
 
    	
DEC   1991
    	
 
    
	
52.233-3 
    	
 
    	
Protest   After Award
    	
 
    	
AUG   1996
    	
 
    
	
52.233-3 Alt I 
    	
 
    	
Protest   After Award (Aug 1996) - Alternate I
    	
 
    	
JUN   1985
    	
 
    
	
52.233-4 
    	
 
    	
Applicable   Law for Breach of Contract Claim
    	
 
    	
OCT   2004
    	
 
    
	
52.242-1 
    	
 
    	
Notice   of Intent to Disallow Costs
    	
 
    	
APR   1984
    	
 
    
	
52.242-3 
    	
 
    	
Penalties   for Unallowable Costs
    	
 
    	
MAY 2001
    	
 
    
	
52.242-4 
    	
 
    	
Certification   of Final Indirect Costs
    	
 
    	
JAN   1997
    	
 
    
	
52.242-13 
    	
 
    	
Bankruptcy
    	
 
    	
JUL   1995
    	
 
    
	
52.243-2 
    	
 
    	
Changes—Cost-Reimbursement
    	
 
    	
AUG   1987
    	
 
    
	
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
    	
 
    	
JUL   2013
    	
 
    
	
52.245-1 
    	
 
    	
Government   Property
    	
 
    	
APR   2012
    	
 
    
	
52.245-9 
    	
 
    	
Use   And Charges
    	
 
    	
APR   2012
    	
 
    
	
52.246-9 
    	
 
    	
Inspection   Of Research And Development (Short Form)
    	
 
    	
APR   1984
    	
 
    
	
52.246-25 
    	
 
    	
Limitation   Of Liability—Services
    	
 
    	
FEB   1997
    	
 
    
	
52.249-6 
    	
 
    	
Termination   (Cost Reimbursement)
    	
 
    	
MAY 2004
    	
 
    
	
52.249-14 
    	
 
    	
Excusable   Delays
    	
 
    	
APR   1984
    	
 
    
	
52.251-1 
    	
 
    	
Government   Supply Sources
    	
 
    	
APR   2012
    	
 
    
	
52.253-1 
    	
 
    	
Computer   Generated Forms
    	
 
    	
JAN   1991
    	
 
    
	
252.203-7000 
    	
 
    	
Requirements   Relating to Compensation of Former DoD Officials
    	
 
    	
SEP   2011
    	
 
    
	
252.203-7001 
    	
 
    	
Prohibition   On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies
    	
 
    	
DEC   2008
    	
 
    
	
252.203-7002 
    	
 
    	
Requirement   to Inform Employees of Whistleblower Rights
    	
 
    	
JAN   2009
    	
 
    
	
252.203-7003 
    	
 
    	
Agency   Office of the Inspector General
    	
 
    	
DEC   2012
    	
 
    
	
252.203-7004 
    	
 
    	
Display   of Fraud Hotline Poster(s)
    	
 
    	
DEC   2012
    	
 
    
	
252.204-7000 
    	
 
    	
(INVALID   EFF_DT) Disclosure Of Information
    	
 
    	
DEC   1900
    	
 
    
	
252.204-7003 
    	
 
    	
Control   Of Government Personnel Work Product
    	
 
    	
APR   1992
    	
 
    
	
252.204-7008 
    	
 
    	
Export-Controlled   Items
    	
 
    	
APR   2010
    	
 
    
	
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
    	
 
    
	
252.211-7003 
    	
 
    	
Item   Identification and Valuation
    	
 
    	
JUN   2013
    	
 
    
	
252.211-7007 
    	
 
    	
Reporting   of Government-Furnished Property
    	
 
    	
AUG   2012
    	
 
    


 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

19











 

	
252.215-7000 
    	
 
    	
Pricing   Adjustments
    	
 
    	
DEC   2012
    	
 
    
	
252.215-7002 
    	
 
    	
Cost   Estimating System Requirements
    	
 
    	
DEC   2012
    	
 
    
	
252.222-7006 
    	
 
    	
Restrictions   on the Use of Mandatory Arbitration Agreements
    	
 
    	
DEC   2010
    	
 
    
	
252.225-7004 
    	
 
    	
Report   of Intended Performance Outside the United States and Canada—Submission after   Award
    	
 
    	
OCT   2010
    	
 
    
	
252.225-7006 
    	
 
    	
Quarterly   Reporting of Actual Contract Performance Outside the United States
    	
 
    	
OCT   2010
    	
 
    
	
252.225-7012 
    	
 
    	
Preference   For Certain Domestic Commodities
    	
 
    	
FEB   2013
    	
 
    
	
252.225-7048 
    	
 
    	
Export-Controlled   Items
    	
 
    	
JUN   2013
    	
 
    
	
252.226-7001 
    	
 
    	
Utilization   of Indian Organizations and Indian-Owned Economic Enterprises, and Native   Hawaiian Small Business Concerns
    	
 
    	
SEP   2004
    	
 
    
	
252.227-7013 
    	
 
    	
Rights   in Technical Data—Noncommercial Items
    	
 
    	
JUN   2013
    	
 
    
	
252.227-7016 
    	
 
    	
Rights   in Bid or Proposal Information
    	
 
    	
JAN   2011
    	
 
    
	
252.227-7027 
    	
 
    	
Deferred   Ordering Of Technical Data Or Computer Software
    	
 
    	
APR   1988
    	
 
    
	
252.227-7030 
    	
 
    	
Technical   Data—Withholding Of Payment
    	
 
    	
MAR   2000
    	
 
    
	
252.227-7037 
    	
 
    	
Validation   of Restrictive Markings on Technical Data
    	
 
    	
JUN   2013
    	
 
    
	
252.227-7039 
    	
 
    	
Patents—Reporting   Of Subject Inventions
    	
 
    	
APR   1990
    	
 
    
	
252.231-7000 
    	
 
    	
Supplemental   Cost Principles
    	
 
    	
DEC   1991
    	
 
    
	
252.232-7010 
    	
 
    	
Levies   on Contract Payments
    	
 
    	
DEC   2006
    	
 
    
	
252.235-7002 
    	
 
    	
Animal   Welfare
    	
 
    	
DEC   2011
    	
 
    
	
252.235-7010 
    	
 
    	
Acknowledgment   of Support and Disclaimer
    	
 
    	
MAY 1995
    	
 
    
	
252.235-7011 
    	
 
    	
Final   Scientific or Technical Report
    	
 
    	
NOV   2004
    	
 
    
	
252.242-7005 
    	
 
    	
Contractor   Business Systems
    	
 
    	
FEB   2012
    	
 
    
	
252.242-7006 
    	
 
    	
Accounting   System Administration
    	
 
    	
FEB   2012
    	
 
    
	
252.243-7002 
    	
 
    	
Requests   for Equitable Adjustment
    	
 
    	
DEC   2012
    	
 
    
	
252.244-7000 
    	
 
    	
Subcontracts   for Commercial Items
    	
 
    	
JUN   2013
    	
 
    
	
252.244-7001 
    	
 
    	
Contractor   Purchasing System Administration
    	
 
    	
JUN   2012
    	
 
    
	
252.245-7001 
    	
 
    	
Tagging,   Labeling, and Marking of Government-Furnished Property
    	
 
    	
APR   2012
    	
 
    
	
252.245-7002 
    	
 
    	
Reporting   Loss of Government Property
    	
 
    	
APR   2012
    	
 
    
	
252.245-7003 
    	
 
    	
Contractor   Property Management System Administration
    	
 
    	
APR   2012
    	
 
    
	
252.245-7004 
    	
 
    	
Reporting,   Reutilization, and Disposal
    	
 
    	
MAY 2013
    	
 
    
	
252.247-7023 
    	
 
    	
Transportation   of Supplies by Sea
    	
 
    	
JUN   2013
    	
 
    
	
252.247-7024 
    	
 
    	
Notification   Of Transportation Of Supplies By Sea
    	
 
    	
MAR   2000
    	
 
    
	
252.251-7000 
    	
 
    	
Ordering   From Government Supply Sources
    	
 
    	
AUG   2012
    	
 
    


 

CLAUSES INCORPORATED BY FULL TEXT

 

52.216-7     ALLOWABLE COST AND PAYMENT (JUN 2013)

 

(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.

 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

20











 

(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

 

(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.

 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

21











 

(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.

 

(iii) An adequate indirect cost rate proposal shall include the following data unless otherwise specified by the cognizant Federal agency official:

 

(A) Summary of all claimed indirect expense rates, including pool, base, and calculated indirect rate.

 

(B) General and Administrative expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts).

 

(C) Overhead expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) for each final indirect cost pool.

 

(D) Occupancy expenses (intermediate indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) and expense reallocation to final indirect cost pools.

 

(E) Claimed allocation bases, by element of cost, used to distribute indirect costs.

 

(F) Facilities capital cost of money factors computation.

 

(G) Reconciliation of books of account (i.e., General Ledger) and claimed direct costs by major cost element.

 

(H) Schedule of direct costs by contract and subcontract and indirect expense applied at claimed rates, as well as a subsidiary schedule of Government participation percentages in each of the allocation base amounts.

 

(I) Schedule of cumulative direct and indirect costs claimed and billed by contract and subcontract.

 

(J) Subcontract information. Listing of subcontracts awarded to companies for which the contractor is the prime or upper-tier contractor (include prime and subcontract numbers; subcontract value and award type; amount claimed during the fiscal year; and the subcontractor name, address, and point of contact information).

 

(K) Summary of each time-and-materials and labor-hour contract information, including labor ategories, labor rates, hours, and amounts; direct materials; other direct costs; and, indirect expense applied at claimed rates.

 

(L) Reconciliation of total payroll per IRS form 941 to total labor costs distribution.

 

(M) Listing of decisions/agreements/approvals and description of accounting/organizational changes.

 

(N) Certificate of final indirect costs (see 52.242-4, Certification of Final Indirect Costs).

 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

22









 

(O) Contract closing information for contracts physically completed in this fiscal year (include contract number, period of performance, contract ceiling amounts, contract fee computations, level of effort, and indicate if the contract is ready to close).

 

(iv) The following supplemental information is not required to determine if a proposal is adequate, but may be required during the audit process:

 

(A) Comparative analysis of indirect expense pools detailed by account to prior fiscal year and budgetary data.

 

(B) General organizational information and limitation on allowability of compensation for certain contractor personnel. See 31.205-6(p). Additional salary reference information is available at http://www.whitehouse.gov/omb/procurement_index_exec_comp/.

 

(C) Identification of prime contracts under which the contractor performs as a subcontractor.

 

(D) Description of accounting system (excludes contractors required to submit a CAS Disclosure Statement or contractors where the description of the accounting system has not changed from the previous year’s submission).

 

(E) Procedures for identifying and excluding unallowable costs from the costs claimed and billed (excludes contractors where the procedures have not changed from the previous year’s submission).

 

(F) Certified financial statements and other financial data (e.g., trial balance, compilation, review, etc.).

 

(G) Management letter from outside CPAs concerning any internal control weaknesses.

 

(H) Actions that have been and/or will be implemented to correct the weaknesses described in the management letter from subparagraph G) of this section.

 

(I) List of all internal audit reports issued since the last disclosure of internal audit reports to the Government.

 

(J) Annual internal audit plan of scheduled audits to be performed in the fiscal year when the final indirect cost rate submission is made.

 

(K) Federal and State income tax returns.

 

(L) Securities and Exchange Commission 10-K annual report.

 

(M) Minutes from board of directors meetings.

 

(N) Listing of delay claims and termination claims submitted which contain costs relating to the subject fiscal year.

 

(O) Contract briefings, which generally include a synopsis of all pertinent contract provisions, such as: Contract type, contract amount, product or service(s) to be provided, contract performance period, rate ceilings, advance approval requirements, pre-contract cost allowability limitations, and billing limitations.

 

(v) The Contractor shall update the billings on all contracts to reflect the final settled rates and update the schedule of cumulative direct and indirect costs claimed and billed, as required in paragraph (d)(2)(iii)(I) of this section, within 60 days after settlement of final indirect cost rates.

 

(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

 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

23











 

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. The completion invoice or voucher shall include settled subcontract amounts and rates. The prime contractor is responsible for settling subcontractor amounts and rates included in the completion invoice or voucher and providing status of subcontractor audits to the contracting officer upon request.

 

(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—

 

(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)(5) 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

 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

24











 

(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)

 

52.217-9     OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

 

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

 

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

 

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 42 Months.

 

(End of clause)

 

52.222-2      PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)

 

(a) The use of overtime is authorized under this contract if the overtime premium cost does not exceed $0.00 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;

 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

25











 

(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)

 

52.244-2      SUBCONTRACTS (OCT 2010)

 

(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.

 

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:

 

(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.

 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

26











 

(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 certified 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 certified cost or pricing data were or were not required;

 

(D) The extent, if any, to which the Contractor did not rely on the subcontractor’s certified 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 certified 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.

 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

27











 

(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:

 

Colorado State University

University of California at Berkeley

 

(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/

 

(End of clause)

 

252.203-9005, Implementation of Contractor Code of Business Ethics and Conduct (Dec 2008)

 

In accordance with FAR clause 52.203-13, Contractor Code of Business Ethics and Conduct, the designated “agency Office of the Inspector General” is the DoD OIG at the following address:

 

	
Office   of the Inspector General
    
	
United   States Department of Defense
    
	
Investigative   Policy and Oversight
    
	
Contractor   Disclosure Program
    
	
400   Army Navy Drive, Suite 1037
    
	
Arlington,   VA 22202-4704
    
	
Toll   Free Telephone: 866-429-8011
    


 

252.204-9004  IMPLEMENTATION OF DISCLOSURE OF INFORMATION (JUN 2007)

 

In accordance with DFARS 252.204-7000 Disclosure of Information, any information to be released shall be submitted at least 45 days before the proposed release date, for security and policy review.  Submit one copy to each below:

 

(a) Office of Public Affairs, DTRA/DIR/COS/PA, 8725 John J. Kingman Dr, MS 6201, Ft Belvoir VA  22060-6201.

(b) Contracting Officer

(c) Program Manager

 

(End of Clause)

 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

28











 

252.245-9000  Government Property (MAY 2013)

 

(a)         In accordance with FAR 52.245-1(b), Property Management, and FAR 52.245-1(f), Contractor Plans and Systems, the Contractor shall have a system to manage (control, use, preserve, protect, repair and maintain) Government property in its possession.

 

(b)         The Contractor shall complete and return the applicable attachment(s) electronically:

 

i.            Requisitioned Government-Furnished Property (RGFP) to include the following:

 

	
If   Non-Reimbursable:
    	
If   Reimbursable:
    
	
Item#
    	
Item#
    
	
Description
    	
Description
    
	
CAGE   Code
    	
$ Limit Authorized
    
	
Marking   Instrument
    	
Marking   Instrument
    
	
NSN
    	
NSN
    
	
Nomen
    	
Nomen
    
	
Part or   Indent#
    	
Part or   Indent
    
	
Quantity
    	
Quantity
    
	
Type   Designator
    	
Unit   of Measure
    
	
Unite   Acquisition Cost
    	
Use   As Is
    
	
Unit   of Measure
    	
 
    
	
Use   As Is
    	
 
    
			


 

ii.         Scheduled Government-Furnished Property (SGFP) to include the following:

 

	
If   Serialized Items List:
    	
If   Non —Serialized Items List:
    
	
Item#
    	
Item#
    
	
Description
    	
Description
    
	
CAGE
    	
CAGE
    
	
Marking   Instrument
    	
Marking   Instrument
    
	
Model#
    	
Model#
    
	
NSN
    	
NSN
    
	
Nomen
    	
Nomen
    
	
Part#
    	
Part#
    
	
Part or   Indent#
    	
Part or   Indent
    
	
Quantity
    	
Quantity
    
	
Serial#
    	
Type   Designator
    
	
Type   Designator
    	
Unit   Acquisition Cost
    
	
Unit   Acquisition Cost
    	
Unit   of Measure
    
	
Unit   of Measure
    	
Use   As Is
    
	
Use   As Is
    	
 
    
			


 

The electronic property links are as follows:

 

Requisitioned Government-Furnished Property (RGFP):  http://www.acq.osd.mil/dpap/pdi/pc/docs/RequisitionedGovernmentFurnishedPropertyFORM.pdf

 

Scheduled Government-Furnished Property (SGFP):  http://www.acq.osd.mil/dpap/pdi/pc/docs/ScheduledGovernmentFurnishedPropertryFORM.pdf

 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

29











 

(c)          The Government Site Visits/Physical Inventory — The DTRA will annually verify the Property in the Possession of the Contractor.  The Contactor’s Point of Contact shall coordinate with the Program Manager/Contracting Officer Representative or DTRA Accountable Property Officer (APO) on prearranged site visits upon request.

 

(d)         The physical inventory report shall be validated/confirmed via signature by both the Contractor’s Property Administrator and the DTRA’s Government Representative (i.e. COR, APO, etc.).  Inventory discrepancies must be reported immediately to the Contracting Officer, COR/Program Manager and resolved by the DTRA APO.

 

(e)          Inventory Disposal Schedule — When applicable, the Contractor shall submit the inventory disposal schedule to the DTRA Logistics Office (DTRA J4L) for approval 45 days prior to submission of an inventory disposal schedule to the Plant Clearance Officer.

 

(End of Clause)

 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

30











 

Section J - List of Documents, Exhibits and Other Attachments

 

Exhibit/Attachment Table of Contents

 

	
DOCUMENT TYPE
    	
 
    	
DESCRIPTION
    	
 
    	
PAGES
    	
 
    	
DATE
    
	
Exhibit A
    	
 
    	
Contract   Data Requirements List (CDRL)
    	
 
    	
12
    	
 
    	
30-SEP-2013
    
	
Attachment   1
    	
 
    	
Statement   of Work
    	
 
    	
11
    	
 
    	
29-JUN-2013
    
	
Attachment   2
    	
 
    	
Data   Assertions Table
    	
 
    	
1
    	
 
    	
03-JUN-2013
    


 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 

31











 

Anacor Pharmaceuticals

 

Project Title: Overcoming Resistance by the Application of Boron to Ribosomal Inhibitors

 

Statement of Work (SOW)

 

Date SOW Prepared: 29th June, 2013

 

	
1.0
    	
 
    	
Objective: [ * ]
    
	
 
    	
 
    	
 
    
	
2.0
    	
 
    	
Scope: [ * ]
    
	
 
    	
 
    	
 
    
	
3.0
    	
 
    	
Background: [ * ]
    
	
 
    	
 
    	
 
    
	
4.0
    	
 
    	
Tasks: [ * ]
    


 

	
 
    	
 
    	
 
    
	
Date
    	
3rd June 2013
    	
 
    
	
 
    	
 
    
	
Printed   Name and Title
    	
Eric   Easom, VP Neglected Disease Research
    
	
 
    	
 
    
	
 
    	
 
    
	
Signature
    	
/s/   Eric Easom
    


 

[ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.

 













	
  

  

   

   

  	
  [ * ] = Certain
  confidential information contained in this document, marked by brackets, has
  been omitted and filed separately with the Securities and Exchange Commission
  pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
  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 collection 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
  (0704-0188). 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 OBM 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.
  B. EXHIBIT A C. CATEGORY: TDP __________ TM __________ OTHER Management D.
  SYSTEM/ITEM Overcoming Resistance by the Application E. CONTRACT/PR NO.
  HDTRA1-14-C-0003 F. CONTRACTOR Anacor Pharmaceuticals 1. DATA ITEM NO. A001
  2. TITLE OF DATA ITEM Meeting/ Teleconference Minutes 3. SUBTITLE 17. PRICE
  GROUP 4. AUTHORITY (Data Acquisition Document No.) DI-ADMN-81505 5. CONTRACT
  REFERENCE Statement of Work 6. REQUIRING OFFICE DTRA-J9-CBM 14. DISTRIBUTION
  7. DD 250 REQ LT 10. FREQUENCY See BLK 16 12. DATE OF FIRST SUBMISSION See
  BLK 16 b. COPIES 18. ESTIMATED TOTAL PRICE Final 8. APP CODE A 9. DIST
  STATEMENT REQUIRED te 11. AS OF DATE N/A 13. DATE OF SUBSEQUENT SUBMISSION
  N/A a. ADDRESSEE Draft Reg Repro DTRA/J9CBM 0 1 0 DTRA/J4CRC 0 1 0 16.
  REMARKS BLOCK 10: frequency depends on number of meetings and Teleconferences
  BLOCK 12: The Contractor shall provide meeting minutes within 7 days after
  all meetings/teleconferences. The minutes shall be provided via email in
  Microsoft Office compatible format 15. TOTAL 0 2 0 G. PREPARED BY
  rachael.owlett_co ntractor@dtra.mil Digitally signed by
  rachael.owlett_contractor@dtra.mil DM: cn=rachael.owlett_contractor@dtra.mil
  Date: 2013.09.30 16:23:42 -04’00’ H. DATE 30 Sept. 2013 I. APPROVED BY
  QIAO.GUILIN. 1291041546 Digitally signed by QIAO.FUILIN.1291041546 DN: o=US,
  o=U.S. Government, ou=OoO, ou=PKI, ou=DTRA cn=QIAO.GULIN.1291041546 Date:
  2013.10.07 12:46:26 - 04’00’ J. DATE 

  






 















	
  

  

  	
  [ * ] = Certain
  confidential information contained in this document, marked by brackets, has
  been omitted and filed separately with the Securities and Exchange Commission
  pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
  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 collection 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
  (0704-0188). 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 OBM 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.
  N/A B. EXHIBIT A C. CATEGORY: TDP __________ TM __________ OTHER Management
  D. SYSTEM/ITEM Overcoming Resistance by the Application E. CONTRACT/PR NO.
  HDTRA1-14-C-0003 F. CONTRACTOR Anacor Pharmaceuticals 1. DATA ITEM NO. A002
  2. TITLE OF DATA ITEM Quarterly Financial Status Report 3. SUBTITLE 17. PRICE
  GROUP 4. AUTHORITY (Data Acquisition Document No.) DI-FNCL-80331A 5. CONTRACT
  REFERENCE Statement of Work 6. REQUIRING OFFICE DTRA J9 CBM 14. DISTRIBUTION
  7. DD 250 REQ LT 10. FREQUENCY Quarterly 12. DATE OF FIRST SUBMISSION See BLK
  16 b. COPIES 18. ESTIMATED TOTAL PRICE Final 8. APP CODE A 9. DIST STATEMENT
  REQUIRED 11. AS OF DATE N/A 13. DATE OF SUBSEQUENT SUBMISSION See BLK 16 a.
  ADDRESSEE Draft Reg Repro DTRA/J9CBM 0 1 0 DTRA/J4CRC 0 1 0 16. REMARKS
  BLOCKS 11-13: Submission shall be in conjunction with the Quarterly Status
  Report, 30 days after the end of each Quarter. Format as provided to
  contractor. 15. TOTAL 0 2 0 G. PREPARED BY rachael.owlett_co
  ntractor@dtra.mil Digitally signed by rachael.owlett_contractor@dtra.mil DM:
  cn=rachael.owlett_contractor@dtra.mil Date: 2013.09.30 16:23:42 -04’00’ H.
  DATE 30 Sept. 2013 I. APPROVED BY QIAO.GUILIN. 1291041546 Digitally signed by
  QIAO.FUILIN.1291041546 DN: o=US, o=U.S. Government, ou=OoO, ou=PKI, ou=DTRA
  cn=QIAO.GULIN.1291041546 Date: 2013.10.07 12:46:26 - 04’00’ J. DATE 

  






 


 












	
   

  

  

  	
  [ * ] = Certain
  confidential information contained in this document, marked by brackets, has
  been omitted and filed separately with the Securities and Exchange Commission
  pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
  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 collection 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
  (0704-0188). 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 OBM 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.
  N/A B. EXHIBIT A C. CATEGORY: TDP __________ TM __________ OTHER Management
  D. SYSTEM/ITEM Overcoming Resistance by the Application E. CONTRACT/PR NO.
  HDTRA1-14-C-0003 F. CONTRACTOR Anacor Pharmaceuticals 1. DATA ITEM NO. A003
  2. TITLE OF DATA ITEM Quarterly Progress Report 3. SUBTITLE 17. PRICE GROUP
  4. AUTHORITY (Data Acquisition Document No.) DI-MGMT-80555A 5. CONTRACT
  REFERENCE Statement of Work 6. REQUIRING OFFICE DTRA J9 CBM 14. DISTRIBUTION
  7. DD 250 REQ LT 10. FREQUENCY Quarterly 12. DATE OF FIRST SUBMISSION See BLK
  16 b. COPIES 18. ESTIMATED TOTAL PRICE Final 8. APP CODE A 9. DIST STATEMENT
  REQUIRED 11. AS OF DATE Contact Award 13. DATE OF SUBSEQUENT SUBMISSION See
  BLK 16 a. ADDRESSEE Draft Reg Repro DTRA/J9CBM 0 1 0 DTRA/J4CRC 0 1 0 16. REMARKS
  The Quarterly Progress Report shall highlight the technical progress made
  during the previous quarter, as well as provide quantitative estimates of
  cost, performance, and schedule, by month, for the quarter. BLOCK 12-13:
  After award, each report is due within 15 days after the end of the Quarter
  ased on the date of contract award. This applies to Quarters 1, 2 & 3
  only Quarterly Progress Reports shall be provided via email in Microsoft
  Office compatible software. Government provided format. 15. TOTAL 0 2 0 G.
  PREPARED BY rachael.owlett_co ntractor@dtra.mil Digitally signed by
  rachael.owlett_contractor@dtra.mil DM: cn=rachael.owlett_contractor@dtra.mil
  Date: 2013.09.30 16:23:42 -04’00’ H. DATE 30 Sept. 2013 I. APPROVED BY
  QIAO.GUILIN. 1291041546 Digitally signed by QIAO.FUILIN.1291041546 DN: o=US,
  o=U.S. Government, ou=OoO, ou=PKI, ou=DTRA cn=QIAO.GULIN.1291041546 Date:
  2013.10.07 12:46:26 - 04’00’ J. DATE 

  






 















	
  

  

   

  	
  [ * ] = Certain
  confidential information contained in this document, marked by brackets, has
  been omitted and filed separately with the Securities and Exchange Commission
  pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
  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 collection 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
  (0704-0188). 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 OBM 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.
  N/A B. EXHIBIT A C. CATEGORY: TDP __________ TM __________ OTHER Management
  D. SYSTEM/ITEM Overcoming Resistance by the Application E. CONTRACT/PR NO.
  HDTRA1-14-C-0003 F. CONTRACTOR Anacor Pharmaceuticals 1. DATA ITEM NO. A004
  2. TITLE OF DATA ITEM Annual Report 3. SUBTITLE 17. PRICE GROUP 4. AUTHORITY
  (Data Acquisition Document No.) DI-MGMT-80555A 5. CONTRACT REFERENCE
  Statement of Work 6. REQUIRING OFFICE DTRA J9 CBM 14. DISTRIBUTION 7. DD 250
  REQ LT 10. FREQUENCY Annually 12. DATE OF FIRST SUBMISSION See BLK 16 b.
  COPIES 18. ESTIMATED TOTAL PRICE Final 8. APP CODE A 9. DIST STATEMENT REQUIRED
  11. AS OF DATE N/A 13. DATE OF SUBSEQUENT SUBMISSION N/A a. ADDRESSEE Draft
  Reg Repro DTRA/J9CBM 0 1 0 DTRA/J4CRC 0 1 0 16. REMARKS BLOCK 4: Paragraphs,
  subparagraphs, and line items described in DI-MANAGEMENT-80555A may be
  omitted or edited for appropriateness with prior approval from the
  Contracting Office. Please provide final recommended content and format to
  the contracting office with the response to the fact finding letter. BLOCK
  12-13: Submission within 30 days of the anniversary date of award per annum.
  In addition to the content and format requirements defined in DI MGMT-80555A
  the annual report shall narrate a complete summary of the contract execution
  and associated results obtained to include project results and
  accomplishments, issues encountered and recommended solutions. The report
  shall also address tasks that were not completed, reasons for non-completion,
  and a plan to accomplish the tasks or alternative approach to accomplish
  project goals, and as needed, an updated Statement of Work. Government
  provided format 15. TOTAL 0 2 0 G. PREPARED BY rachael.owlett_co
  ntractor@dtra.mil Digitally signed by rachael.owlett_contractor@dtra.mil DM:
  cn=rachael.owlett_contractor@dtra.mil Date: 2013.09.30 16:23:42 -04’00’ H.
  DATE 30 Sept. 2013 I. APPROVED BY QIAO.GUILIN. 1291041546 Digitally signed by
  QIAO.FUILIN.1291041546 DN: o=US, o=U.S. Government, ou=OoO, ou=PKI, ou=DTRA
  cn=QIAO.GULIN.1291041546 Date: 2013.10.07 12:46:26 - 04’00’ J. DATE 

  






 


 












	
  

  

   

   

  	
  [ * ] = Certain
  confidential information contained in this document, marked by brackets, has
  been omitted and filed separately with the Securities and Exchange Commission
  pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
  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 collection 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
  (0704-0188). 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 OBM 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.
  N/A B. EXHIBIT A C. CATEGORY: TDP __________ TM __________ OTHER Management
  D. SYSTEM/ITEM Overcoming Resistance by the Application E. CONTRACT/PR NO.
  HDTRA1-14-C-0003 F. CONTRACTOR Anacor Pharmaceuticals 1. DATA ITEM NO. A005
  2. TITLE OF DATA ITEM Final Report 3. SUBTITLE 17. PRICE GROUP 4. AUTHORITY
  (Data Acquisition Document No.) DI-MGMT-80555A 5. CONTRACT REFERENCE
  Statement of Work 6. REQUIRING OFFICE DTRA J9 CBM 14. DISTRIBUTION 7. DD 250
  REQ LT 10. FREQUENCY One Time 12. DATE OF FIRST SUBMISSION See BLK 16 b.
  COPIES 18. ESTIMATED TOTAL PRICE Final 8. APP CODE A 9. DIST STATEMENT
  REQUIRED 11. AS OF DATE See BLK 16 13. DATE OF SUBSEQUENT SUBMISSION N/A a.
  ADDRESSEE Draft Reg Repro DTRA/J9CBM 0 1 0 DTRA/J4CRC 0 1 0 DTRA-DTRIAC DTIC
  0 1 0 16. REMARKS BLOCK 4: Paragraphs, subparagraphs, and line items
  described in DI-MANAGEMENT-80555A may be omitted or edited for
  appropriateness with prior approval from the Contracting Office. Please
  provide final recommended content and format to the contracting office with
  the response to the fact finding letter. BLOCK 12: 90 Days after end of
  Period of Performance (PoP), per the below schedule. - The Contractor shall
  submit a Draft Final Report by the 30th calendar day following the end of the
  contract PoP. - DTRA shall provide comments to the Contractor by the 30th
  calendar day following receipt of the Contractor’s Draft Final Report. - The
  Contractor shall submit the Final Report on the 30th calendar day after
  receipt of DTRA’s comments to the draft. A Final Report shall be prepared at
  the end of the effort. A Final report shall be provided whether any or all of
  the contract options are exercised. This report takes the place of the last
  quarterly or annual report due. (A Financial report is still required.) The
  report shall be in the government provided format and narrate a complete
  summary of the contract execution and associated results obtained. The
  narration will include outstanding problems and their potential solution, and
  problems solved during the course of the year, along with the solution to the
  solved problems. The report shall demonstrate how the Technology Readiness
  Level (TRL) has been advanced. The report submission shall be provided via
  email in Microsoft Office or PDF compatible software. 15. TOTAL 0 3 0 G.
  PREPARED BY rachael.owlett_co ntractor@dtra.mil Digitally signed by
  rachael.owlett_contractor@dtra.mil DM: cn=rachael.owlett_contractor@dtra.mil
  Date: 2013.09.30 16:23:42 -04’00’ H. DATE 30 Sept. 2013 I. APPROVED BY
  QIAO.GUILIN. 1291041546 Digitally signed by QIAO.FUILIN.1291041546 DN: o=US,
  o=U.S. Government, ou=OoO, ou=PKI, ou=DTRA cn=QIAO.GULIN.1291041546 Date:
  2013.10.07 12:46:26 - 04’00’ J. DATE 

  






 















	
  

  

   

  	
  [ * ] = Certain
  confidential information contained in this document, marked by brackets, has
  been omitted and filed separately with the Securities and Exchange Commission
  pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
  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 collection 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
  (0704-0188). 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 OBM 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.
  N/A B. EXHIBIT A C. CATEGORY: TDP __________ TM __________ OTHER Management
  D. SYSTEM/ITEM Overcoming Resistance by the Application E. CONTRACT/PR NO.
  HDTRA1-14-C-0003 F. CONTRACTOR Anacor Pharmaceuticals 1. DATA ITEM NO. A006
  2. TITLE OF DATA ITEM Master Government Property – Physical Inventory 3.
  SUBTITLE GFP, GFE, GFM, and Contractor Acquired Property 17. PRICE GROUP 4.
  AUTHORITY (Data Acquisition Document No.) DI-MGMT-80441 5. CONTRACT REFERENCE
  Statement of Work 6. REQUIRING OFFICE DTRA J9 CBM 14. DISTRIBUTION 7. DD 250
  REQ LT 10. FREQUENCY See BLK 16 12. DATE OF FIRST SUBMISSION See BLK 16 b.
  COPIES 18. ESTIMATED TOTAL PRICE Final 8. APP CODE A 9. DIST STATEMENT
  REQUIRED 11. AS OF DATE See BLK 16 13. DATE OF SUBSEQUENT SUBMISSION See BLK
  16 a. ADDRESSEE Draft Reg Repro DTRA/J9CBM 0 1 0 DTRA/J4CRC 0 1 0 DTRA/J4LMM
  0 1 0 DTRA/J8CK 0 1 0 Office of Naval Research 0 1 0 16. REMARKS BLOCK 10:
  Quarterly, in conjunction with the Quarterly Report BLOCK 11: Award of
  Contract/Task Order BLOCK 12: 15 working days after the end of the first
  quarter of performance BLOCK 13: 15 working days after the end of the quarter
  During performance of the contract, the contractor may purchase material or
  equipment using government funds [Contractor Acquired Property (CAP)] if
  approved by the Procurement Contracting Officer (PCO). The contractor shall
  perform, record, and disclose physical inventory results of all CAP in the
  contractor’s possession. In addition, the contractor shall use the forms
  below to document schedule property purchases and purchases made in
  accordance with FAR 52.251-1. 1) Schedule Government Furnished Property Form:
  For any equipment the contractor plans to purchase, the contractor shall fill
  out Link A (Schedule Government Furnished Property Form) and distribute in
  accordance with the timelines established in Blocks 10, 11, 12 and 13. 2)
  Requisitioned Government Furnished Property Form: For any equipment the
  contractor plans to purchase in accordance with FAR 52.251-1, the contractor
  shall fill out Link B (Requisitioned Government Furnished Property Form), and
  distribute in accordance with the timelines established in Blocks 10, 11, 12
  and 13. Link A:
  http://www.acq.osd.mil/dpap/pdi/pc/docs/ScheduledGovernmentFurnishedProperty
  -VERSION1.4_distributed_.pdf Link B:
  http://www.acq.osd.mil/dpap/pdi/pc/docs/RequisitionedGovernmentFurnishedProp
  erty-VERSION1.3_distributed_0005.pdf 15. TOTAL 0 5 0 G. PREPARED BY
  rachael.owlett_co ntractor@dtra.mil Digitally signed by
  rachael.owlett_contractor@dtra.mil DM: cn=rachael.owlett_contractor@dtra.mil
  Date: 2013.09.30 16:23:42 -04’00’ H. DATE 30 Sept. 2013 I. APPROVED BY
  QIAO.GUILIN. 1291041546 Digitally signed by QIAO.FUILIN.1291041546 DN: o=US,
  o=U.S. Government, ou=OoO, ou=PKI, ou=DTRA cn=QIAO.GULIN.1291041546 Date:
  2013.10.07 12:46:26 - 04’00’ J. DATE 

  






 


 












	
  

  

  	
  [ * ] = Certain
  confidential information contained in this document, marked by brackets, has
  been omitted and filed separately with the Securities and Exchange Commission
  pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
  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 collection 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
  (0704-0188). 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 OBM 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.
  N/A B. EXHIBIT A C. CATEGORY: TDP __________ TM __________ OTHER Management
  D. SYSTEM/ITEM Overcoming Resistance by the Application E. CONTRACT/PR NO.
  HDTRA1-14-C-0003 F. CONTRACTOR Anacor Pharmaceuticals 1. DATA ITEM NO. A007
  2. TITLE OF DATA ITEM Patents – Reporting of Subject Inventions 3. SUBTITLE
  17. PRICE GROUP 4. AUTHORITY (Data Acquisition Document No.) DI-MGMT-80711A
  5. CONTRACT REFERENCE N/A 6. REQUIRING OFFICE DTRA J9 CBM 14. DISTRIBUTION 7.
  DD 250 REQ LT 10. FREQUENCY See BLK 16 12. DATE OF FIRST SUBMISSION See BLK
  16 b. COPIES 18. ESTIMATED TOTAL PRICE Final 8. APP CODE A 9. DIST STATEMENT
  REQUIRED 11. AS OF DATE See BLK 16 13. DATE OF SUBSEQUENT SUBMISSION See BLK
  16 a. ADDRESSEE Draft Reg Repro DTRA/J9CBM 0 1 0 DTRA/J4CRC 0 1 0 16. REMARKS
  Invention Disclosures/Patents – Subject Inventions Disclosures and Reports in
  accordance with either DFARS 252.227-7039 (Patents – Reporting of Subject
  Inventions)/FAR 52.227-11 (Patent Rights – Ownership by the Contractor) or
  DFARS 2523.227-7038 (Patent Rights – Ownership by the Contractor (Large
  Business): (1) Provide copies of invention disclosures for subject inventions
  within 20 months of an employee inventor reporting a subject invention to the
  Contractor (or, for large businesses, within 6 months after the Contractor
  first becomes aware that a subject invention has been made, whichever is
  earlier); (2) submit DD Form 882 every 12 months from the date of the
  contract aware, even if no inventions are made during that period; (3) submit
  DD Form 882 in a final report, even if no inventions are made during the
  contract term; (4) submit a written statement of Contractor’s election
  whether or not to retain ownership in a subject invention within 2 years of
  providing the invention disclosure, or, if any publication, on sale or public
  use of the subject invention has initiated the 1-year statutory period during
  which valid patent protection can be obtained in the United States, not later
  than 60 days prior to the end of the statutory period; (5) provide a copy of
  either a filed provisional or a filed nonprovisional patent application on an
  elected subject invention within 1 year after the election of title of the
  subject invention, or within the 1-year statutory period if it has been
  initiated, with an acknowledgment of government rights in the specification
  as identified at 37 C.F.R. § 401.14(f)(4), (6) provide a copy of a filed
  nonprovisional patent application on an elected subject invention within 10
  months after filing the provisional patent application on the elected subject
  invention; and (7) provide for every subject invention upon which a patent
  application has been filed or a patent issued, a nonexclusive,
  nontransferable, irrevocable, paid-up license to the Government to practice,
  or have practiced for or on its behalf, the subject invention throughout the
  world, and an irrevocable power to inspect and make copies of the patent
  application file. 15. TOTAL 0 2 0 G. PREPARED BY rachael.owlett_co
  ntractor@dtra.mil Digitally signed by rachael.owlett_contractor@dtra.mil DM:
  cn=rachael.owlett_contractor@dtra.mil Date: 2013.09.30 16:23:42 -04’00’ H.
  DATE 30 Sept. 2013 I. APPROVED BY QIAO.GUILIN. 1291041546 Digitally signed by
  QIAO.FUILIN.1291041546 DN: o=US, o=U.S. Government, ou=OoO, ou=PKI, ou=DTRA
  cn=QIAO.GULIN.1291041546 Date: 2013.10.07 12:46:26 - 04’00’ J. DATE 

  






 















	
  

  

  	
  [ * ] = Certain
  confidential information contained in this document, marked by brackets, has
  been omitted and filed separately with the Securities and Exchange Commission
  pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
  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 collection 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
  (0704-0188). 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 OBM 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. N/A B.
  EXHIBIT A C. CATEGORY: TDP __________ TM __________ OTHER Management D.
  SYSTEM/ITEM Overcoming Resistance by the Application E. CONTRACT/PR NO.
  HDTRA1-14-C-0003 F. CONTRACTOR Anacor Pharmaceuticals 1. DATA ITEM NO. A008
  2. TITLE OF DATA ITEM Regulatory Approvals and Technical Data Packages 3.
  SUBTITLE Submission Report (Regulatory Appr. Docs) 17. PRICE GROUP 4.
  AUTHORITY (Data Acquisition Document No.) See BLK 16 5. CONTRACT REFERENCE
  SOW 6. REQUIRING OFFICE DTRA J9 CBM 14. DISTRIBUTION 7. DD 250 REQ LT 10.
  FREQUENCY See BLK 16 12. DATE OF FIRST SUBMISSION See BLK 16 b. COPIES 18.
  ESTIMATED TOTAL PRICE Final 8. APP CODE A 9. DIST STATEMENT REQUIRED 11. AS
  OF DATE N/A 13. DATE OF SUBSEQUENT SUBMISSION See BLK 16 a. ADDRESSEE Draft
  Reg Repro DTRA/J9CBM 0 1 0 DTRA/J4CRC 0 1 0 16. REMARKS The Contractor is
  responsible for submitting pre-IND, IND, and/or pre-EUA to the FDA.
  Contractor will provide the Government copies of all technical data generated
  by the Contractor prior to and during performance of contract necessary to
  pursue FDA approval of pre-IND, IND, or pre-EUA and notify the Government of
  FDA decisions. All written communications to and/or from the FDA will be
  provided to the Government. BLOCK 4: For reporting of all written
  communications to and/or from the FDA the Contractor shall use DI-ADMIN-81505
  as a basis for format and content for reporting meeting and teleconference
  minutes. There are no format requirements for emails traffic. The contractor
  will submit all pre-IND, IND, and/or pre-EUA report submission to the
  Contracting Officer’s Representative (COR) in the applicable FDA format.
  BLOCK 10, 12-13: The Contractor will report all written communications to
  and/or from the FDA as it takes place. The Contractor will courtesy copy the
  COR on all email traffic to the FDA and will forward all emails received from
  the FDA to the COR. Meeting minutes will be forwarded to the COR within 7
  days of the meeting or teleconference. Reporting the submission of pre-IND,
  IND, and/or pre-EUA to the Government will be congruent with filing with the
  FDA. The report submission shall be provided via email in Microsoft Office or
  PDF compatible format. Government review/approval will not impede submission
  of documents to FDA by Contractor. 15. TOTAL 0 2 0 G. PREPARED BY
  rachael.owlett_co ntractor@dtra.mil Digitally signed by
  rachael.owlett_contractor@dtra.mil DM: cn=rachael.owlett_contractor@dtra.mil
  Date: 2013.09.30 16:23:42 -04’00’ H. DATE 30 Sept. 2013 I. APPROVED BY
  QIAO.GUILIN. 1291041546 Digitally signed by QIAO.FUILIN.1291041546 DN: o=US,
  o=U.S. Government, ou=OoO, ou=PKI, ou=DTRA cn=QIAO.GULIN.1291041546 Date:
  2013.10.07 12:46:26 - 04’00’ J. DATE 

  






 












	
  

  

  	
  [ * ] = Certain
  confidential information contained in this document, marked by brackets, has
  been omitted and filed separately with the Securities and Exchange Commission
  pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
  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 collection 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
  (0704-0188). 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 OBM 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.
  N/A B. EXHIBIT A C. CATEGORY: TDP __________ TM __________ OTHER Management
  D. SYSTEM/ITEM Overcoming Resistance by the Application E. CONTRACT/PR NO.
  HDTRA1-14-C-0003 F. CONTRACTOR Anacor Pharmaceuticals 1. DATA ITEM NO. A009
  2. TITLE OF DATA ITEM Expenditure Forecast 3. SUBTITLE 17. PRICE GROUP 4.
  AUTHORITY (Data Acquisition Document No.) DI-MGMT-81468 5. CONTRACT REFERENCE
  SOW 6. REQUIRING OFFICE DTRA J9 CBM 14. DISTRIBUTION 7. DD 250 REQ LT 10.
  FREQUENCY See BLK 16 12. DATE OF FIRST SUBMISSION See BLK 16 b. COPIES 18.
  ESTIMATED TOTAL PRICE Final 8. APP CODE A 9. DIST STATEMENT REQUIRED 11. AS
  OF DATE N/A 13. DATE OF SUBSEQUENT SUBMISSION See BLK 16 a. ADDRESSEE Draft
  Reg Repro DTRA/J9CBM 0 1 0 DTRA/J4CRC 0 1 0 16. REMARKS BLOCK 10-13: First submission
  within 30 days after award. Subsequent update reports due within 30 days
  after the end of the Fiscal year. An updated forecast shall be submitted
  within 30 days of any contractual modifications that change the period of
  performance or the cost of the contract. Report shall forecast by month and
  shall include both the monthly planned accrual, as well as, the cumulative
  total. Contractor shall us Microsoft Excel compatible software. 15. TOTAL 0 2
  0 G. PREPARED BY rachael.owlett_co ntractor@dtra.mil Digitally signed by
  rachael.owlett_contractor@dtra.mil DM: cn=rachael.owlett_contractor@dtra.mil
  Date: 2013.09.30 16:23:42 -04’00’ H. DATE 30 Sept. 2013 I. APPROVED BY
  QIAO.GUILIN. 1291041546 Digitally signed by QIAO.FUILIN.1291041546 DN: o=US,
  o=U.S. Government, ou=OoO, ou=PKI, ou=DTRA cn=QIAO.GULIN.1291041546 Date:
  2013.10.07 12:46:26 - 04’00’ J. DATE 

  






 















	
  

  

  	
  [ * ] = Certain
  confidential information contained in this document, marked by brackets, has
  been omitted and filed separately with the Securities and Exchange Commission
  pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
  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 collection 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
  (0704-0188). 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 OBM
  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. N/A B. EXHIBIT A
  C. CATEGORY: TDP __________ TM __________ OTHER Management D. SYSTEM/ITEM
  Overcoming Resistance by the Application E. CONTRACT/PR NO. HDTRA1-14-C-0003
  F. CONTRACTOR Anacor Pharmaceuticals 1. DATA ITEM NO. A010 2. TITLE OF DATA
  ITEM Miscellaneous Data Submissions 3. SUBTITLE 17. PRICE GROUP 4. AUTHORITY
  (Data Acquisition Document No.) N/A 5. CONTRACT REFERENCE SOW 6. REQUIRING OFFICE
  DTRA J9 CBM 14. DISTRIBUTION 7. DD 250 REQ LT 10. FREQUENCY See BLK 16 12.
  DATE OF FIRST SUBMISSION See BLK 16 b. COPIES 18. ESTIMATED TOTAL PRICE Final
  8. APP CODE A 9. DIST STATEMENT REQUIRED 11. AS OF DATE N/A 13. DATE OF
  SUBSEQUENT SUBMISSION See BLK 16 a. ADDRESSEE Draft Reg Repro DTRA/J9CBM 0 1
  0 DTRA/J4CRC 0 1 0 16. REMARKS Required submissions include Point Papers,
  Briefings, TPP, PDP, ACURO Approvals, HROB Approvals, Technical Presentations
  and Publications. Also any formal technical reports that have been prepared
  for eventual submission to FDA or other regulatory agencies. This is to
  include reports on Pharmaceutical Development, Manufacturing Development,
  Manufacturing Validation, Analytical Development and Validation, Drug
  Substance and Product Stability and the like. Performer will also submit
  completed batch records, certificates of analysis and the like. Unless format
  provided, contractor format is acceptable. Deliverables shall be Microsoft
  Office or PDF compatible. 15. TOTAL 0 2 0 G. PREPARED BY rachael.owlett_co
  ntractor@dtra.mil Digitally signed by rachael.owlett_contractor@dtra.mil DM:
  cn=rachael.owlett_contractor@dtra.mil Date: 2013.09.30 16:23:42 -04’00’ H.
  DATE 30 Sept. 2013 I. APPROVED BY QIAO.GUILIN. 1291041546 Digitally signed by
  QIAO.FUILIN.1291041546 DN: o=US, o=U.S. Government, ou=OoO, ou=PKI, ou=DTRA
  cn=QIAO.GULIN.1291041546 Date: 2013.10.07 12:46:26 - 04’00’ J. DATE 

  






 


 












	
  

  

  	
  [ * ] = Certain
  confidential information contained in this document, marked by brackets, has
  been omitted and filed separately with the Securities and Exchange Commission
  pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
  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 collection 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
  (0704-0188). 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 OBM 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.
  1 B. EXHIBIT 0 C. CATEGORY: TDP __________ TM __________ OTHER Management D.
  SYSTEM/ITEM Overcoming Resistance by the Application E. CONTRACT/PR NO.
  HDTRA1-14-C-0003 F. CONTRACTOR Anacor Pharmaceuticals 1. DATA ITEM NO. A011
  2. TITLE OF DATA ITEM DURC (Dual Use Research of Concern) Status Reporting 3.
  SUBTITLE Bi-Annual Status Reporting 17. PRICE GROUP 4. AUTHORITY (Data
  Acquisition Document No.) Contract 5. CONTRACT REFERENCE SOW 6. REQUIRING
  OFFICE DTRA J9 CBM 14. DISTRIBUTION 7. DD 250 REQ No 10. FREQUENCY Biannually
  12. DATE OF FIRST SUBMISSION See BLK 16 b. COPIES 18. ESTIMATED TOTAL PRICE
  Final 8. APP CODE N/A 9. DIST STATEMENT REQUIRED C 11. AS OF DATE N/A 13.
  DATE OF SUBSEQUENT SUBMISSION See BLK 16 a. ADDRESSEE Draft Reg Repro
  DTRA/J9CBM 0 1 0 DTRA/J4CRC 0 1 0 DTRA-J9CBJDCO 0 1 0 DTRA-DTRIACDTIC 0 1 0
  16. REMARKS -Date of First Submission: 30 DAC (Calendar days after contract
  award) -Contractor format is acceptable. Content shall address key DURC
  issues identified in SOW. Performer signatures on each submittal certifies
  their understanding of DURC compliance requirements and status as reported in
  this CDRL. -Mark reports Distribution statement C. Distribution authorized to
  U.S. Government agencies and their contractors. -All submittals should be
  sent electronically. DTRA JDCO submittal can be sent electronically to
  JDCO@dtra.mil (DTRA J9CB/JSTO) -Bi-annual submittals required, due
  approximately every 1 NOV and 1 JUNE 15. TOTAL 0 4 0 G. PREPARED BY
  rachael.owlett_co ntractor@dtra.mil Digitally signed by
  rachael.owlett_contractor@dtra.mil DM: cn=rachael.owlett_contractor@dtra.mil
  Date: 2013.09.30 16:23:42 -04’00’ H. DATE 30 Sept. 2013 I. APPROVED BY
  QIAO.GUILIN. 1291041546 Digitally signed by QIAO.FUILIN.1291041546 DN: o=US,
  o=U.S. Government, ou=OoO, ou=PKI, ou=DTRA cn=QIAO.GULIN.1291041546 Date:
  2013.10.07 12:46:26 - 04’00’ J. DATE 

  






 















	
  

  

  	
  [ * ] = Certain
  confidential information contained in this document, marked by brackets, has
  been omitted and filed separately with the Securities and Exchange Commission
  pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
  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 collection 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
  (0704-0188). 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 OBM 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.
  1 B. EXHIBIT 0 C. CATEGORY: TDP __________ TM __________ OTHER Management D.
  SYSTEM/ITEM Overcoming Resistance by the Application E. CONTRACT/PR NO. HDTRA1-14-C-0003
  F. CONTRACTOR Anacor Pharmaceuticals 1. DATA ITEM NO. A012 2. TITLE OF DATA
  ITEM DURC Risk Mitigation Plan 3. SUBTITLE Risk Mitigation Plan 17. PRICE
  GROUP 4. AUTHORITY (Data Acquisition Document No.) Contract 5. CONTRACT
  REFERENCE SOW 6. REQUIRING OFFICE DTRA J9 CBM 14. DISTRIBUTION 7. DD 250 REQ
  No 10. FREQUENCY One Time/As Needed 12. DATE OF FIRST SUBMISSION See BLK 16
  b. COPIES 18. ESTIMATED TOTAL PRICE Final 8. APP CODE N/A 9. DIST STATEMENT
  REQUIRED C 11. AS OF DATE N/A 13. DATE OF SUBSEQUENT SUBMISSION See BLK 16 a.
  ADDRESSEE Draft Reg Repro DTRA/J9CBM 1 1 0 DTRA/J4CRC 1 1 0 DTRA-J9CBJDCO 0 1
  0 DTRA-DTRIACDTIC 0 1 0 16. REMARKS - Date of First Submission: 90 days after
  contract award - Contractor format is acceptable. Content shall address key
  issues outlined in DURC SOW paragraph, additional clarification available
  from COTR - Mark reports Distribution statement C. Distribution authorized to
  U.S. Government agencies and their contractors. - All submittals should be
  sent electronically. DTRA JDCO submittal can be sent electronically to
  JDCO@dtra.mil (DTRA J9CB/JSTO) - Submit DRAFT for government review. Update
  to final 15 days after receiving government comments on Draft. - CDRL due no
  later than 90 DAC, but earlier is acceptable. No work on DURC related
  activities can begin until a DURC Risk Mitigation Plan is finalized and
  approved. - To ensure DURC Mitigation Plan is accurate, submit updates as
  needed to maintain accuracy throughout duration of contract. 15. TOTAL 2 4 0
  G. PREPARED BY rachael.owlett_co ntractor@dtra.mil Digitally signed by
  rachael.owlett_contractor@dtra.mil DM: cn=rachael.owlett_contractor@dtra.mil
  Date: 2013.09.30 16:23:42 -04’00’ H. DATE 30 Sept. 2013 I. APPROVED BY
  QIAO.GUILIN. 1291041546 Digitally signed by QIAO.FUILIN.1291041546 DN: o=US,
  o=U.S. Government, ou=OoO, ou=PKI, ou=DTRA cn=QIAO.GULIN.1291041546 Date:
  2013.10.07 12:46:26 - 04’00’ J. DATE