Attachment 4 91st Cyber Ops Center Articles for OT Agreement

STANDARD ARTICLES FOR PROGRESSIVE DESIGN-BUILD CONSTRUCTION OTHER

TRANSACTION AGREEMENT

ARTICLE 1 – DEFINITIONS

ARTICLE 2: SCOPE OF THE AGREEMENT

ARTICLE 3: TERM OF AGREEMENT AND NOTICE TO PROCEED

ARTICLE 4: TERMINATION

ARTICLE 5: CHANGES TO THE AGREEMENT

ARTICLE 6: OBLIGATION AND PAYMENT

ARTICLE 7: BONDING REQUIREMENTS

ARTICLE 8: DISPUTE RESOLUTION

ARTICLE 9: CONFIDENTIAL AND PROPRIETARY INFORMATION

ARTICLE 10: DATA RIGHTS

ARTICLE 11: SECURITY

ARTICLE 12: TITLE TO AND DISPOSITION OF PROPERTY

ARTICLE 13: SAFEGUARDING CONTROLLED UNCLASSIFIED INFORMATION AND

CYBER INCIDENT REPORTING

ARTICLE 14: GOVERNING LAW AND JURISDICTION

ARTICLE 15: STATUTORY AUTHORITY AND APPLICABLE LAW

ARTICLE 16: FORCE MAJEURE

ARTICLE 17: ASSIGNMENT

ARTICLE 18: ORDER OF PRECEDENCE

ARTICLE 19: SECURITY PROHIBITIONS AND EXCLUSIONS

ARTICLE 20: PROGRESSIVE DESIGN-BUILD RESPONSIBILITY

ARTICLE 21: DESIGN

ARTICLE 22: CONSTRUCTION

ARTICLE 23: RESPONSIBILITY AND INDEMNIFICATION

ARTICLE 24: COMPLIANCE WITH APPLICABLE LABOR LAWS

ARTICLE 25: LIQUIDATED DAMAGES FOR CONSTRUCTION

ARTICLE 26: SUSPENSION OF WORK

ARTICLE 27: BUY AMERICAN ACT REQUIREMENTS UNDER TRADE AGREEMENTS

ARTICLE 28: SMALL BUSINESS SUBCONTRACTORS

ARTICLE 29: SUBCONTRACTOR AGREEMENT

ARTICLE 30: CONGRESSIONAL AUTHORIZATION AND LIMITATION ON

CONSTRUCTION

ARTICLE 31: NATIONAL DEFENSE PRIORITY RATING AND SPECIAL AUTHORITY

ARTICLE 32: MISCELLANEOUS

OPTIONAL ARTICLES FOR OTA TEMPLATE

ARTICLE XX: GOVERNMENT FURNISHED PROPERTY

ARTICLE XX: CYBERSECURITY REQUIREMENTS

ARTICLE XX: FOREIGN ACCESS TO TECHNOLOGY AND EXPORT CONTROL

ATTACHMENTS

ATTACHMENT

1 SCOPE OF SERVICES (SOS)

ATTACHMENT

2 MILESTONE AND PAYMENT SCHEDULE

STANDARD ARTICLES FOR PROGRESSIVE DESIGN-BUILD CONSTRUCTION OTHER

TRANSACTION AGREEMENT

ARTICLE 1 – DEFINITIONS

1.1
A/E (Architect-Engineer) means the licensed professional, firm, or team responsible for planning, design, and preparation of technical drawings and specifications for the project. 1.2
Administrative Agreements Officer (AAO) means a warranted Agreements Officer delegated authority to administer delegated functions in support of the Agreement. 1.3
Adequate Security means protective measures commensurate with the consequences and probability of loss, misuse, unauthorized access to, or modification of information. 1.4
Agreement or OTA refers to the Other Transaction Agreement executed between the Government and the Design-Builder for the purpose of executing a Progressive Design-Build project. This Agreement is authorized under 10 U.S.C. 2808a. It is not a procurement contract, grant, or cooperative agreement and