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    Contract Form Contract Form Document Transcript

    • 1. THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES SOLICITATION, OFFER AND AWARD UNDER DPAS (15 CFR 700) 1 46 2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NO. [ ] SEALED BID (IFB) N68335-08-R-0165 11 Aug 2008 1300100116 [ X ] NEGOTIATED (RFP) 7. ISSUED BY CODE N68335 8. ADDRESS OFFER TO (If other than Item 7) CODE NAVAL AIR WARFARE CENTER AD (LKE) CODE 2.5.2.3.1 BLDG. 562-3 HWY 547 LAKEHURST NJ 08733-5082 TEL: See Item 7 TEL: FAX: FAX: NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder". SOLICITATION 9. Sealed offers in original and 2 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in Bldg 562, Floor 3 until 04:00 PM local time 11 Sep 2008 (Hour) (Date) CAUT ION - LAT E Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation. 10. FOR INFORMATION A. NAME B. TELEPHONE (Include area code) (NO COLLECT CALLS) C. E-MAIL ADDRESS CALL: CHRISTINE SOMERSET 732-323-1600 christine.somerset@navy .mmil 11. T ABLE OF CONT ENT S (X) SEC. DESCRIPT ION PAGE(S) (X) SEC. DESCRIPT ION PAGE(S) PART I - THE SCHEDULE PART II - CO NTRACT CLAUSES X A SOLICIT AT ION/ CONT RACT FORM 1-2 X I CONT RACT CLAUSES 19 - 28 X B SUPPLIES OR SERVICES AND PRICES/ COST S 3-5 PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS X C DESCRIPT ION/ SPECS./ WORK ST AT EMENT 6 X J LIST OF AT T ACHMENT S 29 X D PACKAGING AND MARKING 7-8 PART IV - REPRESENTATIO NS AND INSTRUCTIO NS X E INSPECT ION AND ACCEPT ANCE 9 - 12 REPRESENT AT IONS, CERT IFICAT IONS AND X K 30 - 38 X F DELIVERIES OR PERFORMANCE 13 OT HER ST AT EMENT S OF OFFERORS X G CONT RACT ADMINIST RAT ION DAT A 14 - 15 X L INST RS., CONDS., AND NOT ICES T O OFFERORS 39 - 44 X H SPECIAL CONT RACT REQUIREMENT S 16 - 18 X M EVALUAT ION FACT ORS FOR AWARD 45 - 46 OFFER (Must be fully completed by offeror) NOT E: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period. 12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule. 13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No. 52.232-8) 14. ACKNOWLEDGMENT OF AMENDMENT S AMENDMENT NO. DAT E AMENDMENT NO. DAT E (T he offeror acknowledges receipt of amendments to the SOLICIT AT ION for offerors and related documents numbered and dated): 15A. NAME CODE FACILIT Y 16. NAME AND T IT LE OF PERSON AUT HORIZED T O AND SIGN OFFER (T ype or print) ADDRESS OF OFFEROR 15B. T ELEPHONE NO (Include area code) 15C. CHECK IF REMITTANCE ADDRESS 17. SIGNAT URE 18. OFFER DAT E IS DIFFERENT FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE. AWARD (To be completed by Government) 19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION 22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES T O ADDRESS SHOWN IN IT EM 10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified) 24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE 26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE TEL: EMAIL: (Signature of Contracting Officer) IMPORT ANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice. Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97) Prescribed by GSA FAR (48 CFR) 53.214(c)
    • N68335-08-R-0165 Page 2 of 46 Section A - Solicitation/Contract Form SECTION A NARRATIVE Buyer Information Christine Somerset Highway 547, Bldg 562 Lakehurst, NJ 08733 732-323-1600 Christine.Somerset@navy.mil The purpose of this solicitation is for the intended award of a Firm Fixed Price contract for Main Engine Cylinder (MEC) Assemblies. These items have been designated as Critical Safety Items (CSI). All contractors seeking award must have prior approval from the Engineering Support Activity (ESA) at NAVAIR Lakehurst in accordance with SECNAVINST 4140.2 (E)(20(a). PROCUREMENT BY LOT: Due to the critical nature of these items, First Article Testing (FAT) is a requirement of this procurement. A request for waiver may be submitted following the award of a contract to an offeror. All offerors must propose prices as though they will be required to perform FAT. Lot I reflects the prices if First Article Testing is required. Lot II reflects the price if First Article Testing is waived. Contractors are required to submit pricing for each of these CLINs. Failure to submit pricing on any of these CLINs may render the offeror non-responsive. Award will be made for either LOT I or LOT II, as indicated on the award document. WARNING: THIS DOCUMENT CONTAINS TECHNICAL DATA WHOSE EXPORT IS RESTRICTED BY THE ARMS EXPORT CONTROL ACT (TITLE 22, U.S.C. SEC 2751 ET SEQ) OR THE EXPORT ADMINISTRATION ACT OF 1979, AS AMMENDED, (TITLE 50, U.S.C. APP 2401, ET SEQ). VIOLATIONS OF THESE EXPORT LAWS ARE SUBJECT TO SEVERE CRIMINAL PENALTIES. DISSEMINATE IN ACCORDANCE WITH PROVISIONS OF OPNAVINST 5510.161. To request a copy of the Drawings, Specifications, and CDRLs, contact Christine Somerset at christine.somerset@navy.mil. Please include with your request a certified copy of DD Form 2345, Militarily Critical Technical Data Agreement. For DD2345 information call DLIS in Battle Creek, MI at 800-352-3572 or visit the Internet at http://www.dlis.dla.mil/jcp. Also, please provide a mailing address for the distribution of the Export Controlled materials. A Pre-award and/or Post-award Survey with NAVAIR QA participation may be required, per the direction of the Contracting Officer.
    • N68335-08-R-0165 Page 3 of 46 Section B - Supplies or Services and Prices ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 1 Each Main Engine Cylinder Assemblies FFP LOT I: First Article Test Quantity; P/N 52-50866-1 FOB: Destination NSN: 17101000000709 MILSTRIP: N0002408WX20414 PURCHASE REQUEST NUMBER: 1300100116 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 3 Each Main Engine Cylinder Assemblies FFP LOT I: Production Quantity; P/N 52-50866-1 FOB: Destination NSN: 17101000000709 MILSTRIP: N0002408WX20414 NET AMT
    • N68335-08-R-0165 Page 4 of 46 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0003 4 Each Main Engine Cylinder Assemblies FFP LOT II: Production Quantity; P/N 52-50866-1 FOB: Destination NSN: 17101000000709 MILSTRIP: N0002408WX20414 NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0004 1 Each Test Report for First Article FFP To be delivered in accordance with Contract Data Requirements List, DD Form 1423, A001, Exhibit A FOB: Destination MILSTRIP: N0002408WX20414 NET AMT See Exhibit A
    • N68335-08-R-0165 Page 5 of 46 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0005 1 Lot Certificate of Quality Compliance FFP To be delivered in accordance with Contract Data Requirements List, DD Form 1423, B001, Exhibit B FOB: Destination MILSTRIP: N0002408WX20414 NET AMT See Exhibit B
    • N68335-08-R-0165 Page 6 of 46 Section C - Descriptions and Specifications SPECIAL INSTRUCTIONS All manufacture, testing, and reporting shall be completed in accordance with Drawings, Specifications, and Contract Data Requirements Lists (CDRLs). See Section J: Attachments and Exhibits.
    • N68335-08-R-0165 Page 7 of 46 Section D - Packaging and Marking PACKAGING AND PRESERVATION Packaging and Preservation shall be in accordance with best commercial practice that assures no damage to subject details in shipment. CLAUSES INCORPORATED BY FULL TEXT 5252.247-9507 PACKAGING AND MARKING OF REPORTS (NAVAIR) (OCT 2005) (a) All unclassified data shall be prepared for shipment in accordance with best commercial practice. Classified reports, data and documentation, if any, shall be prepared for shipment in accordance with the National Industry Security Program Operating Manual, DoD 5220.22-M. (b) The contractor shall prominently display on the cover of each report the following information: (1) Name and business address of contractor. (2) Contract Number/Delivery/Task order number. (3) Contract/Delivery/Task order dollar amount. (4) Whether the contract was competitively or non-competitively awarded. (5) Name of sponsoring individual. (6) Name and address of requiring activity. CLAUSES INCORPORATED BY FULL TEXT 5252.247-9508 PROHIBITED PACKING MATERIALS (NAVAIR) (JUN 1998) The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use. CLAUSES INCORPORATED BY FULL TEXT 5252.247-9509 PRESERVATION, PACKAGING, PACKING AND MARKING (NAVAIR)(JUL 1998) (a) Preservation, packaging and packing shall conform to prevailing industry standards for the type of commodity purchased under this contract. (b) All packages will be clearly marked with applicable contract number/delivery order number, and will contain appropriate packing slip. All deliveries will be marked for and/or consigned as follows: See Section F: Delivery Schedule for Mark For Directions per CLIN. (c) In the event of any discrepancy in material shipped (overage, technical rejection, damage), the contractor shall, immediately upon request of the Contracting Officer, furnish disposition instructions. Normally, such disposition instruction shall be a properly completed Commercial Bill of Lading, which includes, but is not limited to, the mode of shipment, routing, special handling, and so forth. (d) If the contractor is required to install equipment upon delivery, then the contractor shall inform the Government of the date of shipment from the contractor’s facilities and the anticipated date of arrival at the site. This report shall be made no later than the actual date that the shipment is made from the contractor’s facilities. The report may be made by facsimile or e-mail, to the point of contact listed in Section G. All transportation, rigging, drayage, packing, unpacking, and handling necessary to accomplish the installation shall be the responsibility of the contractor.
    • N68335-08-R-0165 Page 8 of 46
    • N68335-08-R-0165 Page 9 of 46 Section E - Inspection and Acceptance QUALITY ASSURANCE REQUIREMENTS 1. Interim Inspection: The following item (s) require an Interim Inspection at the contractor’s location: a. Hardness test and magnetic particle inspection IAW MPR 11 prior to painting per drawing 52-50866 b. Hydrostatic test and dimensional inspection per drawing 52-50866 prior to painting. 2. Receipt Inspection and Certification of Top Assembly: Receipt Inspection and Certification of the Top Assembly shall be accomplished during the interim inspection and shall consist of successful completion of the inspections specified therein. And although the interim inspections are sufficient to certify the Top Assembly, because the inspections are limited to the critical features found on the specified sub-components, the inspections are not to be considered a comprehensive evaluation of the Top Assembly. All other features, dimensions, and/or attributes of these item(s) and other items comprising the contract deliverable line item must also be verified as specified elsewhere in the contract before the final acceptance may be given by the authorized Government agent. Contractor Assist and Part Marking as specified below applies. 3. Contractor Assist and Part Marking: The contractor shall assist on the conduct of the inspections (both final and interim) required that are necessary to certify the critical items specified herein. The contractor shall provide adequate facilities, inspection equipment, and skilled personnel, to support the NAVAIR Inspector in the conduct of the interim inspection(s). The contractor shall provide gauges, tools, fixtures, and jigs necessary to perform the inspections. The contractor shall also provide sufficient rigging/ material handling services and manpower to setup/ configure/ operate equipment & machines used to accomplish the inspection task. This contractor assist requirement shall be applicable to 100% of the production quantities. The contractor shall also provide personnel and equipment to permanently mark each CSI component with a NAVAIR-specified certification number. Accordingly, the NAVAIR QA representative will provide, in writing, a certification number along with direction for marking the Critical Safety Items (CSI). 4. The procuring activity shall issue a Quality Assurance Letter of Instruction (QALI) to the appropriate Administrating Contract Office instructing the authorized government Quality Assurance Representative as follows: a. Features/attributes/requirements classified as Critical on the drawing(s) or within the technical specifications shall be inspected 100% b. Features/attributes/requirements classified as Major on the drawing(s) or within the technical specifications shall be inspected using an AQL of 1.0 as defined by AMSI Z1.4 c. Minor features/attributes/requirements shall be per the QAR’s established procedures d. The QAR will invoke government source inspection via delegation for all work on Critical and Major features/attributes/requirements performed by sub-contractors which cannot be verified upon receipt by the prime contractor. 5. NAWCADLKE inspection surveillance clause: Because of the critical nature of this material, a representative of the Naval Air Warfare Center Aircraft Division Lakehurst (NAWCADLKE) is available to furnish technical assistance on Quality Assurance (QA) matters and shall have the option of conducting QA surveillance for the first lot produced under this contract (and all subsequent lots if necessary). This requirement will be performed in conjunction with the Quality Assurance Representative (QAR) of the cognizant Defense Contract Management Command and does not abrogate the authority or responsibility of the designated QAR. The contractor agrees to notify, in writing, the supervisor of the NAWC QA section Code, 4.8.8.8, Lakehurst, NJ 08733-5035 and
    • N68335-08-R-0165 Page 10 of 46 the PCO when the material is scheduled to be presented to the DCMC QAR for Government inspection and acceptance. This notice shall afford the NAWCADLKE QA representative the option of being present during the inspection. Notification to NAWC may be provided via telephone (732-323-7504), immediately followed by written confirmation, via facsimile transmission (FAX 732-323-1381). A minimum of fourteen (14) working days is required to arrange the surveillance visit. Notification shall include the following information: Company Name, Cade Code, Phone Number, Fax Number, Contract Number, Point of Contact, Part Nomenclature, Part Number, NIIN, Type of Inspection, and Quantity of Parts. 6. The contractor shall perform Quality Conformance and Lot Sampling Inspection for all associated features that are present in the drawings and specifications: e. Features/ attributes/ requirements classified as CRITICAL and MAJOR on the drawing(s) or within the technical specification shall be inspected 100%; f. Unless otherwise specified, attributes for plating, hardness, and non-destructive testing shall be inspected 100%; g. Class 3 Threads, dimensions, and geometric feature controls with a tolerance range of .010 or less shall be inspected using an AQL of 1.5 and the General Inspection Level II as defined by ANSI Z1.4; h. Minor Characteristics: Sampling rate determined by contractor subject to QAR approval. 7. The material covered in this contract/ purchase order will be used in a crucial shipboard system supporting the launch and/ or recovery of aircraft. The use of incorrect or defective material would create a high probability of failure resulting in a serious personnel injury, loss of life, loss of vital shipboard systems, or loss of aircraft. Therefore the material has been designated as Critical Safety Item (CSI) material and special control procedures are invoked to ensure receipt of correct material. 8. First Article Test: The contractor shall conduct First Article testing on this item of ALRE/SE and must address all elements listed below and prepare a First Article Test Report documenting the outcome. Unless otherwise specified, the report and it’s acceptance shall be per the provisions of the applicable Contract Data Requirements List (CDRL). a. Requirements: i. First Article Quantity is one (1); ii. The First Article shall be available for Government evaluation per the contract schedule. The Evaluation shall be conducted in the presence of the Government personnel. Accordingly, the contractor shall allow time to arrange for NAWC participation in accordance with the “NAVAIR Inspection Witness Option”; iii. The contractor shall provide facilities and personnel sufficient to conduct all necessary tests to establish conformance; iv. The contractor shall have available for review all certifications, test reports, in-process inspection documents needed to substantiate product quality; this same documentation shall also be included in the First Article test report; v. The contractor shall, at the time of First Article, have corrected any problem areas deemed significant and documented as deficient by the Government within his/her Quality Assurance system not previously identified during prior evaluations and/or surveys; an problems identified during the conduct of the test will also require correction. b. Testing and Evaluation: i. The contractor shall accomplish 100% inspection and/or testing of all critical, major, and minor dimensions and/or requirements identified in the drawings, drawing notes, and process and fabrication specifications. Results shall consist of actual dimensions, measurements, and test outcomes and shall be recorded and included in the First Article test report; ii. The contractor shall demonstrate and/or perform the following special tests and requirements: 1. Hydrostatic test per Drawing 52-50866 2. Finish IAW MPR 1221 per Drawing 52-50866
    • N68335-08-R-0165 Page 11 of 46 3. Part identification per Drawing 52-50866 4. Dimensional Inspection per Drawing 52-50866 5. Material Certification IAW MPR 11 (including chemical tests) per Drawing 52-50866 6. Heat treat IAW MPR 11 per Drawing 52-50866 7. Hardness tests on finished piece IAW MPR 11 per Drawing 52-50866 8. Physical properties tests IAW MPR 11 per Drawing 52-50866 9. Charpy tests IAW MPR 11 per Drawing 52-50866 10. Tensile test IAW MPR 11 per Drawing 52-50866 11. Magnetic particle inspect IAW MPR 11 per Drawing 52-50866 iii. Acceptance/Reject Criteria 1. Satisfactorily meeting all requirements cited in paragraph 8a and satisfactorily demonstrating 100% conformance to the test and evaluation elements cited in paragraph 8b shall constitute acceptance of the First Article; 2. Failure to meet any of the conditions in the paragraph 8a and 8b shall be cause for rejection. iv. Delivery 1. The accepted First Article exhibit may be delivered and counted along with the contract production quantities providing the item has not been damaged during testing, and has been found to be conforming 2. The contractor is responsible for preparing the First Article Test Report in accordance with CDRLs. INSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 Origin Government Origin Government 0002 Origin Government Origin Government 0003 Origin Government Origin Government 0004 Destination Government Destination Government 0005 Origin Government Origin Government CLAUSES INCORPORATED BY REFERENCE 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 252.246-7000 Material Inspection And Receiving Report MAR 2008 CLAUSES INCORPORATED BY FULL TEXT 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (FEB 1999) The Contractor shall comply with the higher-level quality standard selected below. ISO/ANSI/ASQC 9001-2000
    • N68335-08-R-0165 Page 12 of 46 5252.246-9512 INSPECTION AND ACCEPTANCE (NAVAIR) (OCT 2005) (a) Inspection and acceptance of the supplies or services to be furnished hereunder shall be performed by [TBD: insert the accepting authority]. (b) Acceptance of all Contract Line Items/Subcontract Line Items (CLINs/SLINs) shall be made by signature of the accepting authority on a DD 250 submitted through the WAWF system. Acceptance will only occur when the accepting authority is sure that inspections performed demonstrate compliance with contract requirements.
    • N68335-08-R-0165 Page 13 of 46 Section F - Deliveries or Performance DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC 0001 180 dys. ADC 1 NAVAL AIR WARFARE CTR AIRCRAFT N68335 DIVISION HARRY HERBERT RECEIVING 8423000B271-1 HWY 547 BLDG 271 (NO FRIDAY DELIVERIES) LAKEHURST NJ 08733 X2733 / BLDG. 148 FOB: Destination 0002 30 dys. AFATA 3 (SAME AS PREVIOUS LOCATION) N68335 FOB: Destination 0003 180 dys. ADC 4 (SAME AS PREVIOUS LOCATION) N68335 FOB: Destination 0004 N/A N/A N/A N/A 0005 N/A N/A N/A N/A CLAUSES INCORPORATED BY REFERENCE 52.211-17 Delivery of Excess Quantities SEP 1989 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.247-48 F.O.B. Destination--Evidence Of Shipment FEB 1999
    • N68335-08-R-0165 Page 14 of 46 Section G - Contract Administration Data CLAUSES INCORPORATED BY FULL TEXT 5252.232-9501 SUBMISSION OF INVOICES (FIXED PRICE) (NAVAIR) (OCT 2005) (a) "Invoice" as used in this clause does not include contractor's requests for progress payments. (b) The contractor shall submit original invoices with [_2_] copies to the address identified in the solicitation/contract award form (SF 26-Block 10; SF 33-Block 23; SF 1447-Block 14), unless delivery orders are applicable, in which case invoices will be segregated by individual order and submitted to the address specified in the order (DD 1155-Block 13 or SF 26-Block 10). (c) The use of copies of the Material Inspection and Receiving Report (MIRP), DD Form 250, as an invoice is encouraged. DFARS Appendix F-306 provides instructions for such use. Copies of the MIRP used as an invoice are in addition to the standard distribution stated in DFARS F-401. (d) In addition to the requirements of the Prompt Payment clause of this contract, the contractor shall cite on each invoice the contract line item number (CLIN); the contract subline item number (SLIN), if applicable; the accounting classification reference number (ACRN) as identified on the financial accounting data sheets, and the payment terms. (e) The contractor shall prepare: [_X] a separate invoice for each activity designated to receive the supplies or services. [__] a consolidated invoice covering all shipments delivered under an individual order. [__] either of the above. (f) If acceptance is at origin, the contractor shall submit the MIRP or other acceptance verification directly to the designated payment office. If acceptance is at destination, the consignee will forward acceptance verification to the designated payment office. 5252.232-9504 SPECIAL PAY INSTRUCTIONS FOR PAYING OFFICE (NAVAIR) (MAY 2006) (a) Invoices submitted for payment, which do not contain contract line item number (CLIN) (or subline item number (SLIN), if any) and the accounting classification references number (ACRN) information, will be returned for correction. (b) The disbursement of funds will be by the CLIN/SLIN/ACRN designation. (c) If progress payments are authorized, payments will be made against the unliquidated balance of all applicable CLINs/SLINs. 5252.232-9511 NOTICE OF REQUIREMENTS FOR PROMPT PAYMENT (NAVAIR) (MAR 2006) The Government anticipates that this contract will be distributed to Defense Finance and Accounting Service (DFAS) by the DOD Electronic Document Access (EDA) system. DFAS is responsible for payment of contractor invoices. (a) In accordance with FAR Clause 52.232-33 "Payment By Electronic Funds Transfer--Central Contractor Registration", the contractor is responsible for providing updated information to the Central Contractor Register (CCR) database. Additionally,the contractor is responsible for maintaining its active status in the CCR database. (b) If the DUNS, CAGE code, TIN or address set forth in the contract do not match the information in the CCR, then DFAS will return invoices without payment. Therefore, it is imperative that the contractor ensure the DUNS, CAGE code, TIN and contractor address on the contract are accurate and in compliance with the CCR database. Additionally, any changes/updates made to the CCR database should be communicated to the Contracting Officer for the purpose of modifying the contract to reflect the new data.
    • N68335-08-R-0165 Page 15 of 46 5252.232-9513 INVOICING AND PAYMENT (WAWF) INSTRUCTIONS (MAR 2008) (a) Invoices for goods received or services rendered under this contract shall be submitted electronically through Wide Area Work Flow -- Receipt and Acceptance (WAWF): (1) The vendor shall have their cage code activated by calling 866-618-5988. Once activated, the vendor shall self-register at the web site https://wawf.eb.mil. Vendor training is available on the Internet at http://www.wawftraining.com. Additional support can be obtained by calling the NAVY WAWF Assistance Line: 1-800-559-WAWF (9293). (2) WAWF Vendor “Quick Reference” Guides are located at the following web site: http://www.acquisition.navy.mil/navyaos/content/view/full/3521. (3) Select the invoice type within WAWF as specified below. Back up documentation (such as timesheets, etc.) can be included and attached to the invoice in WAWF. Attachments created in any Microsoft Office product are attachable to the invoice in WAWF. Total limit for the size of files per invoice is 5 megabytes. (b) The following information, regarding invoice routing DODAAC’s, must be entered for completion of the invoice in WAWF: WAWF Invoice Type: -- Select Combo for Fixed Price Supplies and Services. (Seperate Invoices and Receiving Reports may also be used.) -- Select Cost Voucher for all Cost or T&M contracts or CLINs. Questions? Call 1-800-559-WAWF (9293). Issuing Office DODAAC Enter DODAAC of the activity issuing the contract. Admin Office DODAAC: Enter Admin Office DODAAC Inspector DODAAC (usually only used when Enter Inspector DODAAC, or leave blank Inspector & Acceptor are different people): Ship To DODAAC (for Combo), Enter DODAAC Service Approver DODAAC (Cost Voucher) DCAA Office DODAAC (Used on Cost Enter DCAA Office DODAAC Voucher’s only): Paying Office DODAAC: Enter Paying Office DODAAC Located on Contract (c) Contractors approved by DCAA for direct billing will not process vouchers through DCAA, but may submit directly to DFAS. Final voucher submission will be approved by the ACO. (d) For each invoice / cost voucher submitted for payment, the contractor shall also email the WAWF automated invoice notice directly to the following points of contact: Name Email Phone Role
    • N68335-08-R-0165 Page 16 of 46 Section H - Special Contract Requirements CLAUSES INCORPORATED BY FULL TEXT 52.209-3 FIRST ARTICLE APPROVAL--CONTRACTOR TESTING (SEP 1989) (a) The Contractor shall test 1 unit(s) of Lot/Item CLIN 0001 as specified in this contract. At least 14 calendar days before the beginning of first article tests, the Contractor shall notify the Contracting Officer, in writing, of the time and location of the testing so that the Government may witness the tests. (b) The Contractor shall submit the first article test report within 10 calendar days from the date of this contract to NAWCADLKEWARCENACDIVLKE marked "FIRST ARTICLE TEST REPORT: Contract No. TBD , Lot/ Item No. TBD ". Within 45 calendar days after the Government receives the test report, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval. (c) If the first article is disapproved, the Contractor, upon Government request, shall repeat any or all first article tests. After each request for additional tests, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall then conduct the tests and deliver another report to the Government under the terms and conditions and within the time specified by the Government. The Government shall take action on this report within the time specified in paragraph (b) above. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule, or for any additional costs to the Government related to these tests. (d) If the Contractor fails to deliver any first article report on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract. (e) Unless otherwise provided in the contract, and if the approved first article is not consumed or destroyed in testing, the Contractor may deliver the approved first article as part of the contract quantity if it meets all contract requirements for acceptance. (f) If the Government does not act within the time specified in paragraph (b) or (c) above, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay. (g) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government. (h) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the offeror/contractor and have been accepted by the Government. The offeror/contractor may request a waiver. CLAUSES INCORPORATED BY FULL TEXT 5252.210-9501 AVAILABILITY OF UNIQUE DATA ITEM DESCRIPTIONS (UDIDs) AND DATA ITEM DESCRIPTIONS (DIDs) (NAVAIR) (OCT 2005) Access Procedures for Acquisition Management System and Data Requirements Control List (AMSDL), DoD 5010.12-L, and DIDs listed therein. The AMSDL and all DIDs and UDIDs listed therein are available online via the Acquisition Streamlining and Standardization Information System located at http://assist.daps.dla.mil. To access these documents, select the Quick Search link on the site home page.
    • N68335-08-R-0165 Page 17 of 46 5252.227-9507 NOTICE REGARDING THE DISSEMINATION OF EXPORT-CONTROLLED TECHNICAL DATA (NAVAIR) (OCT 2005) (a) Export of information contained herein, which includes release to foreign nationals within the United States, without first obtaining approval or license from the Department of State for items controlled by the International Traffic in Arms Regulations (ITARS), or the Department of Commerce for items controlled by the Export Administration Regulations (EAR), may constitute a violation of law. (b) For violation of export laws, the contractor, its employees, officials or agents are subject to: (1) Imprisonment and/or imposition of criminal fines; and (2) Suspension or debarment from future Government contracting actions. (c) The Government shall not be liable for any unauthorized use or release of export-controlled information, technical data or specifications in this contract. (d) The contractor shall include the provisions or paragraphs (a) through (c) above in any subcontracts awarded under this contract. 5252.243-9504 AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER (NAVAIR) (JAN 1992) (a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract. (b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract. (c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is: Jennifer Vaccaro, Contracting Officer NAWCADLKE Code 2.5.2.3.1 Route 547, Bldg 562 Lakehurst, NJ 08733 732-323-5129 5252.246-9526 PROVISIONAL ACCEPTANCE UNDER SPECIAL CONDITIONS (NAVAIR)(OCT 2005) (a) Acceptance under Special Conditions. The Government may, at the discretion of the Contracting Officer, finally or provisionally accept any supply prior to completion of work on such supply in the following situations: (1) When the contractor, despite the exercise of due diligence, encounters unavoidable delay in securing contractor-furnished property; (2) When Government-furnished property suitable for installation in any supply to be furnished hereunder is not delivered to the contractor in sufficient time to permit installation by the contractor prior to the date the supply is scheduled for delivery; or, (3) When defects or deficiencies are known to exist in the supply, but when correction of the defects or deficiencies is not practicable within the delivery schedule set forth in the contract.
    • N68335-08-R-0165 Page 18 of 46 (b) Pending completion of any supply provisionally accepted under this provision, the Contracting Officer shall withhold an amount as he determines to be appropriate from the contract price that represents the estimated value of the work remaining to be performed. The withhold will be released after final acceptance.
    • N68335-08-R-0165 Page 19 of 46 Section I - Contract Clauses CLAUSES INCORPORATED BY REFERENCE 52.202-1 Definitions JUL 2004 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures JUL 1995 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal JAN 1997 or Improper Activity 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-12 Limitation On Payments To Influence Certain Federal SEP 2007 Transactions 52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.209-6 Protecting the Government's Interest When Subcontracting SEP 2006 With Contractors Debarred, Suspended, or Proposed for Debarment 52.211-5 Material Requirements AUG 2000 52.215-2 Audit and Records--Negotiation JUN 1999 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-14 Integrity of Unit Prices OCT 1997 52.219-8 Utilization of Small Business Concerns MAY 2004 52.219-9 (Dev) Small Business Subcontracting Plan (Deviation) FEB 2008 52.219-14 Limitations On Subcontracting DEC 1996 52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2008 52.222-20 Walsh-Healey Public Contracts Act DEC 1996 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans SEP 2006 of the Vietnam Era, and Other Eligible Veterans 52.222-36 Affirmative Action For Workers With Disabilities JUN 1998 52.222-37 Employment Reports On Special Disabled Veterans, SEP 2006 Veterans Of The Vietnam Era, and Other Eligible Veterans 52.222-50 Combating Trafficking in Persons AUG 2007 52.223-14 Toxic Chemical Release Reporting AUG 2003 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.226-1 Utilization Of Indian Organizations And Indian-Owned JUN 2000 Economic Enterprises 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright DEC 2007 Infringement 52.229-3 Federal, State And Local Taxes APR 2003 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I APR 1984 52.232-25 Prompt Payment OCT 2003 52.232-33 Payment by Electronic Funds Transfer--Central Contractor OCT 2003 Registration 52.233-1 Disputes JUL 2002 52.233-3 Protest After Award AUG 1996 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes--Fixed Price AUG 1987 52.244-5 Competition In Subcontracting DEC 1996
    • N68335-08-R-0165 Page 20 of 46 52.244-6 Subcontracts for Commercial Items MAR 2007 52.246-23 Limitation Of Liability FEB 1997 52.249-2 Termination For Convenience Of The Government (Fixed- MAY 2004 Price) 52.253-1 Computer Generated Forms JAN 1991 252.203-7001 Prohibition On Persons Convicted of Fraud or Other DEC 2004 Defense-Contract-Related Felonies 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.209-7004 Subcontracting With Firms That Are Owned or Controlled DEC 2006 By The Government of a Terrorist Country 252.211-7003 Item Identification and Valuation JUN 2005 252.225-7001 Buy American Act And Balance Of Payments Program JUN 2005 252.225-7002 Qualifying Country Sources As Subcontractors APR 2003 252.225-7006 Quarterly Reporting of Actual Contract Performance Outside MAY 2007 the United States 252.225-7012 Preference For Certain Domestic Commodities MAR 2008 252.225-7013 Duty-Free Entry OCT 2006 252.225-7014 (Dev) Preference for Domestic Specialty Metals (Deviation 2008- JUN 2005 O0002) 252.226-7001 Utilization of Indian Organizations and Indian-Owned SEP 2004 Economic Enterprises, and Native Hawaiian Small Business Concerns 252.232-7003 Electronic Submission of Payment Requests and Receiving MAR 2008 Reports 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998 252.247-7023 Transportation of Supplies by Sea MAY 2002 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000 CLAUSES INCORPORATED BY FULL TEXT 52.219-4 NOTICE OF PRICE EVALUATION FOR HUBZONE SMALL BUSINESS CONCERNS (JUL 2005) (a) Definition. HUBZone small business concern, as used in this clause, means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration. (b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except- (i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and (ii) Otherwise successful offers from small business concerns. (2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor. (3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror's base offer. These individual preference amounts shall be added together to arrive at the total evaluated price for that offer. (c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply if the offeror has waived the evaluation preference. [ ] Offer elects to waive the evaluation preference.
    • N68335-08-R-0165 Page 21 of 46 (d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for (1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns; (2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns; (3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns; or (4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns. (e) A HUBZone joint venture agrees that in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the HUBZone small business participant or participants; (f) A HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business manufacturer concerns. This paragraph does not apply in connection with construction or service contracts. CLAUSES INCORPORATED BY FULL TEXT 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUN 2007) (a) Definitions. As used in this clause-- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts-- (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/ (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update.
    • N68335-08-R-0165 Page 22 of 46 (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 336413 assigned to contract number [_______TBD_______]. [Contractor to sign and date and insert authorized signer's name and title]. ______________________________________________________________ ____________________________ Signature Date ________________________________________ __________________________________________________ Signer’s Printed Name Signer’s Title CLAUSES INCORPORATED BY FULL TEXT 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) United States law will apply to resolve any claim of breach of this contract. CLAUSES INCORPORATED BY FULL TEXT 52.248-1 VALUE ENGINEERING (FEB 2000) (a) General. The Contractor is encouraged to develop, prepare, and submit value engineering change proposals (VECP's) voluntarily. The Contractor shall share in any net acquisition savings realized from accepted VECP's, in accordance with the incentive sharing rates in paragraph (f) below. (b) Definitions. "Acquisition savings,'' as used in this clause, means savings resulting from the application of a VECP to contracts awarded by the same contracting office or its successor for essentially the same unit. Acquisition savings include-- (1) Instant contract savings, which are the net cost reductions on this, the instant contract, and which are equal to the instant unit cost reduction multiplied by the number of instant contract units affected by the VECP, less the Contractor's allowable development and implementation costs; (2) Concurrent contract savings, which are net reductions in the prices of other contracts that are definitized and ongoing at the time the VECP is accepted; and (3) Future contract savings, which are the product of the future unit cost reduction multiplied by the number of future contract units in the sharing base. On an instant contract, future contract savings include savings on increases in quantities after VECP acceptance that are due to contract modifications, exercise of options, additional orders, and funding of subsequent year requirements on a multiyear contract. "Collateral savings," as used in this clause, means those measurable net reductions resulting from a VECP in the agency's overall projected collateral costs, exclusive of acquisition savings, whether or not the acquisition cost changes. "Contracting office" includes any contracting office that the acquisition is transferred to, such as another branch of the agency or another agency's office that is performing a joint acquisition action. "Contractor's development and implementation costs," as used in this clause, means those costs the Contractor incurs on a VECP specifically in developing, testing, preparing, and submitting the VECP, as well as those costs the Contractor incurs to make the contractual changes required by Government acceptance of a VECP.
    • N68335-08-R-0165 Page 23 of 46 "Future unit cost reduction," as used in this clause, means the instant unit cost reduction adjusted as the Contracting Officer considers necessary for projected learning or changes in quantity during the sharing period. It is calculated at the time the VECP is accepted and applies either-- (1) Throughout the sharing period, unless the Contracting Officer decides that recalculation is necessary because conditions are significantly different from those previously anticipated; or (2) To the calculation of a lump-sum payment, which cannot later be revised. "Government costs," as used in this clause, means those agency costs that result directly from developing and implementing the VECP, such as any net increases in the cost of testing, operations, maintenance, and logistics support. The term does not include the normal administrative costs of processing the VECP or any increase in this contract's cost or price resulting from negative instant contract savings. "Instant contract," as used in this clause, means this contract, under which the VECP is submitted. It does not include increases in quantities after acceptance of the VECP that are due to contract modifications, exercise of options, or additional orders. If this is a multiyear contract, the term does not include quantities funded after VECP acceptance. If this contract is a fixed-price contract with prospective price redetermination, the term refers to the period for which firm prices have been established. "Instant unit cost reduction" means the amount of the decrease in unit cost of performance (without deducting any Contractor's development or implementation costs) resulting from using the VECP on this, the instant contract. If this is a service contract, the instant unit cost reduction is normally equal to the number of hours per line-item task saved by using the VECP on this contract, multiplied by the appropriate contract labor rate. "Negative instant contract savings" means the increase in the cost or price of this contract when the acceptance of a VECP results in an excess of the Contractor's allowable development and implementation costs over the product of the instant unit cost reduction multiplied by the number of instant contract units affected. "Net acquisition savings" means total acquisition savings, including instant, concurrent, and future contract savings, less Government costs. "Sharing base," as used in this clause, means the number of affected end items on contracts of the contracting office accepting the VECP. "Sharing period," as used in this clause, means the period beginning with acceptance of the first unit incorporating the VECP and ending at a calendar date or event determined by the contracting officer for each VECP. "Unit," as used in this clause, means the item or task to which the Contracting Officer and the Contractor agree the VECP applies. "Value engineering change proposal (VECP)" means a proposal that-- (1) Requires a change to this, the instant contract, to implement; and (2) Results in reducing the overall projected cost to the agency without impairing essential functions or characteristics; provided, that it does not involve a change-- (i) In deliverable end item quantities only; (ii) In research and development (R&D) end items or R&D test quantities that is due solely to results of previous testing under this contract; or (iii) To the contract type only. (c) VECP preparation. As a minimum, the Contractor shall include in each VECP the information described in subparagraphs (c)(1) through (8) below. If the proposed change is affected by contractually required configuration management or similar procedures, the instructions in those procedures relating to format, identification, and priority assignment shall govern VECP preparation. The VECP shall include the following: (1) A description of the difference between the existing contract requirement and the proposed requirement, the comparative advantages and disadvantages of each, a justification when an item's function or characteristics are being altered, the effect of the change on the end item's performance, and any pertinent objective test data. (2) A list and analysis of the contract requirements that must be changed if the VECP is accepted, including any suggested specification revisions. (3) Identification of the unit to which the VECP applies. (4) A separate, detailed cost estimate for (i) the affected portions of the existing contract requirement and (ii) the VECP. The cost reduction associated with the VECP shall take into account the Contractor's allowable development and implementation costs, including any amount attributable to subcontracts under the Subcontracts paragraph of this clause, below. (5) A description and estimate of costs the Government may incur in implementing the VECP, such as test and evaluation and operating and support costs. (6) A prediction of any effects the proposed change would have on collateral costs to the agency.
    • N68335-08-R-0165 Page 24 of 46 (7) A statement of the time by which a contract modification accepting the VECP must be issued in order to achieve the maximum cost reduction, noting any effect on the contract completion time or delivery schedule. (8) Identification of any previous submissions of the VECP, including the dates submitted, the agencies and contract numbers involved, and previous Government actions, if known. (d) Submission. The Contractor shall submit VECP's to the Contracting Officer, unless this contract states otherwise. If this contract is administered by other than the contracting office, the Contractor shall submit a copy of the VECP simultaneously to the Contracting Officer and to the Administrative Contracting Officer. (e) Government action. (1) The Contracting Officer will notify the Contractor of the status of the VECP within 45 calendar days after the contracting office receives it. If additional time is required, the Contracting Officer shall notify the Contractor within the 45-day period and provide the reason for the delay and the expected date of the decision. The Government will process VECP's expeditiously; however, it shall not be liable for any delay in acting upon a VECP. (2) If the VECP is not accepted, the Contracting Officer will notify the Contractor in writing, explaining the reasons for rejection. The Contractor may withdraw any VECP, in whole or in part, at any time before it is accepted by the Government. The Contracting Officer may require that the Contractor provide written notification before undertaking significant expenditures for VECP effort. (3) Any VECP may be accepted, in whole or in part, by the Contracting Officer's award of a modification to this contract citing this clause and made either before or within a reasonable time after contract performance is completed. Until such a contract modification applies a VECP to this contract, the Contractor shall perform in accordance with the existing contract. The decision to accept or reject all or part of any VECP is a unilateral decision made solely at the discretion of the Contracting Officer. (f) Sharing rates. If a VECP is accepted, the Contractor shall share in net acquisition savings according to the percentages shown in the table below. The percentage paid the Contractor depends upon-- (1) This contract's type (fixed-price, incentive, or cost-reimbursement); (2) The sharing arrangement specified in paragraph (a) above (incentive, program requirement, or a combination as delineated in the Schedule); and (3) The source of the savings (the instant contract, or concurrent and future contracts), as follows: CONTRACTOR'S SHARE OF NET ACQUISITION SAVINGS (Figures in percent) Incentive (Voluntary) Program Requirement (Mandatory) Concurrent and Concurrent and Instant Contract Future Contract Instant Contract Future Contract Contract Type Rate Rate Rate Rate Fixed-price (includes fixed- price-award-fee; (1) 50 (1) 50 25 25 excludes other fixed-price incentive contracts) Incentive (fixed- price or cost)(other (2) (1) 50 (2) 25 than award fee) Cost- reimbursement ([includes cost-plus- award-fee; excludes (3) 25 (3) 25 15 15 other cost-type incentive Contracts]) (1) The Contracting Officer may increase the Contractor's sharing rate to as high as 75 percent for each VECP. (2) Same sharing arrangement as the contract's profit or fee adjustment formula. (3) The Contracting Officer may increase the Contractor's sharing rate to as high as 50 percent for each VECP. (g) Calculating net acquisition savings. (1) Acquisition savings are realized when (i) the cost or price is reduced on the instant contract, (ii) reductions are negotiated in concurrent contracts, (iii) future contracts are awarded, or (iv) agreement is reached on a lump-sum payment for future contract savings (see subparagraph (i)(4) below). Net
    • N68335-08-R-0165 Page 25 of 46 acquisition savings are first realized, and the Contractor shall be paid a share, when Government costs and any negative instant contract savings have been fully offset against acquisition savings. (2) Except in incentive contracts, Government costs and any price or cost increases resulting from negative instant contract savings shall be offset against acquisition savings each time such savings are realized until they are fully offset. Then, the Contractor's share is calculated by multiplying net acquisition savings by the appropriate Contractor's percentage sharing rate (see paragraph (f) of this clause). Additional Contractor shares of net acquisition savings shall be paid to the Contractor at the time realized. (3) If this is an incentive contract, recovery of Government costs on the instant contract shall be deferred and offset against concurrent and future contract savings. The Contractor shall share through the contract incentive structure in savings on the instant contract items affected. Any negative instant contract savings shall be added to the target cost or to the target price and ceiling price, and the amount shall be offset against concurrent and future contract savings. (4) If the Government does not receive and accept all items on which it paid the Contractor's share, the Contractor shall reimburse the Government for the proportionate share of these payments. (h) Contract adjustment. The modification accepting the VECP (or a subsequent modification issued as soon as possible after any negotiations are completed) shall-- (1) Reduce the contract price or estimated cost by the amount of instant contract savings, unless this is an incentive contract; (2) When the amount of instant contract savings is negative, increase the contract price, target price and ceiling price, target cost, or estimated cost by that amount; (3) Specify the Contractor's dollar share per unit on future contracts, or provide the lump-sum payment; (4) Specify the amount of any Government costs or negative instant contract savings to be offset in determining net acquisition savings realized from concurrent or future contract savings; and (5) Provide the Contractor's share of any net acquisition savings under the instant contract in accordance with the following: (i) Fixed-price contracts--add to contract price. (ii) Cost-reimbursement contracts--add to contract fee. (i) Concurrent and future contract savings. (1) Payments of the Contractor's share of concurrent and future contract savings shall be made by a modification to the instant contract in accordance with subparagraph (h)(5) above. For incentive contracts, shares shall be added as a separate firm-fixed-price line item on the instant contract. The Contractor shall maintain records adequate to identify the first delivered unit for 3 years after final payment under this contract. (2) The Contracting Officer shall calculate the Contractor's share of concurrent contract savings by-- (i) Subtracting from the reduction in price negotiated on the concurrent contract any Government costs or negative instant contract savings not yet offset; and (ii) Multiplying the result by the Contractor's sharing rate. (3) The Contracting Officer shall calculate the Contractor's share of future contract savings by-- (i) Multiplying the future unit cost reduction by the number of future contract units scheduled for delivery during the sharing period; (ii) Subtracting any Government costs or negative instant contract savings not yet offset; and (iii) Multiplying the result by the Contractor's sharing rate. (4) When the Government wishes and the Contractor agrees, the Contractor's share of future contract savings may be paid in a single lump sum rather than in a series of payments over time as future contracts are awarded. Under this alternate procedure, the future contract savings may be calculated when the VECP is accepted, on the basis of the Contracting Officer's forecast of the number of units that will be delivered during the sharing period. The Contractor's share shall be included in a modification to this contract (see subparagraph (h)(3) above) and shall not be subject to subsequent adjustment. (5) Alternate no-cost settlement method. When, in accordance with subsection 48.104-4 of the Federal Acquisition Regulation, the Government and the Contractor mutually agree to use the no-cost settlement method, the following applies: (i) The Contractor will keep all the savings on the instant contract and on its concurrent contracts only. (ii) The Government will keep all the savings resulting from concurrent contracts placed on other sources, savings from all future contracts, and all collateral savings. (j) Collateral savings. If a VECP is accepted, the Contracting Officer will increase the instant contract amount, as specified in paragraph (h)(5) of this clause, by a rate from 20 to 100 percent, as determined by the Contracting Officer, of any projected collateral savings determined to be realized in a typical year of use after subtracting any Government costs not previously offset. However, the Contractor's share of collateral savings will not exceed the
    • N68335-08-R-0165 Page 26 of 46 contract's firm-fixed-price, target price, target cost, or estimated cost, at the time the VECP is accepted, or $100,000, whichever is greater. The Contracting Officer will be the sole determiner of the amount of collateral savings. (k) Relationship to other incentives. Only those benefits of an accepted VECP not rewardable under performance, design-to-cost (production unit cost, operating and support costs, reliability and maintainability), or similar incentives shall be rewarded under this clause. However, the targets of such incentives affected by the VECP shall not be adjusted because of VECP acceptance. If this contract specifies targets but provides no incentive to surpass them, the value engineering sharing shall apply only to the amount of achievement better than target. (l) Subcontracts. The Contractor shall include an appropriate value engineering clause in any subcontract of $100,000 or more and may include one in subcontracts of lesser value. In calculating any adjustment in this contract's price for instant contract savings (or negative instant contract savings), the Contractor's allowable development and implementation costs shall include any subcontractor's allowable development and implementation costs, and any value engineering incentive payments to a subcontractor, clearly resulting from a VECP accepted by the Government under this contract. The Contractor may choose any arrangement for subcontractor value engineering incentive payments; provided, that the payments shall not reduce the Government's share of concurrent or future contract savings or collateral savings. (m) Data. The Contractor may restrict the Government's right to use any part of a VECP or the supporting data by marking the following legend on the affected parts: These data, furnished under the Value Engineering clause of contract ________, shall not be disclosed outside the Government or duplicated, used, or disclosed, in whole or in part, for any purpose other than to evaluate a value engineering change proposal submitted under the clause. Th€is restriction does not limit the Go€vernment's right to use information contained in these data if it has been obtained or is otherwise available from the Contractor or from another source without limitations. If a VECP is accepted, the Contractor hereby grants the Government unlimited rights in the VECP and supporting data, except that, with respect to data qualifying and submitted as limited rights technical data, the Government shall have the rights specified in the contract modification implementing the VECP and shall appropriately mark the data. (The terms "unlimited rights" and "limited rights" are defined in Part 27 of the Federal Acquisition Regulation.) CLAUSES INCORPORATED BY FULL TEXT 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://www.arnet.gov/far or http://farsite.hill.af.mil. 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. 252.204-7006 BILLING INSTRUCTIONS (OCT 2005) When submitting a request for payment, the Contractor shall--
    • N68335-08-R-0165 Page 27 of 46 (a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and (b) Separately identify a payment amount for each contract line item included in the payment request. 252.211-7005 SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS (NOV 2005) (a) Definition.“SPI process,” as used in this clause, means a management or manufacturing process that has been accepted previously by the Department of Defense under the Single Process Initiative (SPI) for use in lieu of a specific military or Federal specification or standard at specific facilities. Under SPI, these processes are reviewed and accepted by a Management Council, which includes representatives of the Contractor, the Defense Contract Management Agency, the Defense Contract Audit Agency, and the military departments. (b) Offerors are encouraged to propose SPI processes in lieu of military or Federal specifications and standards cited in the solicitation. A listing of SPI processes accepted at specific facilities is available via the Internet at http://guidebook.dcma.mil/20/guidebook_process.htm (paragraph 4.2). (c) An offeror proposing to use an SPI process in lieu of military or Federal specifications or standards cited in the solicitation shall: (1) Identify the specific military or Federal specification or standard for which the SPI process has been accepted; (2) Identify each facility at which the offeror proposes to use the specific SPI process in lieu of military or Federal specifications or standards cited in the solicitation; (3) Identify the contract line items, subline items, components, or elements affected by the SPI process; and (4) If the proposed SPI process has been accepted at the facility at which it is proposed for use, but is not yet listed at the Internet site specified in paragraph (b) of this clause, submit documentation of Department of Defense acceptance of the SPI process. (d) Absent a determination that an SPI process is not acceptable for this procurement, the Contractor shall use the following SPI processes in lieu of military or Federal specifications or standards: [Offeror insert information for each SPI process] SPI Process: Facility: Military or Federal Specification or Standard: Affected Contract Line Item Number, Subline Item Number, Component, or Element: (e) If a prospective offeror wishes to obtain, prior to the time specified for receipt of offers, verification that an SPI process is an acceptable replacement for military or Federal specifications or standards required by the solicitation, the prospective offeror: (1) May submit the information required by paragraph (d) of this clause to the Contracting Officer prior to submission of an offer; but (2) Must submit the information to the Contracting Officer at least 10 working days prior to the date specified for receipt of offers. 5252.204-9504 DISCLOSURE OF CONTRACT INFORMATION (NAVAIR) (JAN 2007) (a) The Contractor shall not release to anyone outside the Contractor’s organization any unclassified information (e.g., announcement of contract award), regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to this contract, unless the Contracting Officer has given prior written approval.
    • N68335-08-R-0165 Page 28 of 46 (b) Requests for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The Contractor shall submit its request to the Contracting Officer at least ten (10) days before the proposed date for release. (c) The Contractor agrees to include a similar requirement in each subcontract under this contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the Contracting Officer.
    • N68335-08-R-0165 Page 29 of 46 Section J - List of Documents, Exhibits and Other Attachments ATTACHMENTS AND EXHIBITS DOCUMENT DESCRIPTION PAGES DATES TYPE Attachment 1 Technical Data Requirements 3 9/28/07 (TDR): 07-17024 Attachment 2 Drawings 1 CD N/A Attachment 3 Past Performance 1 N/A Questionnaire Exhibit A Data Item A001 1 10/15/07 Exhibit B Data Item B001 1 10/15/07
    • N68335-08-R-0165 Page 30 of 46 Section K - Representations, Certifications and Other Statements of Offerors CLAUSES INCORPORATED BY REFERENCE 52.203-11 Certification And Disclosure Regarding Payments To SEP 2007 Influence Certain Federal Transactions 52.222-38 Compliance With Veterans' Employment Reporting DEC 2001 Requirements 52.225-18 Place of Manufacture SEP 2006 52.225-20 Prohibition on Conducting Restricted Business Operations in JUN 2008 Sudan--Certification 252.209-7001 Disclosure of Ownership or Control by the Government of a OCT 2006 Terrorist Country 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 CLAUSES INCORPORATED BY FULL TEXT 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) (a) The offeror certifies that -- (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods of factors used to calculate the prices offered: (2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. (b) Each signature on the offer is considered to be a certification by the signatory that the signatory -- (1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contradictory to subparagraphs (a)(1) through (a)(3) above; or (2) (i) Has been authorized, in writing, to act as an agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a) (3) above ______________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization); (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above. (c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) (a) Definitions. "Common parent," as used in this solicitation provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.
    • N68335-08-R-0165 Page 31 of 46 "Taxpayer Identification Number (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number. (b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirement of 26 U.S.C. 6041, 6041A, and 6050M and implementing regulations issued by the IRS. If the resulting contract is subject to the reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31percent reduction of payments otherwise due under the contract. (c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (d) Taxpayer Identification Number (TIN). [ ] TIN:_____________________. [ ] TIN has been applied for. [ ] TIN is not required because: [ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [ ] Offeror is an agency or instrumentality of a foreign government; [ ] Offeror is an agency or instrumentality of a Federal Government; [ ] Other. State basis.______________________ (e) Type of organization. [ ] Sole proprietorship; [ ] Partnership; [ ] Corporate entity (not tax-exempt): [ ] Corporate entity (tax-exempt): [ ] Government entity (Federal, State, or local); [ ] Foreign government; [ ] International organization per 26 CFR 1.6049-4; [ ] Other _________________. (f) Common Parent. [ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision. [ ] Name and TIN of common parent: Name_______________________________ TIN________________________________ 52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999) (a) Definition. Women-owned business concern, as used in this provision, means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. (b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program Representation, of this solicitation.] The offeror represents that it [ ] is, [ ] is not a women-owned business concern. 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 336413. (2) The small business size standard is 1,000 employees.
    • N68335-08-R-0165 Page 32 of 46 (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies. (2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [ ] (i) Paragraph (c) applies. [ ] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. FAR Clause Title Date Change Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA. 52.207-4 ECONOMIC PURCHASE QUANTITY--SUPPLIES (AUG 1987) (a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) economically advantageous to the Government. ________________________________________________________________________________ ________________________________________________________________________________ _______________________________________________________________________________ (b) Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well. OFFEROR RECOMMENDATIONS PRICE ITEM QUANTITY QUOTATION TOTAL _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ (c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel the solicitation and resolicit with respect to any individual item in the event quotations received and the Government's requirements indicate that different quantities should be acquired.
    • N68335-08-R-0165 Page 33 of 46 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (MAY 2008) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that -- (i) The Offeror and/or any of its Principals -- (A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract, violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and (C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision, and (D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (ii) The Offeror has [ ] has not [ ], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and
    • N68335-08-R-0165 Page 34 of 46 information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. 52.215-6 PLACE OF PERFORMANCE (OCT 1997) (a) The offeror or respondent, in the performance of any contract resulting from this solicitation, [ ] intends, [ ] does not intend [check applicable block] to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information. (b) If the offeror or respondent checks ``intends'' in paragraph (a) of this provision, it shall insert in the following spaces the required information: Place of performance (street address, Name and address of owner and operator city, state,county, zip code) of the plant or facility if other than offeror or respondent ________________________________ _______________________________ ________________________________ _______________________________ ________________________________ _______________________________. 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004) - ALT I (APR 2002) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 336413. (2) The small business size standard is 1,000 employees (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) Representations. (1) The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern. (2) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, for general statistical purposes, that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (3) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a women-owned small business concern. (4) Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision. The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern. (5) Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b) (4) of this provision. The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern. (6) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone
    • N68335-08-R-0165 Page 35 of 46 small business concern or concerns that are participating in the joint venture:____________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (7) [Complete if offeror represented itself as disadvantaged in paragraph (b)(2) of this provision.] The offeror shall check the category in which its ownership falls: [____] Black American. [____] Hispanic American. [____] Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). [____] Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). [____] Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). [____] Individual/concern, other than one of the preceding. (c) Definitions. As used in this provision-- “Service-disabled veteran-owned small business concern”-- (1) Means a small business concern-- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service- disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service- connected, as defined in 38 U.S.C. 101(16). "Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision. “Veteran-owned small business concern” means a small business concern-- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. “Women-owned small business concern," as used in this provision, means a small business concern-- (1) That is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small, small disadvantaged, or women-owned small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-- (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. 52.219-22 SMALL DISADVANTAGED BUSINESS STATUS (OCT 1999)
    • N68335-08-R-0165 Page 36 of 46 (a) General. This provision is used to assess an offeror's small disadvantaged business status for the purpose of obtaining a benefit on this solicitation. Status as a small business and status as a small disadvantaged business for general statistical purposes is covered by the provision at FAR 52.219-1, Small Business Program Representation. (b) Representations. (1) General. The offeror represents, as part of its offer, that it is a small business under the size standard applicable to this acquisition; and either-- [ ] (i) It has received certification by the Small Business Administration as a small disadvantaged business concern consistent with 13 CFR 124, Subpart B; and (A) No material change in disadvantaged ownership and control has occurred since its certification; (B) Where the concern is owned by one or more disadvantaged individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (C) It is identified, on the date of its representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net); or [ ] (ii) It has submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (2) * For Joint Ventures. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements at 13 CFR 124.1002(f) and that the representation in paragraph (b)(1) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture:___________________.] (c) Penalties and Remedies. Anyone who misrepresents any aspects of the disadvantaged status of a concern for the purposes of securing a contract or subcontract shall-- (1) Be punished by imposition of a fine, imprisonment, or both; (2) Be subject to administrative remedies, including suspension and debarment; and (3) Be ineligible for participation in programs conducted under the authority of the Small Business Act. 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) The offeror represents that-- (a) It [ ] has, [ ] has not participated in a previous contract or subcontract subject the Equal Opportunity clause of this solicitation; (b) It [ ] has, [ ] has not filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) The offeror represents that (a) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. 252.225-7000 BUY AMERICAN ACT--BALANCE OF PAYMENTS PROGRAM CERTIFICATE (JUN 2005)
    • N68335-08-R-0165 Page 37 of 46 (a) Definitions. “Domestic end product”, “foreign end product”, “qualifying country”, “qualifying country end product”, and “United States” have the meanings given in the Buy American Act and Balance of Payments Program clause of this solicitation. (b) Evaluation. The Government- (1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and (2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American Act or the Balance of Payments Program. (c) Certifications and identification of country of origin. (1) For all line items subject to the Buy American Act and Balance of Payments Program clause of this solicitation, the offeror certifies that- (i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product; and (ii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. (2) The offeror certifies that the following end products are qualifying country end products: Line Item Number Country of Origin (3) The following end products are other foreign end products: Line Item Number Country of Origin (If known) 252.225-7035 BUY AMERICAN ACT-- FREE TRADE AGREEMENTS--BALANCE OF PAYMENTS PROGRAM CERTIFICATE (OCT 2006) (a) Definitions. “Bahrainian end product”, “domestic end product”, “Free Trade Agreement country”, “Free Trade Agreement country end product”, “foreign end product”, “Moroccan end product”, “qualifying country end product”, and “United States” have the meanings give n in the Buy American Act--Free Trade Agreements-- Balance of Payments Program clause of this solicitation. (b) Evaluation. The Government- (1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and (2) For line items subject to Free Trade Agreements, will evaluate offers of qualifying country end products or Free Trade Agreement country end products other than Bahrainian end products or Moroccan end products without regard to the restrictions of the Buy American Act or the Balance of Payments Program. (c) Certifications and identification of country of origin. (1) For all line items subject to the Buy American Act--Free Trade Agreements--Balance of Payments Program clause of this solicitation, the offeror certifies that-- (i) Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product; and (ii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. (2) The offeror shall identify all end products that are not domestic end products. (i) The offeror certifies that the following supplies are qualifying country (except Australian or Canadian) end products: (Line Item Number) (Country of Origin) (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products other than Bahrainian end products or Moroccan end products: (Line Item Number) (Country of Origin)
    • N68335-08-R-0165 Page 38 of 46 (iii) The following supplies are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products. (Line Item Number) (Country of Origin) 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION OF SUPPLIES BY SEA (AUG 1992) (a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea clause of this solicitation. (b) Representation. The Offeror represents that it-- ____ Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. ____ Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. (c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.
    • N68335-08-R-0165 Page 39 of 46 Section L - Instructions, Conditions and Notices to Bidders CLAUSES INCORPORATED BY REFERENCE 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 CLAUSES INCORPORATED BY FULL TEXT 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (OCT 1997) (a) Exceptions from cost or pricing data. (1) In lieu of submitting cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable. (i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office. (ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include-- (A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities; (B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market; (C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item. The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace. (b) Requirements for cost or pricing data. If the offeror is not granted an exception from the requirement to submit cost or pricing data, the following applies: (1) The offeror shall prepare and submit cost or pricing data and supporting attachments in accordance with Table 15-2 of FAR 15.408. (2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2. 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Fixed Price contract resulting from this solicitation.
    • N68335-08-R-0165 Page 40 of 46 52.233-2 SERVICE OF PROTEST (SEP 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Jennifer Vaccaro, Contracting Officer, NAWCADLKE, Lakehurst, NJ 08733 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.arnet.gov/far or http://www.farsite.hill.af.mil/. 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. 5252.227-9508 QUALIFIED U.S. CONTRACTORS FOR EXPORT-CONTROLLED TECHNICAL DATA (NAVAIR)(APR 1998) (a) By Department of Defense (DoD) Directive 5230.25 (hereinafter referred to as “the Directive”), a program was established to allow Qualified U.S. Contractors to obtain export-controlled technical data under certain conditions. A “Qualified U.S. Contractor” is a private individual or enterprise (hereinafter described as a “U.S. Contractor”) that, in accordance with procedures established by the Under Secretary of Defense for Research and Engineering, certifies as a condition of obtaining export-controlled technical data subject to the Directive from the Department of Defense, that: (1) The individual who will act as recipient of the export-controlled technical data on behalf of the U.S. contractor is a U.S. citizen, or a person admitted lawfully into the United States for permanent residence and is located in the United States; (2) Such data are needed to bid or perform on a contract with the Department of Defense, or other U.S. Government agency, or for other legitimate business purposes in which the U.S. Contractor is engaged, or plans to engage. The purpose for which the data are needed shall be described sufficiently in such certification to permit an evaluation of whether subsequent requests for data are related properly to such business purpose. (3) The U.S. Contractor acknowledges its responsibilities under U.S. export control laws and regulations (including the obligation, under certain circumstances to obtain an export license prior to the release of technical data within the United States) and agrees that it will not disseminate any export-controlled technical data subject to the Directive in a manner that would violate applicable export control laws and regulations. (4) The U.S. Contractor also agrees that, unless dissemination is permitted by the Directive, it will not provide access to export-controlled technical data subject to the Directive to persons other than its employees or persons acting on its behalf, without the permission of the DoD component that provided the technical data. (5) To the best of its knowledge and belief, the U.S. Contractor knows or no person employed by it, or acting on its behalf, who will have access to such data, who is debarred, suspended or otherwise ineligible to perform
    • N68335-08-R-0165 Page 41 of 46 under U.S. Government contracts; or has violated U.S. export control laws or a certification previously made to the Department of Defense under the provisions of the Directive. (6) The U.S. contractor itself is not debarred, suspended, or otherwise determined ineligible by any agency of the U.S. Government to perform on U.S. Government contracts, has not been convicted of export control law violations, and has not been disqualified under the provisions of this Directive. (b) Private individuals or enterprises are certified as Qualified U.S. Contractors by submitting a DD Form 2345 (attached hereto) to Commander, Defense Logistics Information Services (DLIS), Federal Center, Battle Creek, Michigan 49017-3084. (c) Canadian contractors may be qualified in accordance with the Directive for technical data that do not require a license for export to Canada under section 125.12 of the International Traffic in Arms Regulations and section 379.4(d) and 379.5(e) of the Export Administration Regulations, by submitting an equivalent certification to the DLIS. 5252.233-9500 PROTEST/APPEAL FILED WITH THE NAVAL AIR SYSTEMS COMMAND (NAVAIR) (MAR 1999) (a) Agency protests/appeals will be processed in accordance with the procedures established at FAR 33.103. A protest to the Naval Air Systems Command shall be filed with the Contracting Officer whose name and address are shown in FAR Clause 52.233-2, “Service of Protest “ of this solicitation. (b) The protester may request an independent review of the Contracting Officer’s decision on the protest by filing a written appeal with: *The Chief of the Contracting Office (AIR-2.5.2) NAWCADLKE Contracts Office, Bldg 562 Attn: Mr. Thomas Hill, 2.5.2 Lakehurst, NJ 08733 (c) The appeal must be received by the Chief of the Contracting Office within 10 calendar days after the Contracting Officer’s protest decision was issued. The appeal shall include (1) the name, address, and fax and telephone numbers of the appellant; (2) the solicitation or contract number; (3) a detailed statement of the factual grounds for the appeal, to include a description of resulting prejudice to the appellant; (4) copies of relevant documents; (5) a request for an independent review by the Chief of the Contracting Office; (6) a statement as to the form of relief requested; and, (7) all information establishing the timeliness of the appeal. SUBMISSION OF PROPOSALS Section L: Submission of Proposals All offerors competing for award will be required to submit a Past Performance and Price proposal. The proposals shall be submitted in two volumes as follows: Volume 1 - Past Performance Volume Original and two (2) copies of the past performance volume are to be provided. This shall consist of 2-4 industry references. Include all data and information for evaluation and exclude any reference to the price of the hardware. This volume shall be limited to 15 pages and should address each element. Volume 2 – Price Volume The offeror should submit a complete, executed solicitation document (Standard Form 33). One original and one copy of the entire solicitation package should be provided.
    • N68335-08-R-0165 Page 42 of 46 Offerors are required to submit the above required information, to be received at destination by the date and time established for solicitation closing to the following address: Naval Air Warfare Center Aircraft Division Contracts Department Bldg 532-3, Code 25231 CS Highway 547 Lakehurst, NJ 08733-5083 ATTN: Ms. Christine Somerset Contract Specialist (732) 323-1600 MARK FOR SOLICITATION N68335-08-R-0165 Written Content Requirements: Each volume of the proposal shall contain a Table of Contents with reference to topic, applicable paragraph/ subparagraph, and page numbers. Proposals must be typewritten in a type and size not smaller than a type print similar to “elite” on an 8 1/2” by 11” paper. Any pages exceeding the limitation will be removed prior to evaluation. Size of pages must be uniform; however, double size foldout charts or diagrams may be used and will count for two pages each. The page limits INCLUDE pages such as: Table of Contents, list of tables/ figures, tab pages, acronym listings, etc. The ability of the offeror to present a technically complete, clear, coherent, and legible proposal shall be indicative of the offeror’s ability to provide the high quality services that will be necessary to complete the contract. The information submitted should clearly indicate the offeror’s understanding of the proposal requirements through the submission of a satisfactorily completed proposal. Statements of the nature that the offeror understands, can, or will comply or meet the solicitation requirements, or which merely paraphrase the specification or parts thereof are considered inadequate. Phrases such as “Standard procedures will be employed” or “Well known techniques will be used” are also inadequate and unsatisfactory. A proposal, which does not address any of the proposal requirements described in the following sections, will be considered non-responsive to that requirement and may be a basis for eliminating the proposal for further consideration. Evaluation Factors 1) Past Performance (Factor) a) Quality (Element) b) Timeliness of Delivery (Element) c) Customer Satisfaction (Element) 2) Price (Factor) The Evaluation Factor of Past Performance is slightly more important than the Price Factor. Price is an important factor and should not be ignored. As the rating of proposals in relation to the non-cost factor becomes more equal, Price will become more of a deciding factor in selecting the best value offer. VOLUME 1 – Past Performance
    • N68335-08-R-0165 Page 43 of 46 The offeror shall submit Past Performance Information Data (per attached form) that includes details for a minimum of two and a maximum of four of their most recent contracts and/or subcontracts, awarded for identical or similar supplies, completed within the last five (5) years. Identify in specific detail for each why and how you consider that effort relevant or similar to the effort required by this solicitation. Contracts listed may include those entered into with the Federal Government, agencies of state and local governments, and commercial customers. Offerors that are newly formed entities without prior contracts should list contracts and subcontracts as required above for all critical personnel. The offeror shall use the remarks block to provide information on problems (show cause, curative notice, termination for delinquency, quality issues, defective pricing issues, litigation, etc.) encountered on these contracts and corrective actions taken to resolve those problems. Important Note: Award may be made from initial offers without discussions. However, if discussions are held, offerors will be given an opportunity to address unfavorable reports of performance risk if the offeror has not had a previous opportunity to review the rating. Recent contracts will be examined to ensure that corrective measures have been implemented. Prompt corrective action in isolated instances may override negative trends. The Government will collect information from references provided by the offeror in regard to its past performance. The Past Performance Customer Evaluation Form identified in the solicitation attachments will be used to collect this information. References other than those identified by the offeror and the information received will be used in the evaluation of the offeror’s past performance. The offeror must provide the information requested for performance risk evaluation, or affirmatively state that it possesses no directly related or similar past performance. Firms lacking relevant past performance shall receive an “unknown” evaluation for performance risk. Evaluation of past performance will be as objective as possible based on consideration of all relevant facts and circumstances. The Government will focus on information that demonstrates quality of performance relative to the size and complexity of the procurement under consideration. The following Past Performance elements shall be addressed in narrative form: A. Quality - Provide a synopsis of compliance with requirements, accuracy of reports, appropriateness of personnel, technical excellence, quality award(s), work under warranty necessary, termination for default. B. Timeliness of Delivery – Provide a synopsis of meeting interim milestones, reliability, responsive to technical direction, and completed on time. C. Customer Satisfaction. Response to customer inquiries, problem resolution time and quality, satisfaction of end user with contract’s services or products, willingness to select firm again. In order to verify performance, the references cited under this section (both private and Government) will be contacted. A past performance survey questionnaire will be sent to each reference. Offerors are required to send their listed private sector references a letter authorizing release of the requested information to the Government. Failure to authorize responses from your references may affect the assessment of your offer and impact on the evaluation score. Offerors will be given the opportunity to comment or rebut the negative results of the surveys during discussions, if discussions are conducted. Generalizations will not be considered substantively material to change the rating. Any response in rebuttal to a survey must include factual support for the contractor’s assessment of the situation. VOLUME 2 – Price The offeror shall provide separate price information containing prices for each and every line item as designated in the solicitation. The offeror should ensure that all certifications and representations within
    • N68335-08-R-0165 Page 44 of 46 Section K of the solicitation have been accurately completed. An original and one copy of the price proposal shall be submitted. Price proposals shall be effective for 120 days from the closing date for receipt of offers.
    • N68335-08-R-0165 Page 45 of 46 Section M - Evaluation Factors for Award CLAUSES INCORPORATED BY FULL TEXT 5252.209-9502 WAIVER AND EVALUATION OF FIRST ARTICLE TESTING AND APPROVAL (NAVAIR) (OCT 2005) (a) As used herein, the term: (1) “first article,” means preproduction models, initial production samples, test samples, first lots, pilot lots, and pilot models; (2) “first article testing,” means testing and evaluation the first article for conformance with specified contract requirements before or in the initial stage of production; (3) “approval” means the Contracting Officer’s written notification to the contractor accepting the test results of the first article. (b) Offerors are advised that first article testing is required as a part of this contract in accordance with clause FAR 52.209-3, “First Article Approval – Contractor Testing” or FAR 52.209-4, “First Article Approval – Government Testing”. The Government may waive this requirement when supplies identical or similar to those called for in the Schedule have previously been furnished by the offeror and have been accepted by the Government. If the offeror meets these conditions, the offeror shall list below the Government contract number(s) under which supplies identical or similar to those called for in the Schedule have previously been accepted by the Government: Contract Contract Contract Number Agency award date delivery date ______________ _______________________________ _________ __________ ______________ _______________________________ _________ __________ (c) The Government may at its sole discretion, make an award excluding first article testing and approval. If the Government elects to waive first article testing and approval, the offer will be evaluated excluding first article testing and approval. Any differences in delivery schedules resulting from a waiver of first article testing will not be a factor in the evaluation for award. (d) If the Government elects to waive first article testing, the First Article Approval clause set forth in the Section I and all other references to first article testing will be deleted in the contract at award. (e) The prices for first article and first article tests in relation to production quantities shall not be materially unbalance, if first article test items or tests are to be separately priced. BEST VALUE EVALUATION CRITERIA Section M: Best Value Evaluation Criteria The contract resulting from this solicitation will be awarded to that responsible offeror, conforming to the solicitation, determined to represent the best value to the Government, cost/price, and past performance considered. The offeror’s proposal shall be in the form prescribed by this solicitation and shall contain a response to each of the areas identified, which affect the evaluation factors for award. Evaluation of an offeror’s proposal will be based on the information presented in the written proposal presented to the Government along with input obtained from outside sources relevant to past performance. Significant deficiencies or lack of response to the factor or elements may be used as a basis for eliminating a proposal from further consideration. Additionally, the rating of the performance risk factor as High Risk may also be used as a basis for eliminating a proposal from further consideration. The proposal will be evaluated to determine whether the offeror’s methods and approach meet the Evaluation Factors of: Evaluation Factors 1) Past Performance (Factor) a) Quality (Element) b) Timeliness of Delivery (Element)
    • N68335-08-R-0165 Page 46 of 46 c) Customer Satisfaction (Element) 2) Price (Factor) The Evaluation Factor of Past Performance is slightly more important than the Price Factor. Price is an important factor and should not be ignored. As the rating of proposals in relation to the non-cost factor becomes more equal, Price will become more of a deciding factor in selecting the best value offer. The Government may award a contract on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the offeror’s best terms from a price standpoint. However, if considered necessary by the Contracting Officer, discussions will be conducted with only those offerors determined to be within the competitive range. The Government reserves the right to make an award to other than the lowest priced offeror if the Contracting Officer determines that to do so would result in the best value to the Government.