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ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...
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ORIGINAL EQUIPMENT MANUFACTURER (OEM) CERTIFICATION: All ...

  1. 1. 1. THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES SOLICITATION, OFFER AND AWARD UNDER DPAS (15 CFR 700) DX-A2 1 67 2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NO. [ ] SEALED BID (IFB) W9113M-08-R-0006 17 Dec 2008 [ X ] NEGOTIATED (RFP) 7. ISSUED BY CODE W9113M 8. ADDRESS OFFER TO (If other than Item 7) CODE US ARMY SPACE & MISSILE DEFENSE COMMAND SMDC-RDC PO BOX 1500 HUNTSVILLE AL 35807-3801 TEL: 256-955-3410 See Item 7 TEL: FAX: 256-955-4240 FAX: NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder". SOLICITATION 9. Sealed offers in original and 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 Room 1028 Bldg 5220 until 03:30 PM local time 17 Feb 2009 (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: ELIZABETH BOOKER 256-955-5706 elizabeth.booker@smdc.army .mil 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 X I CONT RACT CLAUSES 25 - 29 X B SUPPLIES OR SERVICES AND PRICES/ COST S 2-7 PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS X C DESCRIPT ION/ SPECS./ WORK ST AT EMENT 8 X J LIST OF AT T ACHMENT S 30 X D PACKAGING AND MARKING 9 PART IV - REPRESENTATIO NS AND INSTRUCTIO NS X E INSPECT ION AND ACCEPT ANCE 10 REPRESENT AT IONS, CERT IFICAT IONS AND X K 31 - 41 X F DELIVERIES OR PERFORMANCE 11 - 12 OT HER ST AT EMENT S OF OFFERORS X G CONT RACT ADMINIST RAT ION DAT A 13 - 14 X L INST RS., CONDS., AND NOT ICES T O OFFERORS 42 - 61 X H SPECIAL CONT RACT REQUIREMENT S 15 - 24 X M EVALUAT ION FACT ORS FOR AWARD 62 - 67 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)
  2. 2. W9113M-08-R-0006 Page 2 of 62 Section B - Supplies or Services and Prices CONTRACT TYPE This is a Cost-Plus-Fixed-Fee Level of Effort type contract with various Cost Reimbursable Contract Line Item Numbers (CLINs) (including Travel, Vendor Maintenance, HPC Upgrades/Hardware/Software, and miscellaneous Other Direct Costs (ODC)). The contract includes a Base Ordering Period of 24 months from date of contract award and three 12-month Option periods for a maximum 60-month period of performance.
  3. 3. W9113M-08-R-0006 Page 3 of 62 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 DPPH BASIC - Labor CPFF Statement of Work SMDC-07-08, titled Simulation Center, incorporated herein and attached as set forth in Part III, Section J, hereof. FOB: Destination ESTIMATED COST FIXED FEE TOTAL EST COST + FEE ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 DPPH OPTION Option I - Labor CPFF Statement of Work SMDC-07-08, titled Simulation Center, incorporated herein and attached as set forth in Part III, Section J, hereof. FOB: Destination ESTIMATED COST FIXED FEE TOTAL EST COST + FEE
  4. 4. W9113M-08-R-0006 Page 4 of 62 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0003 DPPH OPTION Option II - Labor CPFF Statement of Work SMDC-07-08, titled Simulation Center, incorporated herein and attached as set forth in Part III, Section J, hereof. FOB: Destination ESTIMATED COST FIXED FEE TOTAL EST COST + FEE ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0004 DPPH OPTION Option III - Labor CPFF Statement of Work SMDC-07-08, titled Simulation Center, incorporated herein and attached as set forth in Part III, Section J, hereof. FOB: Destination ESTIMATED COST FIXED FEE TOTAL EST COST + FEE ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0005 Lot Contract Data Requirements Lists (CDRLs) CPFF Data to be delivered under this contract shall be that cited in the Contract Data Requirements List (CDRL), DD Form 1423, incorporated herein and attached in Section J. CLIN 0005 is applicable to all Basic and Option CLINs. FOB: Destination ESTIMATED COST FIXED FEE TOTAL EST COST + FEE
  5. 5. W9113M-08-R-0006 Page 5 of 62 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0006 DPPH OPTION Surge Option - Labor (CLINs 0001-0004) CPFF Additional DPPHs for Basic and Options I, II, and III in performance of Statement of Work SMDC-07-08, titled Simulation Center, incorporated herein and attached as set forth in Part III, Section J, hereof. FOB: Destination ESTIMATED COST FIXED FEE TOTAL EST COST + FEE ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0007 OPTION Other Direct Costs COST Provide training, maintenance for Hardware/software (other than HPC Upgrades and Vendor Maintenance), replacement parts, printers, and any other miscellaneous direct costs. NO FEE IS ASSOCIATED WITH THIS CLIN. FOB: Destination ESTIMATED COST ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0008 OPTION HPC Hardware/Software Upgrades Only COST Provide High Performance Computer (HPC) Hardware/Software Upgrades only (to include equipment and material). NO FEE IS ASSOCIATED WITH THIS CLIN. FOB: Destination ESTIMATED COST
  6. 6. W9113M-08-R-0006 Page 6 of 62 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0009 OPTION Travel COST Travel must be completed wihin the cost reimbursable amounts allowed per the Federal Acquisition Regulation (Part 31) and its supplements, the Joint Travel Regulations (as applicable) and the DCAA approved Company-Implemented Policy and Procedures. NO FEE IS ASSOCIATED WITH THIS CLIN. FOB: Destination ESTIMATED COST ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0010 OPTION Vendor Maintenance COST Provide Vendor Maintenance (to include equipment and material). NO FEE IS ASSOCIATED WITH THIS CLIN. FOB: Destination ESTIMATED COST ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0011 Contractor Manpower Reporting COST Contractor Manpower Reporting requirement as provided in Section H Clause titled, "Accounting for Contract Services/Contractor Manpower Reporting." FOB: Destination ESTIMATED COST CLAUSES INCORPORATED BY FULL TEXT LEVEL OF EFFORT:
  7. 7. W9113M-08-R-0006 Page 7 of 62 a. In the performance of the Base CLIN 0001, Option I CLIN 0002, Option II CLIN 0003, Option III, CLIN 0004, and Surge Option CLIN 0006 of this contract, the contractor shall provide direct productive person hours (DPPH) level of effort by labor category, as set forth in Section B above, within the time period as set forth in Section F hereof: b. DPPHs are defined as prime contractor, consultant, and subcontractor actual direct labor hours exclusive of vacation, holiday, sick leave, and other absences. c. In accordance with FAR 16.306(d)(2), entitlement to the total fixed fee is subject to the certification by the contractor to the Administrative Contracting Officer that he has exerted the DPPH level of effort by labor category as specified in performing the work called for, has provided the reports called for, and the effort performed and reports provided are considered satisfactory by the Government.
  8. 8. W9113M-08-R-0006 Page 8 of 62 Section C - Descriptions and Specifications PERFORMANCE WORK STATEMENT The contractor shall perform the work specified in the Performance Work Statement or other Attachments and Exhibits in Section J of this contract. The Contractor shall provide all necessary materials, labor, and equipment incidental to the performance of this requirement.
  9. 9. W9113M-08-R-0006 Page 9 of 62 Section D - Packaging and Marking D-1 PACKAGING AND MARKING OF TECHNICAL DATA Technical data items shall be preserved, packaged, packed, and marked in accordance with the best commercial practices to meet the packaging requirements of the carrier and insure safe delivery at destination. Classified reports, data and documentation shall be prepared for shipment in accordance with the National Security Program Operation Manual (NISPOM), DoD 5220.22-M. D-2 PACKAGING AND MARKING OF HARDWARE ITEMS (MAY 2005) The contractor shall utilize best commercial practices for the preservation, packaging, marking and labeling of any hardware delivered under this contract to insure safe delivery at final destination. However, the contractor should also note the requirements of DFARS 252.211-7003, Item Identification and Valuation, if applicable. Packaging and marking of hazardous materials shall comply with Title 49 of the Code of Federal Regulation and the International Maritime Dangerous Goods (IMDG) Code.
  10. 10. W9113M-08-R-0006 Page 10 of 62 Section E - Inspection and Acceptance INSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government 0007 N/A N/A N/A Government 0008 N/A N/A N/A Government 0009 N/A N/A N/A Government 0010 N/A N/A N/A Government 0011 N/A N/A N/A Government CLAUSES INCORPORATED BY REFERENCE 52.246-3 Inspection Of Supplies Cost-Reimbursement MAY 2001 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 252.246-7000 Material Inspection And Receiving Report MAR 2008
  11. 11. W9113M-08-R-0006 Page 11 of 62 Section F - Deliveries or Performance DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC 0001 N/A N/A N/A N/A 0002 N/A N/A N/A N/A 0003 N/A N/A N/A N/A 0004 N/A N/A N/A N/A 0005 N/A N/A N/A N/A 0006 N/A N/A N/A N/A 0007 N/A N/A N/A N/A 0008 N/A N/A N/A N/A 0009 N/A N/A N/A N/A 0010 N/A N/A N/A N/A 0011 N/A N/A N/A N/A CLAUSES INCORPORATED BY REFERENCE 52.211-8 Time of Delivery JUN 1997 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 52.247-55 F.O.B. Point For Delivery Of Government-Furnished JUN 2003 Property CLAUSES INCORPORATED BY FULL TEXT The contractor shall provide all level of effort, material/equipment, data/software, and reports required by CLIN 0001 within twenty-four (24) months after the effective date of the contract. The contractor shall provide all level of effort, material/equipment, data/software, and reports required by Option I, CLIN 0002 within twelve (12) months after the effective date of the option exercise. The contractor shall provide all level of effort, material/equipment, data/software, and reports required by Option II, CLIN 0003 within twelve (12) months after the effective date of the option exercise.
  12. 12. W9113M-08-R-0006 Page 12 of 62 The contractor shall provide all level of effort, material/equipment, data/software, and reports required by Option III, CLIN 0004 within twelve (12) months after the effective date of the option exercise. The period of performance for CLINs 0005, 0006, 0007, 00008, 0009, 0010, and 0011, shall be within sixty (60) months of the effective date of the contract.
  13. 13. W9113M-08-R-0006 Page 13 of 62 Section G - Contract Administration Data CLAUSES INCORPORATED BY FULL TEXT G-1 INVOICING AND VOUCHERING: a. When authorized by the Defense Contract Audit Agency (DCAA) in accordance with DFARS 242.803(b)(i)(C), the contractor may submit interim vouchers directly to paying offices. Such authorization does not extend to the first and final vouchers. Submit first vouchers to the cognizant DCAA office. Final vouchers will be submitted to the ACO with a copy to DCAA. b. Upon written notification to the contractor, DCAA may rescind the direct submission authority. c. Should the contractor decline to submit interim vouchers directly to paying offices or if the contractor receives written notification that DCAA has rescinded the direct submission authority, public vouchers, together with any necessary supporting documentation, shall be submitted to the cognizant Defense Contract Audit Agency (DCAA) Office, prior to payment by the Finance and Accounting Office specified in Block 12, Page 1, Section A, of Standard Form 26. d. The contractor shall identify on each public voucher: (1) the accounting classification reference number (ACRN) assigned to the accounting classification which pertains to the charges billed, e.g. "ACRN: AA;" (2) the contract line item number (CLIN) which pertains to the charges billed, and (3) the contract number. In addition, the Department of Defense requires that the Taxpayer Identification Number (TIN) be placed on all certified payment vouchers, including non-profit organizations, when submitting payment to the disbursing office. The only exception is foreign vendors, which will have the word “foreign” in the TIN field. Invoices will be returned to the vendor without payment if a TIN is not provided. Therefore also include in the address block, the Tax Identification Number, a point of contact, and the telephone number. e. The contractor may include in provisional vouchers fixed fee based on the percentage of level of effort hours exerted to the total level of effort hours stipulated in Section B, subject to the withholding reserve of the contract clause titled "Fixed Fee." f. A copy of each voucher, together with any necessary supporting documentation, shall also be submitted to the issuing office specified in Block 5, Page 1, Section A of Standard Form 26, concurrently with submission to the DCAA. g. The Paying Office shall ensure that the voucher is disbursed for each ACRN as indicated on the voucher (or as specified herein). G-2 CONTRACT ADMINISTRATION: Administration of this contract will be performed by the cognizant office as shown in Block , Page 1, Standard Form 26. No changes, deviations, or waivers shall be effective without a modification of the contract executed by the Contracting Officer or his duly authorized representative authorizing such changes, deviations, or waivers. G-3 IDENTIFICATION OF CORRESPONDENCE: All correspondence and data submitted by the contractor under this contract shall reference the contract number.
  14. 14. W9113M-08-R-0006 Page 14 of 62 G-4 CONTRACTING ACTIVITY REPRESENTATIVES: Contractual Matters Technical Matters NAME: Elizabeth Booker Gloria Flowers ORGANIZATION CODE: SMDC-RDC-AK SMDC-FWS-I TELEPHONE NUMBERS: COMMERCIAL: 256-955-5706 256-955-1696 DEFENSE SWITCHED NETWORK 645-5706 645-1696 (DSN): EMAIL: Elizabeth.booker@smdc.army.mil Gloria.flowers@smdc.army.mil G-5 IMPLEMENTATION OF AND EXPLANATION OF THE RELATIONSHIP OF THE LIMITATION OF FUNDS (LOF) CLAUSE TO FEE OBLIGATIONS: The amount of funds estimated to be required for full performance, including fee(s); the amount of funds allotted pursuant to the Contract Clause hereof entitled, Limitations of Funds; the amount of funds currently obligated for fee; and the estimated period of performance covered by the funds allotted are set forth below. Amounts obligated for fee are separate from and are not to be commingled with the amounts allotted for costs and are not available to the contractor to cover costs in excess of those allotted to the contract for cost. a. CLINs 0001 and 0005 (BASIC): (1) Amount Required for Full Funding, Including Fee(s): $_______ (2) Amount Allotted Under the LOF Clause for Payment of Costs: $_______ (3) Amount Separately Obligated for Payment of Fee: $_______ (4) Total Amount Allotted and Obligated: $_______ (5) Net Amount Required for Full Funding: $_______ (6) Estimated Period of Performance the Allotted Amount Will Cover: _______
  15. 15. W9113M-08-R-0006 Page 15 of 62 Section H - Special Contract Requirements H-1 CONTRACTOR’S ORGANIZATION AND RELATIONSHIP WITH OTHER CONTRACTORS: a. The contractor’s organization shall be established with authority to effectively accomplish the management and development objectives of the Performance Work Statement (PWS). Individual organizational assignments shall be identified to facilitate the identification of a single point of contact for government managers in all major areas of the program. This organization shall become effective upon award of the contract and its integrity shall be maintained for the duration of the contract effort. b. The success of the program requires that a good working relationship be established between the participants. To this end, the contractor shall maintain technical liaison with the other contractors or government agencies as may be designated by technical direction. H-2 CONTROL OF USER PROPRIETARY DATA: If requested by Simulation Center users, the contractor will enter into written agreements for the non-disclosure of their proprietary data. The contractor will enter into written non-disclosure agreements with any simulation Center users that require such as a condition of such use and shall protect proprietary information which is thereunder disclosed to the contractor. H-3 PURCHASE OF EQUIPMENT: From time to time during the performance of the contract, the contractor shall be required to acquire and deliver to the Government for its acceptance, items of hardware and software equipment for installation/integration into the Simulation Center. Documentation of delivery to and final acceptance by the government will be by Contracting Officer by a DD Form 250. H-4 GOVERNMENT FURNISHED PROPERTY/EQUIPMENT This Government Furnished Equipment inventory is specified in Attachment 2. This property shall continue to be provided on a no-charge-for-use basis effective upon the date of contract award. H-5 OPTION TO EXTEND THE TERM OF THE CONTRACT: (CLINs 0002 through 0004) a. The government may require performance of the options, which is identified in Section B as Options, at the amount set forth therein. The contracting officer may exercise the options by giving notice to the contractor in the form of a unilateral modification to the contract. The parties agree that the options shall be considered to have been exercised, for the purpose of this contract at the time the government deposits the unilateral modification in the mail. The period of performance shall be described in Section F, hereof. b. The Option CLINs 0002 thru 0004, of this contract may be exercised, at unilateral option of the government by the contracting officer giving written notice of renewal to the contractor within the corresponding period of performance specified in this contract. The total duration of this contract, including the exercise of options, under this article shall not exceed five (5) years. If the government exercises any option, the contract renewed shall be deemed to include this option provision. Should the government exercise any option(s) hereunder, all contractual terms and conditions shall apply during the option period.
  16. 16. W9113M-08-R-0006 Page 16 of 62 c. Option I, CLINs 0002, may be exercised at the end of the twenty-four (24) month basic. d. Option II, CLINs 0003, may be exercised at the end of the twelve (12) month Option I effort. e. Option III, CLINs 0004, may be exercised at the end of the twelve (12) month Option II effort. f. The parties agree that the contracting officer shall not exercise Option II (CLIN 0003) and Option III (CLIN 0004) unless and until Option I (CLIN 0002) has been exercised. g. The government will notify the contractor of its intent to exercise the options under the contract at least fifteen (15) days prior to the option exercise date. Such preliminary notice will not be deemed to commit the government to renewal and the contractor shall incur no costs chargeable to these options until the contracting officer has provided written notification that the options have been exercised. H-6 OPTION FOR INCREASED LEVEL OF EFFORT (SURGE CLIN 0006): a. The contract Level of Effort for CLINs 0001 and 0002, 0003, and 0004 (if exercised) may be increased, at the unilateral option of the government, by the contracting officer giving written notice to the contractor of the increase within the period of performance specified in this contract. The government may from time to time, exercise any portion(s) of the DPPH from the Surge Option CLIN 0006 into CLINs 0001, 0002, 0003, or 0004. All effort required shall be performed within the specified periods of performance at the established rates for CLIN 0001 Basic and Option efforts, if exercised and as determined. b. The portion(s) of the Option exercised from CLIN 0006 DPPH amount will be decreased by the DPPH amount exercised and added to CLINs 0001, 0002, 0003, and 0004. c. The government will notify the contractor of its intent to exercise the options under the contract at least fifteen (15) days prior to the option exercise date. Such preliminary notice will not be deemed to commit the government to renewal and the contractor shall incur no costs chargeable to these options until the contracting officer has provided written notification that the options have been exercised. H-7 USE OF GOVERNMENT PROPERTY NOT IDENTIFIED BY THE SOLICITATION: a. It is the policy of the Government that in performing Government contracts or subcontracts, Government property in the possession of contractors or subcontractors shall be used to the greatest possible extent, provided that a competitive advantage is not conferred on the contractor or its subcontractors. Therefore, all offerors proposing to use Government property in performance of this requirement shall submit with their offers the following information: (1) A list or description of all Government property that the offeror or its subcontractors propose to use on a rent-free basis. The list shall include property offered for use in the solicitation, as well as property already in possession of the offeror and its subcontractors under other contracts. (2) Identification of the facilities contract or other instrument under which property already in possession of the offeror and its subcontractors is held, and the written permission for its use from the Contracting Officer having cognizance of the property.
  17. 17. W9113M-08-R-0006 Page 17 of 62 (3) The dates during which the property will be available for use (including the first, last, and all intervening months) and, for any property that will be used concurrently in performing two (2) or more contracts, the amounts of the respective uses in sufficient detail to support proration of the rent. (4) The amount of rent that would otherwise be charged, computed in accordance with the clause at FAR 52.245-9, Use and Charges. b. In evaluating offers, the Contracting Officer will adjust the offers of those offerors proposing to use Government property by applying, for evaluation purposes only, a rental equivalent evaluation factor as computed in a. (4) above. c. The above principles apply to all government furnished property, material and/or services, not already identified as such in the solicitation, that the offeror proposes to use on a rent-free or cost-free basis under this contract. This includes any property or services which the offeror proposes for the government to furnish for his use under this contract, as well as any government property which is already in the offeror’s possession and which the offeror proposes to use under this contract. The offeror shall clearly identify all such government furnished property/services and the estimated rental/usage value thereof in his proposal. This information shall be used for evaluation purposes in accordance with Section M of the RFP. H-8 DIRECT SHARING OF PROPRIETARY INFORMATION AND DATA(TECHNICAL DATA AND COMPUTER SOFTWARE) WITH OTHER CONTRACTORS: a. Successful conduct of the Simulation Center Program and programs supported by it may require that the contractor and its subcontractors share their proprietary information and data (to include both technical data and computer software) directly with other contractors who are supporting this contract or the underlying government programs. This clause applies to such direct contractor-to-contractor sharing situations. b. Contractor agrees to enter into appropriate access/non-disclosure agreements with these contractors to protect proprietary information and data and to cooperate and establish a good working relationship. c. The above-referenced agreements shall provide the terms for access to the proprietary information and data and the appropriate restrictions to protect them. Access to information and data in which the Government has rights shall be at least as great as if disclosed through the Government. d. The contractor is responsible for properly marking any proprietary information/data to be directly shared with other contractors under the provisions of this clause. e. Contractor shall cause its subcontractors to enter into similar agreements consistent with the above. An executed copy of all agreements shall be furnished to the Contracting Officer within thirty (30) calendar days of execution. H-9 PROPERTY ACCOUNTABILITY OF EQUIPMENT To facilitate orderly record keeping (property accountability) and responsibility for maintenance as well as other responsibilities described in the clause entitled, Government Property (Cost Reimbursement), Government Property specified in Attachment 2 of this contract, and Government Property accepted by the Government and then installed/integrated into the Simulation Center in accordance with Purchase of Equipment are provided as Government Furnished Property. Transfers of all property will be by DD Form 1149. H-10 ORGANIZATIONAL CONFLICT OF INTEREST AND PROTECTION OF PROPRIETARY INFORMATION AND DATA a. The effort to be performed under this contract may require access to and use of proprietary information and data (which includes both technical data and computer software) of other companies and consequently creates a
  18. 18. W9113M-08-R-0006 Page 18 of 62 potential significant conflict of interest as set forth in Federal Acquisition Regulation (FAR) 9.505-4. It is the intention of the Government to preclude the unauthorized release and use of such information and data and to prevent creation of an unfair competitive advantage as a result of knowledge gained through access to it. Consequently, when access to proprietary information and data of other companies is required, the contractor shall (1) enter into appropriate written agreements with the other companies to protect their proprietary information and data from unauthorized use or disclosure for as long as it remains proprietary; (2) refrain from using such proprietary information and data for any purpose other than that for which it was furnished; and (3) hold the Government harmless for unauthorized disclosures by the contractor and its subcontractors when there is no involvement by the Government in the disclosure. b. The following additional requirements apply when access to technical data or computer software, marked with restrictive legends, will be provided through the Government. (1) The agreements required by paragraph a. above shall contain the other companies’ express consent to the proposed disclosures by the Government and identify the data and the specific conditions under which the contractor will be authorized to use, modify, reproduce, release, perform, display, or disclose the data in accordance with the Government’s rights to do so. (2) The contractor (as recipient of the data from the Government) shall execute and submit to the Contracting Officer the Use and Non-Disclosure Agreement at DFARS 227-7103-7 prior to obtaining access, except for data containing Government Purpose Rights or SBIR Data Rights markings if DFARS clause 252.227-7025 is in this contract. c. An executed copy of the agreements required by paragraph a. above shall be furnished to the Contracting Officer within thirty (30) calendar days of execution. d. The contractor shall include this clause in all subcontracts which may require access to proprietary information and data of other companies. H-11 USE AND DISCLOSURE OF TECHNICAL DATA WITH LIMITED RIGHTS MARKINGS AND COMPUTER SOFTWARE WITH RESTRICTED RIGHTS MARKINGS DELIVERED OR OTHERWISE PROVIDED UNDER THIS CONTRACT a. Technical Data. Subject to the non-disclosure agreements discussed in paragraph c. below, the contractor agrees that the Government may release or disclose technical data with limited rights markings, delivered or otherwise provided to the Government under this contract, to: contractors or subcontractors performing service contracts in support of this or a related contract; or, to any other contractors mutually agreed upon. b. Computer Software. Subject to the non-disclosure agreements discussed in paragraph c. below, the Government intends to permit contractors or subcontractors performing service contracts in support of this or a related contract or performing emergency repairs or overhaul of items procured under this or a related contract to use, as specified in DFARS clause 252.227-7014(a)(14)(v) and (vi) computer software with restricted rights markings, delivered or otherwise provided to the Government under this contract. Subject to the non-disclosure agreements discussed in paragraph c. below, the contractor agrees that the Government may release or disclose computer software with restricted rights markings, delivered or otherwise provided to the Government under this contract, to: contractors or subcontractors performing service contracts for other uses in support of this or a related contract; or, to any other contractors mutually agreed upon. c. Non-Disclosure Agreements. The contractor agrees to enter into appropriate non-disclosure agreements with the support or other contractors mentioned in paragraphs a. and b. above. The agreements shall contain the contractor’s express consent to the proposed disclosures by the Government and identify the data/software and the specific conditions under which the support or other contractors will be authorized to use, modify, reproduce, release, perform, display, or disclose the data/software in accordance with the Government’s rights to do so. These agreements may be based or contingent upon the support or other contractors executing and submitting to the Contracting Officer the Use and Non-Disclosure Agreement at DFARS 227-7103-7 prior to obtaining access. An executed copy of the agreements shall be furnished to the Contracting Officer within thirty (30) calendar days of execution.
  19. 19. W9113M-08-R-0006 Page 19 of 62 d. The Government reserves the right to challenge all markings and nothing herein shall be deemed to constitute acceptance of the contractor’s claims to rights in technical data or computer software. H-13 COMMON ACCESS CARD (CAC): All personnel employed by the contractor in support of the Simulation Center will be required to obtain a Common Access Card (CAC). H-14 MINIMUM INSURANCE LIABILITY: Pursuant to the requirements of the contract clause 52.228-7, “Insurance – Liability to Third Persons,” the contractor shall obtain and maintain at least the following kinds of insurance and minimum liability coverage during any period of contract performance: a. Workman’s Compensation and Employers’ Liability Insurance: Compliance with applicable workmen’s compensation and occupational disease statutes is required. Employers’ liability coverage in the minimum amount of $100,000 is required. b. General Liability Insurance: Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence, is required on the comprehensive form of policy; however, property damage liability insurance is not required. c. Automobile Liability Insurance: This insurance is required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage is required. H-15 Patents - Reporting of Subject Inventions: a. The interim and final invention reports shall be submitted on DD Form 882, Report of Inventions and Subcontracts, see http://www.smdc.army.mil/Contracts/Announce.html. In accordance with DFARS 252.227-7038 and 252.227-7039, interim reports shall be furnished every twelve (12) months and final reports shall be furnished within three (3) months after completion of the contracted work. In accordance with FAR 27.305-2(e), when a contractor fails to disclose a subject invention the applicable withholding of payments provision may be invoked. b. The contractor shall include the clause at DFARS 252.227-7039 in all subcontracts with small businesses and non profit organizations, regardless of tier, for experimental, developmental, or research work. c. The prime contractor shall account for the interim and final invention reports submitted by the subcontractor(s). The prime contractor's invention reports shall contain a copy of each of the subcontractor’s invention reports.
  20. 20. W9113M-08-R-0006 Page 20 of 62 H-16 YEAR 2000 COMPLIANCE: The Contractor shall ensure products provided under this contract, to include hardware, software, firmware, and middleware, whether acting alone or combined as a system, are Year 2000 compliant as defined in FAR Part 39. H-12 CONTRACT SECURITY CLASSIFICATION SPECIFICATION (DD 254) All personnel employed by the contractor in the integration, operation, maintenance, and support of this effort shall have a minimum of a SECRET security clearance. While operating at a Government facility, the contractor shall develop, maintain, and enforce security procedures in accordance with AR 25-2, DoD Directive 8500.01E, and DoD Directive 5220.22-M, SMDC supplements, implementing policies, regulations, and revised guidance which may be published during the performance period of the contract. The contractor shall control system and physical access of all areas of the Simulation Center. The Government will be responsible for direction, signature, and control of identification badges. The Government will provide destruction facilities for classified waste material. CLAUSES INCORPORATED BY FULL TEXT H-17 PUBLIC RELEASE OF INFORMATION: a. In accordance with DFARS 252.204-7000, Disclosure of Information, The Contractor shall not release to anyone outside the Contractor's organization any unclassified information, regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to this contract, unless the Contractor has written approval or the information is otherwise in the public domain before the date of release. 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 Technical Monitor noted in the contract, Section H, at least 45 days before the proposed date for release. All material to be cleared shall be sent by certified mail/return receipt requested to: U.S. Army Space and Missile Defense Command ATTN: SMDC-FWS-I/Gloria Flowers P. O. Box 1500 Huntsville, AL 35807-3801 c. The Technical Monitor shall process the request in accordance with SMDC form 614-R. d. If there is no response within 30 days, the Contractor shall resubmit the request to: U.S. Army Space and Missile Defense Command ATTN: SMDC-PA P. O. Box 1500 Huntsville, AL 35807-3801 e. 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.
  21. 21. W9113M-08-R-0006 Page 21 of 62 H-18 DISTRIBUTION CONTROL OF TECHNICAL INFORMATION: a. The following terms applicable to this clause are defined as follows: (1) Technical Document. Any recorded information that conveys scientific and technical information or technical data. (2) Scientific and Technical Information. Communicable knowledge or information resulting from or pertaining to conducting and managing a scientific or engineering research effort. (3) Technical Data. Recorded information related to experimental, developmental, or engineering works that can be used to define an engineering or manufacturing process or to design, procure, produce, support, maintain, operate, repair, or overhaul material. The data may be graphic or pictorial delineations in media such as drawings or photographs, text in specifications or related performance or design type documents, or computer printouts. Examples of technical data include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog-item identifications, and related information and computer software documentation. b. Except as may otherwise be set forth in the Contract Data Requirements List (CDRL), DD Form 1423, (i) the distribution of any technical document prepared under this contract, in any stage of development or completion, is prohibited without the approval of the Contracting Officer and (ii) all technical documents prepared under this contract shall initially be marked with the following distribution statement, warning, and destruction notice: (1) DISTRIBUTION STATEMENT F - Further dissemination only as directed by SMDC-IO-P or higher DOD authority. (2) 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 amended, Title 50, U.S.C., app 2401 et seq. Violation of these export laws are subject to severe criminal penalties. Disseminate in accordance with provisions of DOD Directive 5230.25. (3) DESTRUCTION NOTICE - For classified documents, follow the procedures in DOD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM), Chapter 5, Section 7, or DOD 5200.1-R, Information Security Program Regulation, Chapter IX. For unclassified, limited documents, destroy by any method that will prevent disclosure of contents or reconstruction of the document. c. As a part of the review of preliminary or working draft technical documents, the Government will determine if a distribution statement less restrictive than the statement specified above would provide adequate protection. If so, the Government's approval/comments will provide specific instructions on the distribution statement to be marked on the final technical documents before primary distribution. H-19 TECHNICAL COGNIZANCE AND TECHNICAL DIRECTION: a. The U.S. Army Space and Missile Defense Command is the cognizant Government technical organization for this contract and will provide technical direction as defined herein. Technical direction shall be exercised by the following technical monitor: Name Office symbol Phone Number
  22. 22. W9113M-08-R-0006 Page 22 of 62 Gloria Flowers SMDC-FWS-I 256-955-1696 b. Technical direction, as defined in this clause is the process by which the progress of the contractor's technical efforts are reviewed and evaluated and guidance for the continuation of the effort is provided by the Government. It also includes technical discussions and, to the extent required and specified elsewhere in this contract, defining interfaces between contractors; approving test plans; approving preliminary and critical design reviews; participating in meetings; providing technical and management information; and responding to request for research and development planning data on all matters pertaining to this contract. The contractor agrees to accept technical direction only in the form and procedure set forth herein below. c. Except for routine discussions having no impact on contractor performance, any and all technical direction described in paragraph b. above shall only be authorized and binding on the contractor when issued in writing and signed by a Government official designated in a. above. The Technical Direction shall not effect or result in a change within the meaning of the "CHANGES" clause, or any other change in the Scope of Work, price, schedule, or the level of effort required by the contract. Such changes must be executed by the Contracting Officer as a Modification-Change Order, or as a Modification-Supplemental Agreement, as appropriate. It is emphasized that such changes are outside the authority of the Government officials designated in a. above who are not authorized to issue any directions which authorize the contractor to exceed or perform less than the contract requirements. Notwithstanding any provision to the contrary in any Technical Directive, the estimated cost of this contract, and, if this contract is incrementally funded, the amount of funds allotted, shall not be increased or deemed to be increased by issuance thereof. H-20 KEY PERSONNEL: a. The key personnel listed in paragraph b. below are considered to be critical to the successful performance of this contract. Prior to replacing these key personnel, the contractor shall obtain written consent of the contracting officer. In order to obtain such consent, the contractor must provide advance notice of the proposed changes and must demonstrate that the qualifications of the proposed substitute personnel are generally equivalent to or better than the qualifications of the personnel being replaced. b. Key Personnel List: NAME(s) POSITION Program Manager System Admin/Analyst Lead Network Admin/Analyst Lead Security Lead (This list shall be negotiated by the parties. Personnel identified as key individuals in the offeror's proposal shall be candidates for this list, however, it is not intended that all such proposed key individuals must be listed in this clause.) H-21 ASSIGNMENT OF RIGHTS: Per DFARS 252.227-7020, Rights in Special Works, all works first produced, created, or generated under the contract and required to be delivered must contain the following notice: “© (Year date of delivery) United States Government, as represented by the Secretary of the Army. All rights reserved.” In addition, the contractor hereby
  23. 23. W9113M-08-R-0006 Page 23 of 62 relinquishes any rights to use or disclose such works beyond what is required by the contract or specifically approved by the Government. H-22 Commercial Computer Software Licenses. Unless otherwise approved by the Contracting Officer, commercial computer software licenses shall designate the U.S. Government (represented by the Contracting Officer) as a contingent licensee, able to replace the Contractor as the primary licensee upon notifying the licensor. A copy of the negotiated license shall be furnished to the Contracting Officer. Per DFARS 227.7202, the terms of the licenses cannot be inconsistent with Federal procurement law and must satisfy user needs. This includes the contractor’s / subcontractor’s needs for the software to perform this contract and the Government’s needs for the software to accomplish the Government’s ultimate objectives. At a minimum, this shall include the rights to make an archive copy of the software, to relocate the computer on which the software resides, to re-host the software on a different computer, to permit access by support contractors, and to permit the Government to transfer the license to another contractor. H-23 ACCOUNTING FOR CONTRACT SERVICES/CONTRACTOR MANPOWER REPORTING: The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address: https://contractormanpower.army.pentagon.mil. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative; (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data; (5) Estimated direct labor hours (including sub-contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-contractors; (7) Total payments (including sub-contractors): (8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each sub-contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information); (11) Locations where contractor and sub-contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment of contingency contract language; and (13) Number of contractor and sub-contractor employees deployed in theater this reporting period (by country). As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending 30 September of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a contractor’s systems to the secure web site without the need for separate data entries for each required data element at the web site. The specific formats for the XML direct transfer may be downloaded from the web site.”
  24. 24. W9113M-08-R-0006 Page 24 of 62 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 52.204-2 Security Requirements AUG 1996 52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.204-7 Central Contractor Registration JUL 2006 52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007 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 52.211-15 Defense Priority And Allocation Requirements SEP 1990 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2004 52.215-2 Audit and Records--Negotiation JUN 1999 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-11 Price Reduction for Defective Cost or Pricing Data-- OCT 1997 Modifications 52.215-13 Subcontractor Cost or Pricing Data--Modifications OCT 1997 52.215-14 Integrity of Unit Prices OCT 1997 52.215-15 Pension Adjustments and Asset Reversions OCT 2004 52.215-18 Reversion or Adjustment of Plans for Postretirement JUL 2005 Benefits (PRB) Other than Pensions 52.215-21 Requirements for Cost or Pricing Data or Information Other OCT 1997 Than Cost or Pricing Data--Modifications 52.216-7 Allowable Cost And Payment DEC 2002 52.216-11 Cost Contract--No Fee APR 1984 52.216-24 Limitation Of Government Liability APR 1984 52.217-5 Evaluation Of Options JUL 1990 52.219-8 Utilization of Small Business Concerns MAY 2004 52.219-14 Limitations On Subcontracting DEC 1996 52.219-18 Notification Of Competition Limited To Eligible 8 (A) JUN 2003 Concerns 52.219-28 Post-Award Small Business Program Rerepresentation JUN 2007 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards Act - Overtime JUL 2005 Compensation 52.222-19 Child Labor -- Cooperation with Authorities and Remedies AUG 2007 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 52.222-29 Notification Of Visa Denial JUN 2003 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
  25. 25. W9113M-08-R-0006 Page 25 of 62 52.222-37 Employment Reports On Special Disabled Veterans, SEP 2006 Veterans Of The Vietnam Era, and Other Eligible Veterans 52.222-39 Notification of Employee Rights Concerning Payment of DEC 2004 Union Dues or Fees 52.222-48 Exemption from Application of Service Contract Act to NOV 2007 Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification 52.222-50 Combating Trafficking in Persons AUG 2007 52.223-5 Pollution Prevention and Right-to-Know Information AUG 2003 52.223-6 Drug-Free Workplace MAY 2001 52.223-11 Ozone-Depleting Substances MAY 2001 52.223-14 Toxic Chemical Release Reporting AUG 2003 52.225-13 Restrictions on Certain Foreign Purchases FEB 2006 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright DEC 2007 Infringement 52.227-9 Refund Of Royalties APR 1984 52.227-10 Filing Of Patent Applications--Classified Subject Matter DEC 2007 52.227-11 Patent Rights--Retention By The Contractor DEC 2007 52.227-13 Patent Rights--Ownership By The Government DEC 2007 52.227-14 Alt V Rights in Data--General (Dec 2007) - Alternate V DEC 2007 52.227-16 Additional Data Requirements JUN 1987 52.227-17 Rights In Data-Special Works DEC 2007 52.227-23 Rights to Proposal Data (Technical) JUN 1987 52.228-3 Worker's Compensation Insurance (Defense Base Act) APR 1984 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-7 Insurance--Liability To Third Persons MAR 1996 52.229-1 State and Local Taxes APR 1984 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 52.232-17 Interest JUN 1996 52.232-18 Availability Of Funds APR 1984 52.232-22 Limitation Of Funds APR 1984 52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I APR 1984 52.232-33 Payment by Electronic Funds Transfer--Central Contractor OCT 2003 Registration 52.233-1 Alt I Disputes (Jul 2002) - Alternate I DEC 1991 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-12 Cleaning Up APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And APR 1984 Vegetation 52.239-1 Privacy or Security Safeguards AUG 1996 52.242-1 Notice of Intent to Disallow Costs APR 1984 52.242-3 Penalties for Unallowable Costs MAY 2001 52.242-4 Certification of Final Indirect Costs JAN 1997 52.242-13 Bankruptcy JUL 1995 52.243-1 Alt II Changes--Fixed-Price (Aug 1987) - Alternate II APR 1984 52.243-2 Changes--Cost-Reimbursement AUG 1987 52.243-6 Change Order Accounting APR 1984 52.243-7 Notification Of Changes APR 1984 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items MAR 2007
  26. 26. W9113M-08-R-0006 Page 26 of 62 52.245-2, Alt I Government Property (Fixed Price Contracts Alt I) APR 1998 (Dev) (Deviation) 52.245-2, Alt II, Government Property (Fixed Price Contracts Alt II) APR 1998 (Dev) (Deviation) 52.245-9 Use And Charges JUN 2007 52.245-17 (Dev) Special Tooling (Deviation) APR 1998 52.246-3 Inspection Of Supplies Cost-Reimbursement MAY 2001 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-8 Inspection Of Research And Development Cost MAY 2001 Reimbursement 52.246-23 Limitation Of Liability FEB 1997 52.246-25 Limitation Of Liability--Services FEB 1997 52.247-1 Commercial Bill Of Lading Notations FEB 2006 52.247-68 Report of Shipment (REPSHIP) FEB 2006 52.248-1 Value Engineering FEB 2000 52.249-2 Termination For Convenience Of The Government (Fixed- MAY 2004 Price) 52.249-6 Termination (Cost Reimbursement) MAY 2004 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.249-14 Excusable Delays APR 1984 52.251-1 Government Supply Sources APR 1984 52.252-6 Authorized Deviations In Clauses APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7001 Prohibition On Persons Convicted of Fraud or Other DEC 2004 Defense-Contract-Related Felonies 252.203-7002 Display Of DOD Hotline Poster DEC 1991 252.204-7000 Disclosure Of Information DEC 1991 252.204-7001 Commercial And Government Entity (CAGE) Code AUG 1999 Reporting 252.204-7002 Payment For Subline Items Not Separately Priced DEC 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.204-7006 Billing Instructions OCT 2005 252.204-7007 Alt A Annual Representations and Certifications Alternate A JAN 2008 252.205-7000 Provision Of Information To Cooperative Agreement DEC 1991 Holders 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 AUG 2008 252.215-7000 Pricing Adjustments DEC 1991 252.215-7004 Excessive Pass-Through Charges MAY 2008 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage And Disposal Of Toxic And APR 1993 Hazardous Materials 252.225-7001 Buy American Act And Balance Of Payments Program JUN 2005 252.225-7002 Qualifying Country Sources As Subcontractors APR 2003 252.225-7004 Report of Contract Performance Outside the United States MAY 2007 and Canada--Submission after Award 252.225-7006 Quarterly Reporting of Actual Contract Performance Outside MAY 2007 the United States 252.225-7011 Restriction on Acquisition of Supercomputers JUN 2005 252.225-7012 Preference For Certain Domestic Commodities JAN 2007 252.225-7033 Waiver of United Kingdom Levies APR 2003 252.225-7042 Authorization to Perform APR 2003
  27. 27. W9113M-08-R-0006 Page 27 of 62 252.225-7043 Antiterrorism/Force Protection Policy for Defense MAR 2006 Contractors Outside the United States 252.226-7001 Utilization of Indian Organizations and Indian-Owned SEP 2004 Economic Enterprises, and Native Hawaiian Small Business Concerns 252.227-7013 Rights in Technical Data--Noncommercial Items NOV 1995 252.227-7014 Rights in Noncommercial Computer Software and JUN 1995 Noncommercial Computer Software Documentation 252.227-7015 Technical Data--Commercial Items NOV 1995 252.227-7016 Rights in Bid or Proposal Information JUN 1995 252.227-7017 Identification and Assertion of Use, Release, or Disclosure JUN 1995 Restrictions 252.227-7019 Validation of Asserted Restrictions--Computer Software JUN 1995 252.227-7025 Limitations on the Use or Disclosure of Government- JUN 1995 Furnished Information Marked with Restrictive Legends 252.227-7026 Deferred Delivery Of Technical Data Or Computer Software APR 1988 252.227-7027 Deferred Ordering Of Technical Data Or Computer Software APR 1988 252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 1999 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7010 Levies on Contract Payments DEC 2006 252.235-7010 Acknowledgment of Support and Disclaimer MAY 1995 252.235-7011 Final Scientific or Technical Report NOV 2004 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998 252.244-7000 Subcontracts for Commercial Items and Commercial JAN 2007 Components (DoD Contracts) 252.246-7000 Material Inspection And Receiving Report MAR 2008 252.247-7023 Transportation of Supplies by Sea MAY 2002 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000 252.249-7002 Notification of Anticipated Program Termination or DEC 2006 Reduction 252.251-7000 Ordering From Government Supply Sources NOV 2004 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 address: www.arnet.gov (End of clause)
  28. 28. W9113M-08-R-0006 Page 28 of 62 Section J - List of Documents, Exhibits and Other Attachments CLAUSES INCORPORATED BY FULL TEXT PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS Table of Contents - Attachments/Exhibits Attachments/Exhibit Title #of s pages Attachment 1 Performance Work Statement 11 Attachment 2 Government Furnished Property Inventory List 16 Attachment 3 Simulation Center Labor Category Descriptions 6 Attachment 4 Past Performance Letter/Questionnaire 10 Attachment 5 Layout of Simulation Center 1 Attachment 6 DD Form 1423 - Contract Data Requirements List (CDRL) 10 Attachment 7 DD 254 - Contract Security Classification Specification 9 Exhibit B-2 Breakout of Proposed Direct Productive Person Hours 7 Exhibit B-3 Base Labor Rate Summary 1 Exhibit B-4 Prime/Subcontractor Rates and Factors Summary 1 Exhibit B-5 Prime/Subcontractor Government-Site Loaded Labor Rate Information - 1 Contract Year Exhibit B-6 Report of Subcontractor Labor Rate Information by the Prime Contractor 1 Exhibit B-7 Composite Fully Burdened Labor Rate Summary 1 Exhibit B-8 Roll-Up of Hours and Labor Rates 1 Exhibit B-9 Computation of Elements of Overall Costs 1
  29. 29. W9113M-08-R-0006 Page 29 of 62 Section K - Representations, Certifications and Other Statements of Offerors CLAUSES INCORPORATED BY FULL TEXT Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Apr 1991) (a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification. (b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989 -- (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement; (2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and (3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. (c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. NOTE: Per Class Deviavtion 90-0OOO1, 8 May 1990, the certificatoin required by offerors applies only to the procurement for which the certification is being obtained, not to “any” contract. 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) (a) Definitions. Common parent, as used in this 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. 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 requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal
  30. 30. W9113M-08-R-0006 Page 30 of 62 by the offeror to furnish the information may result in a 31 percent 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 the Federal Government. (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-------------------------------------------------------------------- (End of provision) 52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999)
  31. 31. W9113M-08-R-0006 Page 31 of 62 (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 Representations, of this solicitation.] The offeror represents that it ( ) is a women-owned business concern. (End of provision) 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 [ballot], have not [ballot], 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
  32. 32. W9113M-08-R-0006 Page 32 of 62 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 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. (End of provision) 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, City, State, County, Zip Code) Name and Address of Owner and Operator of the Plant or Facility if Other Than Offeror or Respondent
  33. 33. W9113M-08-R-0006 Page 33 of 62 (End of provision) 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is       (insert NAICS code). (2) The small business size standard is       (insert size standard). (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 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. (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

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