Atch J - Model Contract FA9451-10-D-JTO1.doc

BROAD AGENCY ANNOUNCEMENT 09-RD-03

HIGH ENERGY LASER - JOINT TECHNOLOGY OFFICE (HEL-JTO)

MODEL CONTRACT

FA9451-10-D-JTO1

Attachment J

AWARD / CONTRACT

1. This Contract is a Rated Order under DPAS (15 CFR 350) Rating

DO-A5

Page of PAGES

1 30

AIR FORCE RESEARCH LABORATORY

DET 8/DIRECTORATE OF CONTRACTING

2251 MAXWELL AVE SE

KIRTLAND AFB NM 87117-5773

LINDA BUIX 505-853-4654

linda.buix@kirtland.af.mil

SCD: C PAS: (NONE)

7. nAME AND ADDRESS OF CONTRACTOR (nO., STREET, CITY, COUNTY, STATE AND ZIP CODE)

8. Delivery

FORMCHECKBOX

Other (see below)

9. Discount for Prompt Payment

N

10. Submit Invoices (4 copies unless otherwise SPECIFIED) TO

THE address shown in Item See Block 12

11. Ship To / mark for Code

See Section F

DFAS COLUMBUS CENTER

DFAS-CO/WEST ENTITLEMENT OPS

P.O. BOX 182381

COLUMBUS OH 43218-2381

EFT: T

See Section B

15G. TOTAL AMOUNT OF CONTRACT

16. Table of Contents

PART I - THE SCHEDULE

PART II - CONTRACT CLAUSES

FORMTEXT

b_beg \* MERGEFORMAT Error! Bookmark not defined.

PART III - LIST OF DOCUMENTS, EXHIBITS & ATTACHMENTS

OTHER STATEMENTS OF OFFERORS

CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE

Award (Contractor is not required to sign this document).

19B. Name of Contractor

20C. Date Signed by _________________________________ (signature of person authorized to sign) by _________________________________________

(signature of Contracting Officer)

NSN 7540-01-152-8069

STANDARD FORM 26 (Rev 4-85)

Previous Editions unusable Prescribed by GSA FAR (48 CFR) 53.214(a)

ConWrite Version 6.10.8 Created 11 Jun 2009 8:28 AM

Qty Unit Price

ITEM

SUPPLIES OR SERVICES

Purch Unit Total Item Amount

Noun:

TOPIC AREA

NSN:

N - Not Applicable

Contract type:

U - COST PLUS FIXED FEE

Inspection:

DESTINATION

Acceptance:

FOB:

Descriptive Data:

The contractor shall furnish all labor, supplies, hardware, materials, travel, facilities, and other direct costs reasonably required to accomplish Task Orders issued pursuant to the requirements contained in Attachment 1, the Statement of Work (SOW), entitled, " ", dated . Task Orders will be issued in accordance with the Section B clause entitled "Ordering Procedures."

DATA AND REPORTS

Exhibit:

AA

DD1423 is Exhibit:

AA

This CLIN is not separately priced (NSP). The contractor shall perform all work necessary to submit data in accordance with Exhibit A, Contract Data Requirements List.

HARDWARE

Hardware as set forth on individual orders.

SOFTWARE

Software as set forth on individual orders.

NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

OTHER CONTRACT CLAUSES IN FULL TEXT

B039 INDEFINITE QUANTITY (DEC 2005) (TAILORED)

This is an Indefinite Quantity contract as contemplated by FAR 16.504. The total scope of the technical tasks for which orders may be issued are as set forth in the Statement of Work. The maximum dollar amount the Government may order under this contract is $5,000,000.00; the minimum amount is $100,000.00.

B040 ORDERING PROCEDURES (DEC 2005)

(a) Orders will be issued by a Procuring Contracting Officer in accordance with the Ordering clause of this contract. However, the following procedures shall be used for negotiation of orders.

(1) The Contracting Officer will provide the Contractor with a copy of the notification of each proposed Order which will include a description of work to be performed, description of expertise required, and desired completion date.

(2) The Contractor shall then: (i) submit to the Contracting Officer a brief technical discussion describing how the work will be performed; (ii) submit a cost proposal identifying labor categories and number of hours within each category required for the performance of the proposed work; (iii) identify and provide rationale for all non-labor cost elements required for performance; and (iv) identify any Government property required for performance.

(3) Upon receipt of the proposal, the Contracting Officer will analyze the proposal and, if acceptable, issue an Order directing the Contractor to commence performance, or if the proposal is not fully acceptable as offered, negotiations shall be conducted prior to issuance of any Order . In the event issues pertaining to a proposed work cannot be resolved to the satisfaction of the Contracting Officer, the Contracting Officer reserves the right to withdraw and cancel the proposed work. In such event, the Contractor shall be notified, via letter, of the Contracting Officer's decision. This decision shall be final and conclusive and shall not be subject to the Disputes clause or the Contract Disputes Act.

(b) The Contractor is not authorized to commence performance prior to issuance of the Order by the Contracting Officer.

B054 IMPLEMENTATION OF LIMITATION OF FUNDS (DEC 2005) (TAILORED)

Pursuant to the clause FAR 52.232-22 in Section I, entitled, "Limitation of Funds", the total amount available for payment and allotted to this contract for CLINS 0001 through 0004, as applicable, will be established on individual task orders.

B058 CONTRACT TYPE: COST-PLUS-FIXED-FEE (DEC 2005) (TAILORED)

The maximum amount for this contract is $5,000,000.00. The guaranteed minimum amount is $100,000.00. Fixed fee is included in the maximum contract amount of the contract. Fixed fee will be negotiated on individual task orders. Fee will vary depending upon the mix of labor/materials and risk/complexity of the individual task orders.

NO CLAUSES OR PROVISIONS IN THIS SECTION

NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

AIR FORCE MATERIEL COMMAND FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

5352.247-9008

CONTRACTOR COMMERCIAL PACKAGING (AFMC) (SEP 1998)

I. NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.246-08

INSPECTION OF RESEARCH AND DEVELOPMENT -- COST-REIMBURSEMENT (MAY 2001)

B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

252.246-7000

MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)

II. NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

OTHER CONTRACT CLAUSES IN FULL TEXT

E006 PAYMENT REQUEST AND RECEIVING REPORT SUBMISSION INSTRUCTIONS (AUG 2006)

(a) Pursuant to DFARS 252.232-7003, Electronic Submission of Payment Requests, use of the Wide Area Work Flow - Receipt and Acceptance (WAWF-RA) system for electronic submission of payment requests and receipt/acceptance documents is mandatory for this award. In accordance with DFARS 252.246-7000, Material Inspection and Receiving Report, use of WAWF-RA fulfills the requirements for submission of DD Form 250s.

(b) Technical reports are not to be submitted as attachments in WAWF-RA. See F005 for delivery instructions and addresses for these reports.

(c) A copy of the receiving report printed from WAWF-RA shall accompany each shipment which requires a DD Form 250/receiving report.

(d) PROCESSING STATUS. Any inquiry as to the processing status of a payment request or receiving report should be made to the following office: See Block 6 of the contract/task order.

E007 INSPECTION AND ACCEPTANCE AUTHORITY (APR 1998) (TAILORED)

Inspection and acceptance for all Contract and Exhibit Lines or Subline Items shall be specified in each Task Order.

I. NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.242-15

STOP-WORK ORDER (AUG 1989) - ALTERNATE I (APR 1984)

52.247-34

F.O.B. DESTINATION (NOV 1991)

II. NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

OTHER CONTRACT CLAUSES IN FULL TEXT

F002 PERIOD OF PERFORMANCE (FEB 1997) (TAILORED)

Period of performance under this contract shall end 48 months after effective data of the contract.

Period of performance for task orders issued under this contract shall be identified in each task order.

F003 CONTRACT DELIVERIES (FEB 1997)

The following terms, if used within this contract in conjunction with contract delivery requirements (including data deliveries), are hereby defined as follows:

(a) "MAC" and "MARO" mean "months after the effective date for award of the contractual action (as shown in block 3, Section A, SF 26)".

(b) "WARO" means "weeks after the effective date for award of the contractual action".

(c) "DARO" means "days after the effective date for award of the contractual action".

(d) "ASREQ" means "as required". Detailed delivery requirements are then specified elsewhere in Section F.

F007 SHIPMENT ADDRESS (SEP 1997)

See individual Task Orders.

NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

OTHER CONTRACT CLAUSES IN FULL TEXT

G001 ACCOUNTING AND APPROPRIATION DATA (FEB 1997)

Accounting and appropriation data will be set forth on individual orders issued hereunder.

G002 PROGRAM MANAGER (MAY 1997)

Program Manager: _____

G005 PAYMENT INSTRUCTIONS FOR MULTIPLE ACCOUNTING CLASSIFICATION CITATIONS (MAR 2001) (TAILORED)

Payment for all effort under this contract should be made in the order and amounts shown in the informational subline item(s) in Section B, CLIN 0001 of the task orders.

ACRN

SUBCLIN NO.

TOTAL OBLIGATED

as identified in individual task orders

a. Task Orders will be funded by multiple accounting classification citations. Payment shall be made from ACRNs in alphabetical order (AA,AB,etc). DO NOT USE A PRORATED METHOD to pay, disburse and liquidate funds. Do not liquidate any funds from an ACRN unless the preceding ACRNs have been fully liquidated, or if revised payment instructions are provided per paragraph b. below.

b. Additional ACRNs will be assigned when new accounting classifications are available. When adding new ACRNs or changing existing ACRNs, the above payment instructions shall apply, unless specific revised payments instructions are provided as part of a contract modification.

G007 INVOICE AND PAYMENT - COST REIMBURSEMENT - ALTERNATE (FEB 2006) (TAILORED)

(a) Payment requests, supported by a statement of cost for performance under this contract, shall be submitted to the cognizant Defense Contract Audit Agency (DCAA) office via Wide Area Workflow, unless contractor has direct billing authorization from DCAA. Under the provisions of DFARS 242.803(b), the DCAA auditor, is designated as the authorized representative of the contracting officer (CO) for examining vouchers received directly from the contractor.

(b) In addition, submit monthly, one copy of all public vouchers generated for subject contract and containing only nonproprietary information to the following address HEL-JTO, 901 University Blvd SE, Suite 100, Albuquerque, NM 87106. Forward only the SF 1034 and any continuation sheets. Do not forward copies of attachments

G017 IMPLEMENTATION OF PATENT RIGHTS CLAUSE (IDIQ) (DEC 2007) (TAILORED)

All documents and information required by the patent rights and/or patent reporting clauses set forth in Section I of this contract shall be submitted FOR EACH ORDER to the Administrative Contracting Officer and to:

Air Force Research Laboratory

Det 8 AFRL/RDKL

2251 Maxwell Avenue SE

Kirtland AFB, NM 87117-5773

Mark For: contract FA9451-10-D- XXXX/Task Order 000X

The AFNWC/JAN patent administrator can be reached at 505-846-1542. This notice also constitutes a request (see DFARS 252.227-7038(e)(10) or DFARS 252.227-7039(c), as applicable) for submission of a copy of the patent application, when filed, along with the patent application serial number, filing date, subsequent U.S. patent number and issue date, as received.

PRS-G001 WIDE AREA WORK FLOW (WAWF) INSTRUCTIONS - COST REIMBURSEMENT CONTRACTS (JUN 2009)

1. In accordance with DFARS 252.232-7003, Electronic Submission of Payment Requests (Mar 2008), all payment requests must be submitted electronically. It is recommended that Wide Area Work Flow (WAWF) be used to submit the required payment request(s) and receiving document(s) as WAWF is the only electronic method within which to generate and submit both documents. To access WAWF, go to https://wawf.eb.mil.

2. Receiving documents must be generated by creating and submitting a Receiving Report (DD Form 250) in WAWF for all deliverable items under this contract requiring a receiving report (as a minimum CLIN 0001 and 0002). Inspection and Acceptance locations are identified as "SHIP TO" and stated in Section F of the task order. Any inquiry as to the status of the receiving report(s) should be directed to the HEL-JTO Program Manager.

3. In accordance with DFARS 252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT, receiving documents generated in WAWF as a receiving report, "satisfy the requirement for any hardcopy DD250 document specified in this contract."

4. Use the following types of documents:

Cost Vouchers, either direct or non-direct, for CLIN(s) 0001 to the fulfill requirements of FAR Clause 52.232-1, Payments, and DFARS Clause 252.232-7003, Electronic Submission of Payment Requests contained in this contract.

Receiving Report to fulfill the requirement of E006, Receiving Report (DD Form 250) Mailing Address contained in this contract.

5. The "Issued by" DoDAAC and "Inspected by" DoDAAC for this contract is FA9451. Other DoDAAC codes for payment office and administration office are found on cover page of this contract and in Look-up Tables in WAWF.

6. ADDITIONAL E-MAIL NOTIFICATIONS:

a. Project Manager: TBD

b. Tech Division WAWF focal point: AFRL//VSSWAWFOrgMailbox@kirtland.af.mil

c. Contract Specialist: TBD

d. Others: COR: TBD

7. WAWF Training may be accessed online at <https://www.wawftraining.com>. If you need assistance with WAWF, contact the DCMA office located in Block 6 on page 1 of the contract. DCMA will be able to provide you assistance with WAWF training, registration, and implementation.

8. Payment information may be accessed using the DFAS website at http://www.dod.mil/dfas/. Your purchase order/contract number or invoice will be required to check status of your payment.

NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

OTHER CONTRACT CLAUSES IN FULL TEXT

H011 GUARANTEED FINAL REPORT (FEB 1997) (TAILORED)

If a task order is terminated prior to completion, the Contractor agrees to provide a final report in accordance with Exhibit A, Data Item A004 or A007, as set forth in individual task orders. During the life of the contract, the contractor shall continuously reserve sufficient funds from the amount allotted to guarantee the preparation and delivery of said final report.

H025 INCORPORATION OF SECTION K (OCT 1998)

Section K of the solicitation is hereby incorporated by reference.

H029 IMPLEMENTATION OF DISCLOSURE OF INFORMATION (OCT 1997)

In order to comply with DFARS 252.204-7000, Disclosure of Information, the following copies of the information to be released are required at least 45 days prior to the scheduled release date:

(a) __N/A___ copy(ies) to: Office of Public Affairs,

(b) One copy(ies) to: Contracting Officer, Det 8 AFRL/RDKL, 2251 Maxwell Ave SE, Kirtland AFB, NM 87117-5773

(c) Two copy(ies) to: Program Manager, HEL-JTO, 901 University Blvd SE, Suite 100, Albuquerque, NM 87106.

H033 PRINCIPAL INVESTIGATOR (MAR 2006) (TAILORED)

The Principal Investigator(s) for this effort shall be identified in individual task orders. No substitution shall be made without the prior written approval of the Air Force Procuring Contracting Officer (PCO).

H063 CONTRACTOR IDENTIFICATION (FEB 2003)

(a) Contractor personnel and their subcontractors must identify themselves as Contractors or subcontractors during meetings, telephone conversations, in electronic messages, or correspondence related to this contract.

(b) Contractor-occupied facilities (on AFMC or other Government installations) such as offices, separate rooms, or cubicles must be clearly identified with Contractor supplied signs, name plates or other identification, showing that these are work areas for Contractor or subcontractor personnel.

H094 CONTRACTING OFFICER AUTHORIZATION (AUG 2005)

The Contracting Officer shall be the only individual authorized to direct and/or redirect the effort or in any way amend any of the terms of this contract, other than those instances specifically delegated to an Administrative Contracting Officer or a Termination Contracting Officer by a contract clause of this contract or in writing by the Procuring Contracting Officer (PCO). For purposes of this contract "the Contracting Officer" is the individual located at the issuing office, and may be abbreviated as "CO" or "PCO". Any changes made by the contractor WITHOUT CO authority will be made at the contractor's own risk.

PRS-H001 ACKNOWLEDGEMENT OF SPONSORSHIP (JUN 2009)

(a) In accordance with DFARS 252.235-7010, Acknowledgement of Support and Disclaimer, the contractor agrees that in the release of information relating to this contract such release shall include a statement to the effect that the project or effort depicted was or is sponsored by the High Energy Laser Joint Technology Office (HEL-JTO), Albuquerque, NM.

(b) For the purpose of this clause, "information" includes but is not limited to material presented in news releases, articles, manuscripts, brochures, advertisements, still and motion pictures, speeches, presentations, meetings, conferences, symposia, etc.

(c) Nothing in the foregoing shall affect compliance with the requirements of the clause (if applicable) of this contract entitled "Security Requirements."

(d) The Contractor further agrees to include this clause in any subcontract awarded as a result of this contract.

PRS-H002 PROTECTION OF PROPRIETARY INFORMATION (JUN 2009)

(a) Contractor agrees that technical and cost/price data submitted to the Government, both with the proposal and after contract award, may be released to the Schafer Corporation, Chelmsford, MA, for review and analysis of products and services.

(b) The Schafer Corporation serves as an advisory and assistance support contractor to the High Energy Laser Joint Technology Office (HEL-JTO) and has agreed, in writing, to proper organizational conflict of interest clauses, AFMCFARS 5352.209-9002, "Organizational Conflict of Interest (AFMC)(Aug 2002) Alternate II (Aug 2002), Alternate III (Aug 2002), and Alternate VI (Aug 2002)(Tailored)", under Contract GS-23F-0176L, Delivery Order FA9451-05-F-0239.

(c) Schafer Corporation has also executed a non-disclosure agreement with HEL-JTO to protect third party proprietary information.

PRS-H003 ON-SITE LABORATORY USAGE (JUN 2009)

Facilities and equipment may be provided in the performance of the contract as set forth in individual task orders.

PRS-H004 ADEQUATE PRICE COMPETITION (JUN 2009)

Contract/Task Order 0001 are awarded based on adequate price competition. All future orders will be negotiated on a cost-plus-fixed-fee basis based upon the requirements of the contract.

Contract Clauses in this section are from the FAR, Defense FAR Sup, Air Force FAR Sup, and the Air Force Materiel Command FAR Sup, and are current through the following updates:

Database_Version: 6.10.8.2000; Issued: 4/22/2009; FAR: FAC 2005-32; DFAR: DCN20090115; DL.: DL 98-021; Class Deviations: CD 2009-O0001; AFFAR: 2002 Edition; AFMCFAR: AFMCAC 07-03; AFAC: AFAC 2009-0318; IPN: 98-009

I. NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.202-01

DEFINITIONS (JUL 2004)

52.203-03

GRATUITIES (APR 1984)

52.203-05

COVENANT AGAINST CONTINGENT FEES (APR 1984)

52.203-06

RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

52.203-07

ANTI-KICKBACK PROCEDURES (JUL 1995)

52.203-08 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

52.203-10

PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

52.203-12

LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

52.204-04

PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)

52.204-07

CENTRAL CONTRACTOR REGISTRATION (APR 2008)

52.204-09

PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP 2007)

52.209-06 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006)

52.215-02

AUDIT AND RECORDS -- NEGOTIATION (MAR 2009)

52.215-02

AUDIT AND RECORDS -- NEGOTIATION (MAR 2009) - ALTERNATE I (MAR 2009)

52.215-08

ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

52.215-11

PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA--MODIFICATIONS (OCT 1997)

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 BENEFITS (PRB) OTHER THAN PENSIONS (JUL 2005)

52.215-19

NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA--MODIFICATIONS (OCT 1997)

52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA--MODIFICATIONS (OCT 1997) - ALTERNATE IV (OCT 1997)

Alt IV, (b), Description of the information and the format that are required: '?????'

52.216-07

ALLOWABLE COST AND PAYMENT (DEC 2002)

52.216-08

FIXED FEE (MAR 1997)

52.216-18

ORDERING (OCT 1995)

Para (a), Issued from date is 'effective date of contract'

Para (a), Issued through date is '24 months'

52.216-19

ORDER LIMITATIONS (OCT 1995)

Para (a). Insert Dollar amount or quantity. '$1,000.00'

Para (b)(1). Insert dollar amount or quantity '$5,000,000.00'

Para (b)(2). Insert dollar amount or quantity. '$5,000,000.00'

Para (b)(3). Insert number of days. '2'

Para (d). Insert number of days. '5'

52.216-22

INDEFINITE QUANTITY (OCT 1995)

Para (d), Date is '48 months'

52.219-08

UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004)

52.219-09

SMALL BUSINESS SUBCONTRACTING PLAN (DEVIATION) (APR 2008)

Does not apply to small business concerns 52.219-09 SMALL BUSINESS SUBCONTRACTING PLAN (DEVIATION) (APR 2008) - ALTERNATE II (OCT 2001)

Does not apply to small business concerns 52.219-16

LIQUIDATED DAMAGES -- SUBCONTRACTING PLAN (JAN 1999)

52.219-28

POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

52.222-02

PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)

Para (a), Dollar amount is '$0.00'

52.222-03

CONVICT LABOR (JUN 2003)

52.222-21

PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

52.222-26

EQUAL OPPORTUNITY (MAR 2007)

52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006)

52.222-36

AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)

52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006)

52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004)

52.222-50

COMBATING TRAFFICKING IN PERSONS (FEB 2009)

52.223-05

POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (AUG 2003)

52.223-06

DRUG-FREE WORKPLACE (MAY 2001)

52.223-14

TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

52.225-13

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.227-01

AUTHORIZATION AND CONSENT (DEC 2007) - ALTERNATE I (APR 1984)

52.227-02

NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007)

52.227-11

PATENT RIGHTS -- OWNERSHIP BY THE CONTRACTOR (DEC 2007)

Para (j), Communications: 'AFNWC/JAN'

For use in contracts with Small Business 52.228-07

INSURANCE -- LIABILITY TO THIRD PERSONS (MAR 1996)

52.229-10

STATE OF NEW MEXICO GROSS RECEIPTS AND COMPENSATING TAX (APR 2003)

Para (c), Agency name 'United States Department of the Air Force'

Para (g), Agency name 'United States Department of the Air Force'

52.230-02

COST ACCOUNTING STANDARDS (OCT 2008)

52.230-06

ADMINISTRATION OF COST ACCOUNTING STANDARDS (MAR 2008)

52.232-09

LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984)

52.232-17

INTEREST (OCT 2008)

52.232-20

LIMITATION OF COST (APR 1984)

For fully funded task orders 52.232-22

LIMITATION OF FUNDS (APR 1984)

For incrementally funded task orders 52.232-23

ASSIGNMENT OF CLAIMS (JAN 1986)

52.232-25

PROMPT PAYMENT (OCT 2008)

52.232-33

PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR REGISTRATION (OCT 2003)

52.233-01

DISPUTES (JUL 2002)

52.233-03

PROTEST AFTER AWARD (AUG 1996) - ALTERNATE I (JUN 1985)

52.233-04

APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.237-11

ACCEPTING AND DISPENSING OF $1 COIN (SEP 2008)

52.242-01

NOTICE OF INTENT TO DISALLOW COSTS (APR 1984)

52.242-03

PENALTIES FOR UNALLOWABLE COSTS (MAY 2001)

52.242-04

CERTIFICATION OF FINAL INDIRECT COSTS (JAN 1997)

52.242-13

BANKRUPTCY (JUL 1995)

52.243-02

CHANGES -- COST-REIMBURSEMENT (AUG 1987)

52.243-02

CHANGES -- COST-REIMBURSEMENT (AUG 1987) - ALTERNATE V (APR 1984)

52.243-07

NOTIFICATION OF CHANGES (APR 1984)

Para (b), Number of calendar days is (insert 30 for RDSS/C) '30 days'

Para (d), Number of calendar days is (insert 30 for RDSS/C) '30 days'

52.244-02

SUBCONTRACTS (JUN 2007)

Para (d), approval required on subcontracts: '?????'

Para (j), Insert subcontracts evaluated during negotiations. '?????'

52.244-05

COMPETITION IN SUBCONTRACTING (DEC 1996)

52.244-06

SUBCONTRACTS FOR COMMERCIAL ITEMS (MAR 2009)

52.245-09

USE AND CHARGES (JUN 2007)

52.246-23

LIMITATION OF LIABILITY (FEB 1997)

52.247-01

COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006)

52.247-67

SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT (FEB 2006)

Para (c). Insert address. 'General Services Administration

Crystal Plaza 4, Room 300 (FBA)

2200 Crystal Drive

Arlington, VA 20406'

52.249-06

TERMINATION (COST-REIMBURSEMENT) (MAY 2004)

52.249-14

EXCUSABLE DELAYS (APR 1984)

52.253-01

COMPUTER GENERATED FORMS (JAN 1991)

B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

252.201-7000

CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

252.203-7000

REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (JAN 2009)

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-RELATED FELONIES (DEC 2008)

252.203-7002

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JAN 2009)

252.204-7000

DISCLOSURE OF INFORMATION (DEC 1991)

252.204-7003

CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

252.204-7004

ALTERNATE A, CENTRAL CONTRACTOR REGISTRATION (SEP 2007)

252.204-7008

REQUIREMENTS FOR CONTRACTS INVOLVING EXPORT-CONTROLLED ITEMS (JUL 2008)

252.204-7010 REQUIREMENT FOR CONTRACTOR TO NOTIFY DOD IF THE CONTRACTOR'S ACTIVITIES ARE SUBJECT TO REPORTING UNDER THE U.S.-INTERNATIONAL ATOMIC ENERGY AGENCY ADDITIONAL PROTOCOL (JAN 2009)

Para (a)(1). CO inserts PM name, address, email, phone, and fax number. '?????'

252.205-7000

PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A TERRORIST COUNTRY (DEC 2006)

252.211-7003

ITEM IDENTIFICATION AND VALUATION (AUG 2008)

Para (c)(1)(ii). Items with acquisition cost less than $5,000. 'as identified in individual task orders'

Para (c)(1)(iii). Attachment Nr. 'as identified in individual task orders'

252.215-7000

PRICING ADJUSTMENTS (DEC 1991)

252.215-7002

COST ESTIMATING SYSTEM REQUIREMENTS (DEC 2006)

252.215-7004

EXCESSIVE PASS-THROUGH CHARGES (MAY 2008)

252.219-7003

SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) (APR 2007)

252.225-7006 QUARTERLY REPORTING OF ACTUAL CONTRACT PERFORMANCE OUTSIDE THE UNITED STATES (MAY 2007)

252.225-7012

PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2008)

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004)

252.227-7013

RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS (NOV 1995)

252.227-7014 RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL COMPUTER SOFTWARE DOCUMENTATION (JUN 1995)

252.227-7016

RIGHTS IN BID OR PROPOSAL INFORMATION (JUN 1995)

252.227-7019

VALIDATION OF ASSERTED RESTRICTIONS--COMPUTER SOFTWARE (JUN 1995)

252.227-7030

TECHNICAL DATA--WITHHOLDING OF PAYMENT (MAR 2000)

252.227-7037

VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (SEP 1999)

252.227-7038

PATENT RIGHTS--OWNERSHIP BY THE CONTRACTOR (LARGE BUSINESS) (DEC 2007)

For use in contracts with Large Business 252.227-7038 PATENT RIGHTS--OWNERSHIP BY THE CONTRACTOR (LARGE BUSINESS) (DEC 2007) - ALTERNATE I (DEC 2007)

Alt I, para (b)(2)(v), Existing treaties or international agreements. '?????'

252.227-7038 PATENT RIGHTS--OWNERSHIP BY THE CONTRACTOR (LARGE BUSINESS) (DEC 2007) - ALTERNATE II (DEC 2007)

252.227-7039

PATENTS--REPORTING OF SUBJECT INVENTIONS (APR 1990)

252.231-7000

SUPPLEMENTAL COST PRINCIPLES (DEC 1991)

252.232-7003

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008)

252.232-7010

LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.235-7010

ACKNOWLEDGMENT OF SUPPORT AND DISCLAIMER (MAY 1995)

Para (a), name of contracting agency(ies): 'United States Air Force'

Para (a), contract number(s): 'FA9451-09-D-JTO1'

Para (b), name of contracting agency(ies): 'United States Air Force'

252.235-7011

FINAL SCIENTIFIC OR TECHNICAL REPORT (NOV 2004)

252.242-7004

MATERIAL MANAGEMENT AND ACCOUNTING SYSTEM (NOV 2005)

252.243-7002

REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DOD CONTRACTS) (JAN 2009)

252.247-7023

TRANSPORTATION OF SUPPLIES BY SEA (MAY 2002)

252.247-7024

NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000)

C. AIR FORCE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

5352.201-9101

OMBUDSMAN (AUG 2005)

Para (c). Ombudsmen names, addresses, phone numbers, fax, and email addresses. 'Ms. Sue Hunter, AFRL/PK, 1864 45th Street, Ste 1, Wright Patterson AFB, OH 45433-7171, 937-255-0432, fax 937-255-5036, e-mail sue.hunter@spafb.af.mil'

5352.223-9000

ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) (APR 2003)

Para (c), List of Class I ODSs. 'as set forth in individual task orders'

D. AIR FORCE MATERIEL COMMAND FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

5352.219-9000

INCORPORATION OF SUBCONTRACTING PLAN (AFMC) (OCT 2008)

Subcontracting plan contained in '?????'

Date is '?????'

5352.228-9001

INSURANCE CLAUSE IMPLEMENTATION (AFMC) (OCT 2008)

5352.245-9004

BASE SUPPORT (AFMC) (JUL 1997) - ALTERNATE II (JUL 1997)

Para (e), List Installations 'TBD'

Para (f), list support items 'TBD'

II. NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES IN FULL TEXT

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)

This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).

52.226-06 PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS (MAR 2009)

(a) Definitions. As used in this clauses-

"Apparently wholesome food" means food that meets all quality and labeling standards imposed by Federal, State, and local laws and regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions.

"Excess food" means food that-

(1) Is not required to meet the needs of the executive agencies; and

(2) Would otherwise be discarded.

"Food-insecure" means inconsistent access to sufficient, safe, and nutritious food.

"Nonprofit organization" means any organization that is-

(1) Described in section 501(c) of the Internal Revenue Code of 1986; and

(2) Exempt from tax under section 501(a) of that Code.

(b) In accordance with the Federal Food Donation Act of 2008 (Pub. L. 110-247), the Contractor is encouraged, to the maximum extent practicable and safe, to donate excess, apparently wholesome food to nonprofit organizations that provide assistance to food-insecure people in the United States.

(c) Costs.

(1) The Contractor, including any subcontractors, shall assume the responsibility for all the costs and the logistical support to collect, transport, maintain the safety of, or distribute the excess, apparently wholesome food to the nonprofit organization(s) that provides assistance to food-insecure people.

(2) The Contractor will not be reimbursed for any costs incurred or associated with the donation of excess foods. Any costs incurred for excess food donations are unallowable.

(d) Liability. The Government and the Contractor, including any subcontractors, shall be exempt from civil and criminal liability to the extent provided under the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791). Nothing in this clause shall be construed to supersede State or local health regulations (subsection (f) of 42 U.S.C. 1791).

(e) Flowdown. The Contractor shall insert this clause in all contracts, task orders, delivery orders, purchase orders, and other similar instruments greater than $25,000 with its subcontractors or suppliers, at any tier, who will perform, under this contract, the provision, service, or sale of food in the United States.

52.245-01 GOVERNMENT PROPERTY (DEVIATION) (JUN 2007)

(a) Definitions. As used in this clause—

“Acquisition cost” means the cost to acquire a tangible capital asset including the purchase price of the asset and costs necessary to prepare the asset for use. Costs necessary to prepare the asset for use include the cost of placing the asset in location and bringing the asset to a condition necessary for normal or expected use.

“Cannibalize” means to remove serviceable parts from one item of equipment in order to install them on another item of equipment.

“Contractor-acquired property” means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract, and to which the Government has title.

“Contractor inventory” means—

(1) Any property acquired by and in the possession of a Contractor or subcontractor under a contract for which title is vested in the Government and which exceeds the amounts needed to complete full performance under the entire contract;

(2) Any property that the Government is obligated or has the option to take over under any type of contract, e.g., as a result either of any changes in the specifications or plans thereunder or of the termination of the contract (or subcontract thereunder), before completion of the work, for the convenience or at the option of the Government; and

(3) Government-furnished property that exceeds the amounts needed to complete full performance under the entire contract.

“Contractor's managerial personnel” means the Contractor's directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of—

(1) All or substantially all of the Contractor's business;

(2) All or substantially all of the Contractor's operation at any one plant or separate location; or

(3) A separate and complete major industrial operation.

“Demilitarization” means rendering a product unusable for, and not restorable to, the purpose for which it was designed or is customarily used.

“Discrepancies incident to shipment” means any differences (e.g., count or condition) between the items documented to have been shipped and items actually received.

“Equipment” means a tangible asset that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use.

“Government-furnished property” means property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract.

“Government property” means all property owned or leased by the Government. Government property includes both Government-furnished and Contractor-acquired property.

“Material” means property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end-item. Material does not include equipment, special tooling and special test equipment.

“Nonseverable” means property that cannot be removed after construction or installation without substantial loss of value or damage to the installed property or to the premises where installed.

“Precious metals” means silver, gold, platinum, palladium, iridium, osmium, rhodium, and ruthenium.

“Property” means all tangible property, both real and personal.

“Property Administrator” means an authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor.

“Provide” means to furnish, as in Government-furnished property, or to acquire, as in contractor-acquired property.

“Real property” means land and rights in land, ground improvements, utility distribution systems, and buildings and other structures. It does not include foundations and other work necessary for installing personal property.

“Sensitive property” means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability. Examples include weapons, ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious metals.

“Surplus property” means excess personal property not required by any Federal agency as determined by the Administrator of the General Services Administration (GSA).

(b) Property management.

(1) The Contractor shall have a system to manage (control, use, preserve, protect, repair and maintain) Government property in its possession. The system shall be adequate to satisfy the requirements of this clause. In doing so, the Contractor shall initiate and maintain the processes, systems, procedures, records, and methodologies necessary for effective control of Government property, consistent with voluntary consensus standards and/or industry-leading practices and standards for Government property management except where inconsistent with law or regulation. During the period of performance, the Contractor shall disclose any significant changes to their property management system to the Property Administrator prior to implementation.

(2) The Contractor's responsibility extends from the initial acquisition and receipt of property, through stewardship, custody, and use until formally relieved of responsibility by authorized means, including delivery, consumption, expending, disposition, or via a completed investigation, evaluation, and final determination for lost, damaged, destroyed, or stolen property. This requirement applies to all Government property under the Contractor's accountability, stewardship, possession or control, including its vendors or subcontractors (see paragraph (f)(1)(v) of this clause).

(3) The Contractor shall include the requirements of this clause in all subcontracts under which Government property is acquired or furnished for subcontract performance.

(c) Use of Government property. The Contractor shall use Government property, either furnished or acquired under this contract, only for performing this contract, unless otherwise provided for in this contract or approved by the Contracting Officer. The Contractor shall not modify, cannibalize, or make alterations to Government property unless this contract specifically identifies the modifications, alterations or improvements as work to be performed.

(d) Government-furnished property.

(1) The Government shall deliver to the Contractor the Government-furnished property described in this contract. The Government shall furnish related data and information needed for the intended use of the property. The warranties of suitability of use and timely delivery of Government-furnished property do not apply to property acquired or fabricated by the Contractor as contractor-acquired property and subsequently transferred to another contract with this Contractor.

(2) The delivery and/or performance dates specified in this contract are based upon the expectation that the Government-furnished property will be suitable for contract performance and will be delivered to the Contractor by the dates stated in the contract.

(i) If the property is not delivered to the Contractor by the dates stated in the contract, the Contracting Officer shall, upon the Contractor's timely written request, consider an equitable adjustment to the contract.

(ii) In the event property is received by the Contractor, or for Government-furnished property after receipt and installation, in a condition not suitable for its intended use, the Contracting Officer shall, upon the Contractor's timely written request, advise the Contractor on a course of action to remedy the problem. Such action may include repairing, replacing, modifying, returning, or otherwise disposing of the property at the Government's expense. Upon completion of the required action(s), the Contracting Officer shall consider an equitable adjustment to the contract (see also paragraph (f)(1)(ii)(A) of this clause).

(iii) The Government may, at its option, furnish property in an “as-is” condition. The Contractor will be given the opportunity to inspect such property prior to the property being provided. In such cases, the Government makes no warranty with respect to the serviceability and/or suitability of the property for contract performance. Any repairs, replacement, and/or refurbishment shall be at the Contractor's expense.

(3)(i) The Contracting Officer may by written notice, at any time—

(A) Increase or decrease the amount of Government-furnished property under this contract;

(B) Substitute other Government-furnished property for the property previously furnished, to be furnished, or to be acquired by the Contractor for the Government under this contract; or

(C) Withdraw authority to use property.

(ii) Upon completion of any action(s) under paragraph (d)(3)(i) of this clause, and the Contractor's timely written request, the Contracting Officer shall consider an equitable adjustment to the contract.

(e) Title to Government property.

(1) The Government shall retain title to all Government-furnished property. Title to Government property shall not be affected by its incorporation into or attachment to any property not owned by the Government, nor shall Government property become a fixture or lose its identity as personal property by being attached to any real property.

(2) Fixed-price contracts.

(i) All Government-furnished property and all property acquired by the Contractor, title to which vests in the Government under this paragraph (collectively referred to as “Government property”), are subject to the provisions of this clause.

(ii) Title to each item of equipment, special test equipment and special tooling acquired by the Contractor for the Government under this contract shall pass to and vest in the Government when its use in performing this contract commences or when the Government has paid for it, whichever is earlier, whether or not title previously vested in the Government.

(iii) If this contract contains a provision directing the Contractor to purchase material for which the Government will reimburse the Contractor as a direct item of cost under this contract—

(A) Title to material purchased from a vendor shall pass to and vest in the Government upon the vendor's delivery of such material; and

(B) Title to all other material shall pass to and vest in the Government upon—

(1) Issuance of the material for use in contract performance;

(2) Commencement of processing of the material or its use in contract performance; or

(3) Reimbursement of the cost of the material by the Government, whichever occurs first.

(3) Title under Cost-Reimbursement or Time-and-Material Contracts or Cost-Reimbursable contract line items under Fixed-Price contracts.

(i) Title to all property purchased by the Contractor for which the Contractor is entitled to be reimbursed as a direct item of cost under this contract shall pass to and vest in the Government upon the vendor's delivery of such property.

(ii) Title to all other property, the cost of which is reimbursable to the Contractor, shall pass to and vest in the Government upon—

(A) Issuance of the property for use in contract performance;

(B) Commencement of processing of the property for use in contract performance; or

(C) Reimbursement of the cost of the property by the Government, whichever occurs first.

(iii) All Government-furnished property and all property acquired by the Contractor, title to which vests in the Government under this paragraph (e)(3)(iii) (collectively referred to as ``Government property)'', are subject to the provisions of this clause.

(f) Contractor plans and systems.

(1) Contractors shall establish and implement property management plans, systems, and procedures at the contract, program, site or entity level to enable the following outcomes:

(i) Acquisition of Property. The Contractor shall document that all property was acquired consistent with its engineering, production planning, and material control operations.

(ii) Receipt of Government Property. The Contractor shall receive Government property (document the receipt), record the information necessary to meet the record requirements of paragraph (f)(1)(iii)(A)(1) through (5) of this clause, identify as Government owned in a manner appropriate to the type of property (e.g., stamp, tag, mark, or other identification), and manage any discrepancies incident to shipment.

(A) Government-furnished property. The Contractor shall furnish a written statement to the Property Administrator containing all relevant facts, such as cause or condition and a recommended course(s) of action, if overages, shortages, or damages and/or other discrepancies are discovered upon receipt of Government-furnished property.

(B) Contractor-acquired property. The Contractor shall take all actions necessary to adjust for overages, shortages, damage and/or other discrepancies discovered upon receipt, in shipment of Contractor-acquired property from a vendor or supplier, so as to ensure the proper allocability and allowability of associated costs.

(iii) Records of Government property. The Contractor shall create and maintain records of all Government property accountable to the contract, including Government-furnished and Contractor-acquired property.

(A) Property records shall enable a complete, current, auditable record of all transactions and shall, unless otherwise approved by the Property Administrator, contain the following:

(1) The name, part number and description, manufacturer, model number, and National Stock Number (if needed for additional item identification tracking and/or disposition).

(2) Quantity received (or fabricated), issued, and balance-on-hand.

(3) Unit acquisition cost.

(4) Unique-item identifier or equivalent (if available and necessary for individual item tracking).

(5) Unit of measure.

(6) Accountable contract number or equivalent code designation.

(7) Location.

(8) Disposition.

(9) Posting reference and date of transaction.

(10) Date placed in service.

(B) Use of a Receipt and Issue System for Government Material. When approved by the Property Administrator, the Contractor may maintain, in lieu of formal property records, a file of appropriately cross-referenced documents evidencing receipt, issue, and use of material that is issued for immediate consumption.

(iv) Physical inventory. The Contractor shall periodically perform, record, and disclose physical inventory results. A final physical inventory shall be performed upon contract completion or termination. The Property Administrator may waive this final inventory requirement, depending on the circumstances (e.g., overall reliability of the Contractor's system or the property is to be transferred to a follow-on contract).

(v) Subcontractor control.

(A) The Contractor shall award subcontracts that clearly identify…