DRAFT W90BRJ22R0006 Solicitation.pdf

CODE

(Hour)

PAGE(S)

until local time

X

A X B X C

D

EX

G F 65 - 71

72 - 80 X H 81 - 86

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - 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)

1 86

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W90BRJ 8. ADDRESS OFFER TO

See Item 7

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

CAUTION - LATE 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

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 40

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

41 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 43 - 45 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 46 - 47 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance 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 AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

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:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

48 - 63

PART II - CONTRACT CLAUSES

USA CONTRACTING COMMAND

ACC-RI CONTRACTING COMMAND

3055 RODMAN AVENUE

ROCK ISLAND IL 61299

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W90BRJ22R0006

Section A - Solicitation/Contract Form

SECTION A NARRATIVE

1. Army Contracting Command – Rock Island is issuing this Draft Solicitation on behalf of the Office of Program Management – Saudi Arabian National Guard (OPM-SANG) for Airfield Operations, Airfield Direct support services, and associated On-the Job Training throughout all the functional areas, in accordance with the Performance Work Statement (PWS) at Attachment 01. The U.S. Government anticipates issuing a formal solicitation on/around 05 September 2022. An industry day and site visit to support this draft solicitation is scheduled for 01 August 2022, details can be found at https://sam.gov/opp/7aed36d3f3b2446aa1a5db6849cda738/view. Feedback from industry regarding this draft solicitation is welcome, please send all feedback to the POCs identified in paragraph 7 below.

2. The place of performance is the Kingdom of Saudi Arabia, as specified within the PWS. The requirement will utilize Foreign Military Sales (FMS) funding. Funds are not presently available for this acquisition. No contract award will be made until funds are made available.

3. The award will consist of a Base Period and four Option Periods, as follows:

Base Period: Date of Award – 365 days after award Option Period 1: 366 days after award – 730 days after award Option Period 2: 731 days after award – 1095 days after award Option Period 3: 1096 days after award – 1460 days after award Option Period 4: 1461 days after award – 1825 days after award

The award will include FAR Clause 52.217-8 - Option to Extend Services, which will allow the United States Government, at its sole discretion, to extend the period of performance by a maximum of an additional 6 months.

4. As outlined in Sections L and M of this solicitation, a best value subjective tradeoff approach will be used to evaluate proposals submitted. The U.S. Government reserves the right to make award to other than the lowest priced Offeror for non-price factors. The U.S. Government anticipates receiving adequate price competition under this solicitation; therefore, certified cost or pricing data is not required to be submitted with proposals. However, in the event the Procuring Contracting Officer determines that adequate competition does not exist, the U.S. Government reserves the right to require that certified cost or pricing data be submitted.

5. Offerors shall propose pricing using the Price Matrix (Section J, Attachment 0001) as outlined in Section L of this solicitation. Prices entered anywhere other than this Price Matrix will not be considered.

6. Offerors must have an active registration in the System for Award Management (SAM) in order to be considered for award. Offerors are required to be registered in SAM at the time of proposal submission. The website for SAM registration is http://www.SAM.gov.

7. This solicitation should not be discussed with any U.S. Government employee except the PCO, Mr. Derek Schnorrenberg, or his representative, Ms. Lorraine Geren. Their contact information is listed below. Failure to adhere to this restriction may be grounds to declare your firm ineligible for consideration of award resulting from this Request for Proposal.

Mr. Schnorrenberg can be contacted at derek.m.schnorrenberg.civ@army.mil

Ms. Geren can be contacted by email at lorraine.geren.civ@army.mil

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 4 Months Transition-In

FFP

Transition-In in accordance with (IAW) Performance Work Statement (PWS) Paragraph 3.1 FOB: Destination

PSC CD: Z1BD

NET AMT

0002 12 Months Program Management

FFP

Program Management IAW PWS paragraph 2.3.1.1.1

0003 12 Months Airfield Operations Support

FFP

Airfield Operations Support IAW PWS paragraph 2.2.1

0004 12 Months Air Traffic Control Equip & NAVAIDS Main

FFP

Air Traffic Control Equipment & NAVAIDS Maintenance IAW PWS paragraph 2.2.4.2

On-the-Job Training

FFP

On-the-Job Training IAW PWS paragraphs 2.2.1.3

0006 12 Months Crash, Fire & Rescue Services

FFP

Crash, Fire & Rescue Services IAW PWS paragraph 2.2.4.3

0007 12 Months Security and Support Services

FFP

Security and Support Services IAW PWS paragraph 2.2.4.4

0008 12 Months Aviation Safety Program

FFP

Aviation Safety Program IAW PWS paragraph 2.2.4.3.5

0009 12 Months Air Traffic Control

FFP

Air Traffic Control provided IAW PWS paragraphs 2.2.4.2 and 2.2.4.8

0010 12 Months Airfield Flight/Heliport Flight Opns

FFP

Airfield Flight/Heliport Flight Operations IAW PWS paragraph 2.2.4.10

0011 12 Months Aviation Fueling and Defueling Opns

FFP

Aviation Fueling and Defueling Operations IAW PWS paragraph 2.2.4.11

0012 12 Months Vehicie/Ground Spt Equip Maint Spt

FFP

Vehicle/Ground Support, Equipment Maintenance Support IAW PWS paragraph 2.2.4.3.8

0013 12 Months Airfield/ Heliport Spt Svcs; HAZMAT Prog

FFP

Airfield/ Heliport Support Services and HAZMAT Program IAW PWS paragraphs

2.2.4.12 and 2.2.4.6

Contractor Acquired Property

FFP

Contractor Acquired Property IAW PWS paragraph 2.2.4.13

0015 200,000 Labor

Hours

Surge-Exigent Operations

FFP

Surge-Exigent Operations. Shall be approved by the Contracting Officer

0016 Each Other Direct Costs

COST

Other Direct Costs. These costs shall be pre-approved by the Contracting Officer's Representative (COR)

ESTIMATED COST

CDRLs

FFP

Contract Data Requirements Lists (CDRLs) IAW PWS paragarph 2.5.2.1

1002 12 Months OPTION Program Management

FFP

Option Period 1: Program Management IAW PWS paragraph 2.3.1.1.1

1003 12 Months OPTION Airfield Operations Support

FFP

Option Period 1:

Airfield Operations Support IAW PWS paragraph 2.2.1

1004 12 Months OPTION Air Traffic Control Equip & NAVAIDS Main

FFP

Option Period 1:

Air Traffic Control Equipment & NAVAIDS Maintenance IAW PWS paragraph 2.2.4.2

OPTION On-the-Job Training

FFP

Option Period 1:

On-the-Job Training IAW PWS paragraphs 2.2.1.3

1006 12 Months OPTION Crash, Fire & Rescue Services

FFP

Option Period 1:

Crash, Fire & Rescue Services IAW PWS paragraph 2.2.4.3

1007 12 Months OPTION Security and Support Services

FFP

Option Period 1:

Security and Support Services IAW PWS paragraph 2.2.4.4

1008 12 Months OPTION Aviation Safety Program

FFP

Option Period 1:

Aviation Safety Program IAW PWS paragraph 2.2.4.3.5

1009 12 Months OPTION Air Traffic Control

FFP

Option Period 1:

Air Traffic Control provided IAW PWS paragraphs 2.2.4.2 and 2.2.4.8

1010 12 Months OPTION Airfield Flight/Heliport Flight Opns

FFP

Option Period 1:

Airfield Flight/Heliport Flight Operations IAW PWS paragraph 2.2.4.10

1011 12 Months OPTION Aviation Fueling and Defueling

FFP

Option Period 1:

Aviation Fueling and Defueling Operations IAW PWS paragraph 2.2.4.11

1012 12 Months OPTION Vehicie/Ground Spt Equip Maint Spt

FFP

Option Period 1:

Vehicle/Ground Support, Equipment Maintenance Support IAW PWS paragraph 2.2.4.3.8

1013 12 Months OPTION Airfield/ Heliport Spt Svcs; HAZMAT Prog

FFP

Option Period 1:

Airfield/ Heliport Support Services and HAZMAT Program IAW PWS paragraphs

2.2.4.12 and 2.2.4.6

OPTION Contractor Acquired Property

FFP

Option Period 1:

Contractor Acquired Property IAW PWS paragraph 2.2.4.13

OPTION Surge-Exigent Operations

FFP

Option Period 1:

Surge-Exigent Operations. Shall be approved by the Contracting Officer

OPTION Other Direct Costs

FFP

Option Period 1:

Other Direct Costs.. These costs shall be pre-approved by the Contracting Officer's Representative (COR)

OPTION CDRLs

FFP

Contract Data Requirements Lists (CDRLs) IAW PWS paragarph 2.5.2.1

2002 12 Months OPTION Program Management

FFP

OPTION PERIOD 2:

Program Management IAW PWS paragraph 2.3.1.1.1

2003 12 Months OPTION Airfield Operations Support

FFP

OPTION PERIOD 2:

Airfield Operations Support IAW PWS paragraph 2.2.1

2004 12 Months OPTION Air Traffic Control Equip & NAVAIDS Main

FFP

OPTION PERIOD 2:

Air Traffic Control Equipment & NAVAIDS Maintenance IAW PWS paragraph 2.2.4.2

OPTION On-the-Job Training

FFP

OPTION PERIOD 2:

On-the-Job Training IAW PWS paragraphs 2.2.1.3

2006 12 Months OPTION Crash, Fire & Rescue Services

FFP

OPTION PERIOD 2:

Crash, Fire & Rescue Services IAW PWS paragraph 2.2.4.3

2007 12 Months OPTION Security and Support Services

FFP

OPTION PERIOD 2:

Security and Support Services IAW PWS paragraph 2.2.4.4

2008 12 Months OPTION Aviation Safety Program

FFP

OPTION PERIOD 2:

Aviation Safety Program IAW PWS paragraph 2.2.4.3.5

2009 12 Months OPTION Air Traffic Control

FFP

OPTION PERIOD 2:

Air Traffic Control provided IAW PWS paragraphs 2.2.4.2 and 2.2.4.8

2010 12 Months OPTION Airfield Flight/Heliport Flight Opns

FFP

OPTION PERIOD 2:

Airfield Flight/Heliport Flight Operations IAW PWS paragraph 2.2.4.10

2011 12 Months OPTION Aviation Fueling and Defueling

FFP

OPTION PERIOD 2:

Aviation Fueling and Defueling Operations IAW PWS paragraph 2.2.4.11

2012 12 Months OPTION Vehicie/Ground Spt Equip Maint Spt

FFP

OPTION PERIOD 2:

Vehicle/Ground Support, Equipment Maintenance Support IAW PWS paragraph 2.2.4.3.8

2013 12 Months OPTION Airfield/ Heliport Spt Svcs; HAZMAT Prog

FFP

OPTION PERIOD 2:

Airfield/ Heliport Support Services and HAZMAT Program IAW PWS paragraphs

2.2.4.12 and 2.2.4.6

OPTION Contractor Acquired Property

FFP

OPTION PERIOD 2:

Contractor Acquired Property IAW PWS paragraph 2.2.4.13

2015 200,000 Labor

OPTION Surge-Exigent Operations

OPTION PERIOD 2:

Surge-Exigent Operations. Shall be approved by the Contracting Officer

2016 Each OPTION Other Direct Costs

COST

OPTION PERIOD 2:

Other Direct Costs. These costs shall be pre-approved by the Contracting Officer's Representative (COR)

OPTION CDRLs

FFP

Contract Data Requirements Lists (CDRLs) IAW PWS paragarph 2.5.2.1

3002 12 Months OPTION Program Management

FFP

OPTION PERIOD 3:

Program Management IAW PWS paragraph 2.3.1.1.1

3003 12 Months OPTION Airfield Operations Support

FFP

OPTION PERIOD 3:

Airfield Operations Support IAW PWS paragraph 2.2.1

3004 12 Months OPTION Air Traffic Control Equip & NAVAIDS Main

FFP

OPTION PERIOD 3:

Air Traffic Control Equipment & NAVAIDS Maintenance IAW PWS paragraph 2.2.4.2

OPTION On-the-Job Training

FFP

OPTION PERIOD 3:

On-the-Job Training IAW PWS paragraph 2.2.1.3

3006 12 Months OPTION Crash, Fire & Rescue Services

FFP

OPTION PERIOD 3:

Crash, Fire & Rescue Services IAW PWS paragraph 2.2.4.3

3007 12 Months OPTION Security and Support Services

FFP

OPTION PERIOD 3:

Security and Support Services IAW PWS paragraph 2.2.4.4

3008 12 Months OPTION Aviation Safety Program

FFP

OPTION PERIOD 3:

Aviation Safety Program IAW PWS paragraph 2.2.4.3.5

3009 12 Months OPTION Air Traffic Control

FFP

OPTION PERIOD 3:

Air Traffic Control provided IAW PWS paragraphs 2.2.4.2 and 2.2.4.8

3010 12 Months OPTION Airfield Flight/Heliport Flight Opns

FFP

OPTION PERIOD 3:

Airfield Flight/Heliport Flight Operations IAW PWS paragraph 2.2.4.10

3011 12 Months OPTION Aviation Fueling and Defueling

FFP

OPTION PERIOD 3:

Aviation Fueling and Defueling Operations IAW PWS paragraph 2.2.4.11

3012 12 Months OPTION Vehicie/Ground Spt Equip Maint Spt

FFP

OPTION PERIOD 3:

Vehicle/Ground Support, Equipment Maintenance Support IAW PWS paragraph 2.2.4.3.8

3013 12 Months OPTION Airfield/ Heliport Spt Svcs; HAZMAT Prog

FFP

OPTION PERIOD 3:

Airfield/ Heliport Support Services and HAZMAT Program IAW PWS paragraphs

2.2.4.12 and 2.2.4.6

OPTION Contractor Acquired Property

FFP

OPTION PERIOD 3:

Contractor Acquired Property IAW PWS paragraph 2.2.4.13

3015 200,000 Labor

OPTION PERIOD 3:

Surge-Exigent Operations. Shall be approved by the Contracting Officer

3016 Each OPTION Other Direct Costs

COST

OPTION PERIOD 3:

Other Direct Costs. These costs shall be pre-approved by the Contracting Officer's Representative (COR)

OPTION CDRLs

FFP

Contract Data Requirements Lists (CDRLs) IAW PWS paragarph 2.5.2.1

4002 12 Months OPTION Program Management

FFP

OPTION PERIOD 4:

Program Management IAW PWS paragraph 2.3.1.1.1

4003 12 Months OPTION Airfield Operations Support

FFP

OPTION PERIOD 4:

Airfield Operations Support IAW PWS paragraph 2.2.1

4004 12 Months OPTION Air Traffic Control Equip & NAVAIDS Main

FFP

OPTION PERIOD 4:

Air Traffic Control Equipment & NAVAIDS Maintenance IAW PWS paragraph 2.2.4.2

OPTION On-the-Job Training

FFP

OPTION PERIOD 4:

On-the-Job Training IAW PWS paragraph 2.2.1.3

4006 12 Months OPTION Crash, Fire & Rescue Services

FFP

OPTION PERIOD 4:

Crash, Fire & Rescue Services IAW PWS paragraph 2.2.4.3

4007 12 Months OPTION Security and Support Services

FFP

OPTION PERIOD 4:

Security and Support Services IAW PWS paragraph 2.2.4.4

4008 12 Months OPTION Aviation Safety Program

FFP

OPTION PERIOD 4:

Aviation Safety Program IAW PWS paragraph 2.2.4.3.5

4009 12 Months OPTION Air Traffic Control

FFP

OPTION PERIOD 4:

Air Traffic Control provided IAW PWS paragraphs 2.2.4.2 and 2.2.4.8

4010 12 Months OPTION Airfield Flight/Heliport Flight Opns

FFP

OPTION PERIOD 4:

Airfield Flight/Heliport Flight Operations IAW PWS paragraph 2.2.4.10

4011 12 Months OPTION Aviation Fueling and Defueling

FFP

OPTION PERIOD 4:

Aviation Fueling and Defueling Operations IAW PWS paragraph 2.2.4.11

4012 12 Months OPTION Vehicie/Ground Spt Equip Maint Spt

FFP

OPTION PERIOD 4:

Vehicle/Ground Support, Equipment Maintenance Support IAW PWS paragraph 2.2.4.3.8

4013 12 Months OPTION Airfield/ Heliport Spt Svcs; HAZMAT Prog

FFP

OPTION PERIOD 4:

Airfield/ Heliport Support Services and HAZMAT Program IAW PWS paragraphs

2.2.4.12 and 2.2.4.6

OPTION Contractor Acquired Property

FFP

OPTION PERIOD 4:

Contractor Acquired Property IAW PWS paragraph 2.2.4.13

4015 200,000 Labor

OPTION PERIOD 4:

Surge-Exigent Operations. Shall be approved by the Contracting Officer

4016 Each OPTION Other Direct Costs

COST

OPTION PERIOD 4:

Other Direct Costs. These costs shall be pre-approved by the Contracting Officer's Representative (COR)

OPTION CDRLs

FFP

Contract Data Requirements Lists (CDRLs) IAW PWS paragarph 2.5.2.1

Section C - Descriptions and Specifications

SECTION C NARRATIVE

C.1. PERFORMANCE WORK STATEMENT INCORPORATION

Attachment 0001 (the “PWS”) is incorporated here by reference with the same force and effect as if set forth in full text.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996

CLAUSES INCORPORATED BY FULL TEXT

52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)

(a) The Contractor shall comply with the higher-level quality standard(s) listed below.

TITLE NUMBER DATE TAILORING

Quality Management Systems‐ Requirements for Aviation AS‐9110C 1 NOV 2016 None Maintenance Organizations

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph

(a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in--

(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or

(2) When the technical requirements of a subcontract require--

(i) Control of such things as design, work operations, in-process control, testing, and inspection; or

(ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.

(End of clause)

Section G - Contract Administration Data

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

2‐in‐1 Invoice

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0698

Issue By DoDAAC W90BRJ

Admin DoDAAC** W90BRJ

Inspect By DoDAAC W90BRJ

Ship To Code ______

Ship From Code ______

Mark For Code ______

Service Approver (DoDAAC) W90BRJ

Service Acceptor (DoDAAC) W90BRJ

Accept at Other DoDAAC ______

LPO DoDAAC ______

DCAA Auditor DoDAAC ______

Other DoDAAC(s) ______

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

Section H - Special Contract Requirements

SECTION H NARRATIVE

H.1 CONTRACTOR EMPLOYEES

(a) In all situations where contractor personnel status is not obvious, all contractor personnel are required to identify themselves to avoid creating an impression to the public, agency officials, or Congress that such contractor personnel are Government officials. This can occur during meeting attendance, through written (letter or email) correspondence or verbal discussions (in person or telephonic), when making presentations, or in other situations where their contractor status is not obvious to third parties. This list is not exhaustive. Therefore, the contractor employee(s) shall:

(1) Not by word or deed give the impression or appearance of being a Government employee;

(2) Wear appropriate badges visible above the waist that identify them as contractor employees when in Government spaces, at a Government-sponsored event, or an event outside normal work spaces in support of the contract/order;

(3) Clearly identify themselves as contractor employees in telephone conversations and in all formal and informal written and electronic correspondence. Identification shall include the name of the company for whom they work;

(4) Identify themselves by name, their company name, if they are a subcontractor the name of the prime contractor their company is supporting, as well as the Government office they are supporting when participating in meetings, conferences, and other interactions in which all parties are not in daily contact with the individual contractor employee; and

(5) Be able to provide, when asked, the full number of the contract/order under which they are performing, and the name of the Contracting Officer’s Representative.

(b) If wearing a badge is a risk to safety and/or security, then an alternative means of identification maybe utilized if endorsed by the Contracting Officer’s Representative and approved by the Contracting Officer.

(c) The Contracting Officer will make final determination of compliance with regulations with regard to proper identification of contractor employees.

H.2 LIMITATIONS ON REIMBURSEMENT FOR RESIDENTIAL COSTS OF CONTRACTOR PERSONNEL

(a) Reimbursement of residential costs for United States Citizens and Third Country National contractor personnel shall not exceed an annual maximum cost of $18,700.00 per contractor employee (to include accompanied employees with dependents). There shall be no reimbursement of residential costs for local Saudi Arabian nationals

(b) This limitation does not preclude contractor personnel from exceeding this annual maximum, however, the Government’s limitation of liability for reimbursement under the resultant contract shall not exceed an annual maximum of $18,700.00 per contractor employee (to include accompanied employees with dependents). Any residential costs incurred by contractor personnel above this maximum shall be the responsibility of the contractor’s employee.

(c) This annual maximum is based on the Department of State Living Quarters Allowance (LQA) rates for Saudi Arabia. In the event the Department of State LQA rates for Saudi Arabia change, there shall be no deviation from this authorized annual maximum cost of $18,700.00 per contractor employee unless it is addressed/proposed in writing to the Contracting Officer and incorporated into the resultant contract via a contract modification.

H.3 LIMITATIONS ON REIMBURSEMENT FOR CONTRACTOR OFFICE SPACE

(a) Reimbursement of costs for contractor office space shall not exceed the standard of Class B office space.

Additionally, reimbursement shall not exceed a maximum cost of $500.00 per square meter per year.

(b) This limitation does not preclude the contractor from exceeding this annual maximum, however, the Government’s limitation of liability for reimbursement under the resultant contract shall not exceed a cost of $500.00 per square meter per year. Any costs for office space incurred by the contractor above this maximum shall be the responsibility of the contractor.

H.4 LIMITATIONS ON TRANSPORTATION EXPENSES FOR CONTRACTOR PERSONNEL NOT IN A

TRAVEL STATUS

(a) No purchase of transportation vehicles of any kind shall be authorized under the resultant contract. The contractor shall be authorized reimbursement to lease vehicles.

(b) Reimbursement costs for vehicle leases shall not exceed $500 per month per vehicle.

(c) Reimbursement costs for the purchase of fuel shall be for leased vehicles only and shall not exceed $200 per month per eligible employee. (

(d) Leased vehicles shall be limited to one vehicle per eligible employee. Eligible employees are employees of the prime contractor who are in direct support of contract performance and require a vehicle in the performance of their duties. No vehicles are authorized for personnel commuting to and from work.

(e) These limitations do not preclude the contractor or contractor personnel from exceeding the limitations above, however, the Government’s limitation of liability for reimbursement under the resultant contract shall not exceed the costs outlined above. Any costs for transportation expenses of contractor personnel incurred by the contractor or eligible contractor employee above the stated limitations shall be the responsibility of the contractor or the eligible contractor employee.

Section I - Contract Clauses

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct DEC 2021 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-1 Approval of Contract DEC 1989 52.204-2 Security Requirements MAR 2021 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

DEC 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

DEC 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

DEC 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research DEC 2021 52.215-2 Audit and Records--Negotiation JUN 2020 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

JUN 2020

52.215-12 Subcontractor Certified Cost or Pricing Data JUN 2020 52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications JUN 2020

52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-16 Facilities Capital Cost of Money JUN 2003 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

DEC 2021

52.215-22 Limitations on Pass-Through Charges--Identification of Subcontract Effort

OCT 2009

52.215-23 Limitations on Pass-Through Charges JUN 2020 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-29 Notification Of Visa Denial APR 2015 52.222-50 Combating Trafficking in Persons DEC 2021 52.222-50 Combating Trafficking in Persons DEC 2021 52.222-53 Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services--Requirements

MAY 2014

52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States

MAY 2020

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-7 Insurance--Liability To Third Persons MAR 1996 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-16 Progress Payments DEC 2021 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-20 Limitation Of Cost APR 1984 52.232-25 Alt I Prompt Payment (Jan 2017) Alternate I FEB 2002 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2021

52.233-1 Disputes MAY 2014 52.233-3 Alt I Protest After Award (Aug 1996) - Alternate I JUN 1985 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-3 Continuity Of Services JAN 1991 52.242-1 Notice of Intent to Disallow Costs APR 1984 52.242-3 Penalties for Unallowable Costs SEP 2021 52.242-4 Certification of Final Indirect Costs JAN 1997 52.242-13 Bankruptcy JUL 1995 52.242-13 Bankruptcy JUL 1995 52.243-2 Alt II Changes--Cost Reimbursement (Aug 1987) - Alternate II APR 1984 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Products and Commercial

Services

JAN 2022

52.245-1 Government Property SEP 2021 52.245-9 Use And Charges APR 2012 52.246-23 Limitation Of Liability FEB 1997 52.246-25 Limitation Of Liability--Services FEB 1997 52.246-26 Reporting Nonconforming Items. DEC 2021 52.249-6 Termination (Cost Reimbursement) MAY 2004 52.249-14 Excusable Delays APR 1984 52.252-4 Alterations in Contract APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.204-7023 Reporting Requirements for Contracted Services. JUL 2021 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 Country that is a State Sponsor of Terrorism

MAY 2019

252.211-7003 Item Unique Identification and Valuation MAR 2016 252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.215-7002 Cost Estimating System Requirements DEC 2012 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7002 Safety Precautions For Ammunition And Explosives MAY 1994 252.223-7004 Drug Free Work Force SEP 1988 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7003 Report of Intended Performance Outside the United States and Canada--Submission with Offer

OCT 2020

252.225-7004 Report of Intended Performance Outside the United States and Canada--Submission after Award

OCT 2020

252.225-7005 Identification Of Expenditures In The United States JUN 2005 252.225-7007 Prohibition on Acquisition of Certain Items from Communist

Chinese Military Companies

DEC 2018

252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7028 Exclusionary Policies And Practices Of Foreign Government APR 2003 252.225-7041 Correspondence in English JUN 1997 252.225-7047 Exports by Approved Community Members in Performance of the Contract

JUN 2013

252.225-7048 Export-Controlled Items JUN 2013

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.227-7032 Rights In Technical Data And Computer Software (Foreign) JUN 1975 252.228-7000 Reimbursement for War-Hazard Losses DEC 1991 252.228-7001 Ground And Flight Risk JUN 2010 252.228-7003 Capture and Detention DEC 1991 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.242-7004 Material Management And Accounting System MAY 2011 252.242-7005 Contractor Business Systems FEB 2012 252.242-7006 Accounting System Administration FEB 2012 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.243-7999 (Dev) Section 3610 Reimbursement. (DEVIATION 2020-O0021) AUG 2020 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.244-7001 Contractor Purchasing System Administration MAY 2014 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property JAN 2021 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.246-7003 Notification of Potential Safety Issues JUN 2013 252.246-7007 Contractor Counterfeit Electronic Part Detection and

Avoidance System

AUG 2016

252.246-7008 Sources of Electronic Parts MAY 2018 252.247-7023 Transportation of Supplies by Sea FEB 2019

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price, Cost Reimbursable (Other Direct Costs), Labor Hour (Exigent/Surge) contract resulting from this solicitation.

(End of provision)

52.216-7 ALLOWABLE COST AND PAYMENT (AUG 2018)

(a) Invoicing.

(1) The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) subpart 31.2 in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the

Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract.

(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act.

Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25.

(3) The designated payment office will make interim payments for contract financing on the (Contracting Officer insert day as prescribed by agency head; if not prescribed, insert “30th”) day after the designated billing office receives a proper payment request.

In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.

(b) Reimbursing costs. (1) For the purpose of reimbursing allowable costs (except as provided in subparagraph (b)(2) of the clause, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term "costs" includes only--

(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract;

(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for--

(A) Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due will be made--

(1) In accordance with the terms and conditions of a subcontract or invoice; and

(2) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government;

(B) Materials issued from the Contractor's inventory and placed in the production process for use on the contract;

(C) Direct labor;

(D) Direct travel;

(E) Other direct in-house costs; and

(F) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts; and

(iii) The amount of financing payments that have been paid by cash, check, or other forms of payment to subcontractors.

(2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid unless--

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's indirect costs for payment purposes).

(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) of this clause, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) of this clause.

(4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor's expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause.

(c) Small business concerns. A small business concern may receive more frequent payments than every 2 weeks.

(d) Final indirect cost rates. (1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with Subpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect cost rate proposal.

(2)(i) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (or cognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years. Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractor and granted in writing by the Contracting Officer. The Contractor shall support its proposal with adequate supporting data.

(ii) The proposed rates shall be based on the Contractor's actual cost experience for that period. The appropriate Government representative and the Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the Contractor's proposal.

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

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

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

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

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

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

(F) Facilities capital cost of money factors computation.

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

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

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

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

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

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

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

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

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

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

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

(B) General organizational information and limitation on allowability of compensation for certain contractor personnel. See 31.205-6(p). Additional salary reference information is available at https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedBeforeJune24.pdf and https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedafterJune24.pdf.

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

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

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

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

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

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

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

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

(K) Federal and State income tax returns.

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

(M) Minutes from board of directors meetings.

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

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

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

(3) The Contractor and the appropriate Government representative shall execute a written understanding setting forth the final indirect cost rates. The understanding shall specify (i) the agreed-upon final annual indirect cost rates,

(ii) the bases to which the rates apply, (iii) the periods for which the rates apply, (iv) any specific indirect cost items treated as direct costs in the settlement, and (v) the affected contract and/or subcontract, identifying any with advance agreements or special terms and the applicable rates. The understanding shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract. The understanding is incorporated into this contract upon execution.

(4) Failure by the parties to agree on a final annual indirect cost rate shall be a dispute within the meaning of the Disputes clause.

(5) Within 120 days (or longer period if approved in writing by the Contracting Officer) after settlement of the final annual indirect cost rates for all years of a physically complete contract, the Contractor shall submit a completion invoice or voucher to reflect the settled amounts and rates. The completion invoice or voucher shall include settled subcontract amounts and rates. The prime contractor is responsible for settling subcontractor amounts and rates included in the completion invoice or voucher and providing status of subcontractor audits to the contracting officer upon request.

(6)(i) If the Contractor fails to submit a completion invoice or voucher within the time specified in paragraph (d)(5) of this clause, the Contracting Officer may--

(A) Determine the amounts due to the Contractor under the contract; and

(B) Record this determination in a unilateral modification to the contract.

(ii) This determination constitutes the final decision of the Contracting Officer in accordance with the Disputes clause.

(e) Billing rates. Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the Contracting Officer or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established. These billing rates--

(1) Shall be…