_DRFP09F0004.doc

Section A - Solicitation/Contract Form

CONTINUATION OF SECTION A

Item 9: Sealed offers in original Reference Section L, L-0004, Table 2.1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8 or if hand carried, in the depository located in HQ AFSOC/A7KQ, 427 Cody Ave, Bldg 90333, 2nd Floor, Hurlburt, Field, FL 32544-5407 until 3:00 PM local time 9 July 2009 for Volumes I, II, III, V, & VI; and 12:30 PM local time 23 June 2009 for Volume IV.

Item 12: Shall read not less than 180 days.

Sample Task Orders - The Government does not anticipate award of either the sample task orders with award of the Basic Contract.

Section B - Supplies or Services and Prices

SECTION B--GENERAL INFORMATION

B – 0001 CONTRACT MINIMUM/MAXIMUM (IAW FAR 52.216-22)

For the purposes of paragraph (b) of the clause entitled “Indefinite Quantity,” the total minimum amount per awardee, over the life of that contract, shall be $3,000.00 to be awarded at time of initial contract award. The total maximum amount for all awardees shall be $85,000,000.00 aggregate for the combination of all Task Orders (TOs), written against awarded contract(s), during the entire period of performance. There is no maximum amount the Government may expend on a yearly basis.

B – 0002 CLAUSES AND PROVISIONS

Clauses and provisions of the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text. Clauses and provisions in this document are numbered in sequence, but will not necessarily appear in consecutive order. Sections K, L and M will be physically removed from any resultant award(s), but Section K shall be incorporated by reference in award(s).

B – 0003 REQUIRED SERVICES

a. The contractor shall provide services required by specific task descriptions / requirements contained in each Task Order issued during the duration of the contract.

b. This is an Indefinite Delivery, Indefinite Quantity (IDIQ) type contract. Most Task Orders (TOs) will be awarded on a Firm-Fixed Price basis with Cost Reimbursable line items; however, occasionally, there may be some Labor-Hour (LH) TOs awarded.

Direct Labor - Fixed Labor Rates

FFP

(1) The Contractor shall provide non-personal services using the labor categories and rates specified in Attachment 1 to the SETA IV contract. (2) The Firm Fixed-Price Task Order (TO) award of $ __________ for on-site labor is based on the Contractor's proposed and awarded CME cost to perform services and provide deliverables identified in the Statement of Work for the period __________ to__________. Contractor's TO proposal, dated ___________(insert date) is incorporated by reference. (3) Payment for satisfactory performance and acceptance of required deliverables by the government shall be made (a) in 12 equal installments of $ __________ per month; or (b) with initial partial payment of $ __________; 11 equal payments of $ __________; and a final partial payment of $ __________. ***Exception: When CME vacancies occur, monthly payments shall be reduced commensurate with reduction in CMEs as awarded. Provide standard formula for calculating payment reductions to the CO for review and approval prior to invoicing reduced payments. Approved formula for calculating reductions shall be consistently applied to all Firm Fixed-Price TOs when CME vacancies exist. Provide calculations used to reduce the monthly payment via e-mail to the CO/CA administering the TO prior to invoicing, and document reduction in the WAWF invoice description by including verbiage "Monthly payment is reduced due to (Labor Category) vacancy from (dd - dd mm yy)," i.e., (Staff Analyst II) (1 - 10 Jan 09). Reduced monthly payments shall continue until the vacancy is filled with an equal or more qualified contractor employee approved by the CO; or other appropriate action is taken by the CO. *** (4) Funds are not presently available for performance beyond _________. Award amount in CLIN 0001 of $__________ is funded for $ __________ in SubCLIN 0001AA, with remaining $ __________ subject to the appropriate availability of funds clause. (5) **NOTE: This TO is written for a full 12-months; however, it is anticipated that the position may convert to Civil Service on or before ___________. Once the date of conversion is confirmed, the government will provide the contractor a revised PWS and request a revised cost proposal. The revised cost proposal will be evaluated by the CO. Once determined reasonable and approved, excess funding, if any, will be de-obligated. Should the conversion not take place prior to the scheduled date, the TO will be modified to incrementally fund for the period of time required to continue service until a date for conversion can be confirmed, not to exceed the 12-month period of performance as stated in the PWS and original TO award.

FOB: Destination

SIGNAL CODE: A

MAX

NET AMT

000101

Direct Labor - Fixed Period

Incremental Funding for CLIN 0001

MAX

000102

Direct Labor - Fixed Period

Incremental Funding for CLIN 0001

MAX

000103

Direct Labor - Fixed Period

Incremental Funding for CLIN 0001

MAX

000104

Direct Labor - Fixed Period

Incremental Funding for CLIN 0001

MAX

000105

Direct Labor - Fixed Period

Incremental Funding for CLIN 0001

MAX

000106

Direct Labor - Fixed Period

Incremental Funding for CLIN 0001

MAX

Direct Labor - Labor Hours

LH

The Contractor shall provide non-personal services using the labor categories and rates specified in Attachment 1 to this contract.

TOT MAX PRICE

000201

Direct Labor - Labor Hours

Incremental Funding for CLIN 0002

000202

Direct Labor - Labor Hours

Incremental Funding for CLIN 0002

000203

Direct Labor - Labor Hours

Incremental Funding for CLIN 0002

000204

Direct Labor - Labor Hours

Incremental Funding for CLIN 0002

000205

Direct Labor - Labor Hours

Incremental Funding for CLIN 0002

000206

Direct Labor - Labor Hours

Incremental Funding for CLIN 0002

Travel - Cost Reimbursable

COST

All travel is Government directed and shall be approved on a Letter of Identification (LOI) - Official Travel of Government Contractors (ref PWS Appendix B) at least 5 days prior to travel. Authorized travel under this item shall be reimbursed at cost as limited by FAR 31.205-46(a). The Not to Exceed (NTE) amount will be identified on individual Task Orders. ***Travel shall be invoiced without any allowance for G&A, profit or fee. ***

MAX COST

000301

Travel - Cost Reimbursable

Incremental Funding for CLIN 0003. This incremental funding is expected to extend the period of performance until _____________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

000302

Travel - Cost Reimbursable

Incremental Funding for CLIN 0003. This incremental funding is expected to extend the period of performance until _____________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

000303

Travel - Cost Reimbursable

Incremental Funding for CLIN 0003. This incremental funding is expected to extend the period of performance until _____________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

000304

Travel - Cost Reimbursable

Incremental Funding for CLIN 0003. This incremental funding is expected to extend the period of performance until _____________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

000305

Travel - Cost Reimbursable

Incremental Funding for CLIN 0003. This incremental funding is expected to extend the period of performance until _____________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

000306

Travel - Cost Reimbursable

Incremental Funding for CLIN 0003. This incremental funding is expected to extend the period of performance until _____________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

Materials - Cost Reimbursable

Materials purchased shall be in support of CLINs 0001 and 0002 and reimbursed at actual costs in accordance with FAR 31.205-26. Pre-approval by the COR and CO is required prior to purchase of materials. Material purchases under this CLIN does not include administrative supplies normally consumed and included as part of G&A expenses. Not to Exceed (NTE) amount will be identified on individual Task Order if funding is added for materials over and above incidental items listed above. ***Materials shall be invoiced without any allowance for G&A, profit or fee. ***

MAX COST

000401

Materials - Cost Reimbursable

Incremental Funding for CLIN 0004. This incremental funding is expected to extend the period of performance until _____________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

000402

Materials - Cost Reimbursable

Incremental Funding for CLIN 0004. This incremental funding is expected to extend the period of performance until _____________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

000403

Materials - Cost Reimbursable

Incremental Funding for CLIN 0004. This incremental funding is expected to extend the period of performance until _____________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

000404

Materials - Cost Reimbursable

Incremental Funding for CLIN 0004. This incremental funding is expected to extend the period of performance until _____________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

000405

Materials - Cost Reimbursable

Incremental Funding for CLIN 0004. This incremental funding is expected to extend the period of performance until _____________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

000406

Materials - Cost Reimbursable

Incremental Funding for CLIN 0004. This incremental funding is expected to extend the period of performance until _____________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

DATA

Not separately priced - Contractor shall furnish data in accordance with DD Form 1423-2 -- Contract Data Requirements List (CDRL), reference Attachment 4, Appendix E. CDRLS A001 - A012 will be identified, as required, on individual Task Orders. The cost of preparing, formatting, reproducing and delivering data in accordance with the contract requirements will be included in CLIN 0001 & 0002.

MAX COST

000501

DATA

Not Separately Priced, this SUBCLIN is for data deliverables under Contract Data Requirements List (CDRL) items, both at the Contract level and the Task Order level.

MAX COST

OCONUS Mission Essential Expenses

This CLIN is reserved for OCONUS Mission Essential Expenses for Salary / Allowances / Differential / Danger Pay / and other direct or indirect expenses associated with the requirement. Reference Special Contract Requirement H-0022 and PWS para 4.5. Salary will be paid at the Fully Burdened Labor Rates negotiated at time of TO award. *** G&A, profit, or fee will not be paid on any allowances under this CLIN. ***

MAX COST

000601

OCONUS Mission Essential Expenses

Incremental Funding for CLIN 0006. This incremental funding is expected to cover the period of performance until ______________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

000602

OCONUS Mission Essential Expenses

Incremental Funding for CLIN 0006. This incremental funding is expected to extend the period of performance until _____________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

000603

OCONUS Mission Essential Expenses

Incremental Funding for CLIN 0006. This incremental funding is expected to extend the period of performance until _____________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

000604

OCONUS Mission Essential Expenses

Incremental Funding for CLIN 0006. This incremental funding is expected to extend the period of performance until _____________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

000605

OCONUS Mission Essential Expenses

Incremental Funding for CLIN 0006. This incremental funding is expected to extend the period of performance until _____________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

000606

OCONUS Mission Essential Expenses

Incremental Funding for CLIN 0006. This incremental funding is expected to extend the period of performance until _____________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

Overtime (Non-A&AS Support)

On-Call Overtime to support Non-A&AS services. Overtime charges shall be approved prior to performance by the COR and CO and shall not exceed the ceiling price of the CLIN. Overtime rate shall be established at time of TO award. Employees covered by the Service Contract Act of 1965 shall be compensated in accordance with FAR Clause 52.222-41. Overtime premium percentages shall be applied to base pay only and not to any increase in pay attributable to allowances under Special Contract Requirement H-0022.

MAX COST

000701

Overtime (Non-A&AS Support)

Incremental Funding for CLIN 0007. This incremental funding is expected to extend the period of performance until _____________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

000702

Overtime (Non-A&AS Support)

Incremental Funding for CLIN 0007. This incremental funding is expected to extend the period of performance until _____________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

000703

Overtime (Non-A&AS Support)

Incremental Funding for CLIN 0007. This incremental funding is expected to extend the period of performance until _____________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

000704

Overtime (Non-A&AS Support)

Incremental Funding for CLIN 0007. This incremental funding is expected to extend the period of performance until _____________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

000705

Overtime (Non-A&AS Support)

Incremental Funding for CLIN 0007. This incremental funding is expected to extend the period of performance until _____________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

000706

Overtime (Non-A&AS Support)

Incremental Funding for CLIN 0007. This incremental funding is expected to extend the period of performance until _____________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

New Mexico Gross Receipts Tax

This CLIN is reserved for reimbursement of New Mexico Gross Receipt Tax (NMGRT). ***NMGRT shall be invoiced without any allowance for G&A, profit or fee. To receive reimbursement, the Contractor shall comply with invoicing instructions provided at Contract Section G – 0008 - Invoicing Instructions for Reimbursement of NMGRT.

MAX COST

000801

New Mexico Gross Receipts Tax

Incremental Funding for CLIN 0008. This incremental funding is expected to cover the period of performance until ___________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

000802

New Mexico Gross Receipts Tax

Incremental Funding for CLIN 0008. This incremental funding is expected to cover the period of performance until ___________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

000803

New Mexico Gross Receipts Tax

Incremental Funding for CLIN 0008. This incremental funding is expected to cover the period of performance until ___________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

000804

New Mexico Gross Receipts Tax

Incremental Funding for CLIN 0008. This incremental funding is expected to cover the period of performance until ___________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

000805

New Mexico Gross Receipts Tax

Incremental Funding for CLIN 0008. This incremental funding is expected to cover the period of performance until ___________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

000806

New Mexico Gross Receipts Tax

Incremental Funding for CLIN 0008. This incremental funding is expected to cover the period of performance until ___________________. The contractor is not authorized to incur costs in excess of the funded amount, including costs of termination, prior to written receipt of additional funding.

MAX COST

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$3,000.00

$85,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 - 000806

Section C - Descriptions and Specifications

PWS

Work required by Contract Line Items in SECTION B shall be performed in accordance with the following:

(Attachment 4) 23 Pages (excluding Appendices)

Section D - Packaging and Marking

SECTION D - LOCAL CLAUSES

D – 0001

TRANSMITTING CLASSIFIED MATERIAL

Material will be packed to conceal it properly and to avoid suspicion as to contents, and to reach destination in satisfactory condition. Internal markings or internal packaging will clearly indicate the classification. NO NOTATION TO INDICATE CLASSIFICATION WILL APPEAR ON EXTERNAL MARKINGS (EXTERIOR CONTAINERS). See Chapter 4 of the National Industrial Security Program Operating Manual (DOD 5220.22-M) for complete instructions.

D – 0002 Packaging and Marking - F.O.B. Destination

All data and material to be shipped under this contract shall be packaged and packed to conform with carrier requirements per FAR Clause 52.247-34, F.O.B. Destination, incorporated by reference in the contract. The information on the outside of the package shall clearly state the shipping address, contract number, device number, and any other "MARK FOR" information required for easy identification without opening the package. The interior of the package shall contain the same information.

Section E - Inspection and Acceptance

SECTION E - LOCAL CLAUSES

E – 0001

DATA APPROVAL

When Government approval is required, and a suspense time is not provided in the data item or elsewhere in the contract or Task Order, the Government shall approve and/or furnish written comments to the Contractor within thirty (30) calendar days after receipt of each data item. Upon written communication, this suspense time may be extended by mutual agreement between the parties. In the event resolution cannot be reached and approval furnished and the Contractor is impacted by this lack of approval, the Contractor shall proceed on the basis of Government comments. Data will be approved at Hurlburt Field, FL, or as specified in the Task Order Statement of Work.

E – 0002

DD FORM 1423 DATA INSPECTION AND ACCEPTANCE

The Inspection and Acceptance for Data items are as shown on DD Form 1423 attached hereto, or as specified in each TO PWS.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

SECTION F - LOCAL CLAUSES

F – 0001 PERIOD OF PERFORMANCE

Period of performance for tasks under items 0001 – 0008 will be specified on DD Forms 1155. Orders issued prior to the expiration date of the contract will be carried to completion provided sufficient monies are available and performance does not normally exceed 120 days beyond the period of contract. In the event completion of the order cannot be completed within the established time period, the order may be extended to a time and at terms agreeable to both parties.

F - 0002

PLACE OF PERFORMANCE

Services under this contract are required to be performed at the following locations: Location(s) will be specified in each individual Task Order issued against this contract.

F - 0003

PERIOD OF CONTRACT

a. This contract shall be in effect 5-years from Date of Contract Award.

b. Individual Task Orders issued under this contract shall not exceed 12 months for severable services. Task Order period of performance for non-severable services will be written as necessary to allow completion of the requirement.

DELIVERY INFORMATION

CLAUSES INCORPORATED BY REFERENCE

Section G - Contract Administration Data

SECTION G - LOCAL CLAUSES

G - 0001

ACCOUNTING AND APPROPRIATION DATA

Accounting and appropriation data will be set forth on individual Task Orders (TOs) issued hereunder.

G - 0002

PATENT RIGHTS ADMINISTRATION

All documents and information required to be submitted by the contractor pursuant to the Patent Rights Clause shall be forwarded to the Contracting Officer (CO).

G – 0003

GOVERNMENT POINTS OF CONTACT

The CO is the point of contact for this acquisition. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, and requirements. The CO may delegate certain other responsibilities to his/her authorized representatives or Contracting Officer Representatives (CORs). If at any time during the performance of this contract, administrative problems should arise which will have an adverse impact on timely performance by the contractor or affect the contract costs or funding, the contractor is required to immediately notify the CO. Address any questions or concerns you may have to the CO. Written requests for clarification may be sent to the CO at the address indicated below:

Contracting Officer

Mr Jeffrey L. Lowman, HQ AFSOC/A7KQ, 427 Cody Ave, Hurlburt Field, FL 32544-5407 Telephone (850) 884-2022 (DSN 579-2022) FAX (850) 884-2476

E-mail Jeffrey.Lowman@hurlburt.af.mil

Contract Administrator Mr Kurt Buchanan, HQ AFSOC/A7KQ, 427 Cody Ave, Hurlburt Field, FL 32544-5407 Telephone (850) 884-3196 (DSN 579-3196) FAX (850) 884-2476

E-mail Kurt.Buchanan@hurlburt.af.mil

G – 0004

ADDITIONAL INVOICING INSTRUCTIONS

(a) There shall be no five percent (5%) withhold made for labor as outlined in FAR Clause 52.232-7(a)(7), Payments under Time-and-Materials and Labor-Hour Contracts.

(b) The contractor shall submit all invoices into the Wide-Area-Workflow (WAWF) invoicing system no more than thirty (30) days after invoiced costs are incurred, and not more than once monthly for each individual delivery order. Two exceptions apply: (1) labor line items may be invoiced separately from other direct cost line items; and (2) the final invoice may be submitted up to sixty (60) days after invoiced costs are incurred to allow for submission of any unbilled travel or other direct costs. The invoice line item description shall specify the period of performance being invoiced for. Payment will be made electronically by the office designated in Block 15 on DD Form 1155, or paying office otherwise designated. Guidance is provided in Special Contract Requirement H-0027 for use of WAWF.

(c) The contractor shall segregate and bill separately for work performed under each TO issued under this contract. Costs of performing work set forth in one TO shall not be chargeable or payable under any other TO. In addition, if the TO contains multiple Contract Line Item Numbers (CLINs), the contractor shall segregate and bill separately for work performed under each CLIN of the TO. Costs of performing work set forth in one CLIN shall not be chargeable or payable under any other CLIN.

(d) Back-up documentation is required to support some labor charges and other direct costs (ODCs). When submitting an invoice for these charges in WAWF, the contractor shall attach to the invoice a summary recapping what charges are being billed at the time of invoice submission in WAWF. An electronic copy of the required backup documentation shall identify the WAWF number and shall be delivered to both the CO AND COR prior to inputting the invoice in WAWF. Backup documentation includes, but is not limited to:

1. For fixed-price labor, when contractor personnel vacancies occur (over and above normal vacancies for vacation or sick leave, etc.), monthly payments shall be reduced commensurate with reduction in personnel as awarded. The formulas for vacancy reductions shall be provided as required at CLIN 0001.

2. For any travel during the invoiced period, the required information in Section H, Para H‑0012, Allowable Travel Costs, shall be submitted along with an expense voucher outlining all travel and charges. Include a summary in the WAWF CLIN description segregated by trip/Letter of Identification (LOI). Travel handling costs shall not be reimbursed unless actually charged to the contractor Fees for attendance at Government-required conferences shall be invoiced under the Travel CLIN.

3. When OCONUS allowances are invoiced for deployed contract personnel, include a spreadsheet showing, for each deployed employee, specific times of arrival at and departure from each deployed location. Include a worksheet showing days/hours worked by all contractor employees signed by the employee. The worksheet shall include the unburdened labor rate for each employee on those TOs that will invoice for reimbursement of Defense Base Act insurance and allowances. Deployment allowances will be invoiced against CLIN 0006.

4. For Labor-Hour (LH) invoices, include an Excel worksheet electronically that provides the following information: Position Title /Labor Category / Employee Name / Burdened Hourly Rate / Total Hours Worked for the Month / Total Cost / Cumulative Cost to Date / Cumulative Hours to Date. Include sufficient data to show the days/hours worked by LH personnel. Timesheets for hours billed shall be made available to the Government at any time during the performance period and for 3 years after completion or termination.

5. For materials purchased in support of a TO, the receipts required in Performance Work Statement (PWS) Para 1.8 shall be submitted as backup to materials invoiced. The required competitive quotes shall be submitted to the COR for authorization and the CO for approval prior to material purchase. All materials and equipment purchased with TO funds shall become the property of the Government. Material handling costs shall not be reimbursed, other than shipping or handling costs actually charged to the contractor.

6. Other costs that require substantiation.

(e) The COR will perform a thorough review of the invoice and if they do not concur with the invoiced cost, shall notify the CO. The contractor shall be required to resolve the billing discrepancy with the CO and resubmit a separate invoice as required covering the disputed portion. Number the resubmitted invoice the same as the disputed invoice, but add a discriminator after the number to denote re-submission. Example: Invoice 185 is disputed, resubmitted invoice is 185a.

(f) The contractor shall submit the invoices into WAWF according to CLIN and subCLINs established in the TO. The contractor shall track the available funds by subCLINs, and invoice against the subCLINs where the appropriate funding is located.

G - 0005

FINAL TASK ORDER INVOICING PROCEDURES

a. The contractor shall submit a final invoice within 60 days of completion of each TO performance period in accordance with G-0004. The final invoice in WAWF shall be coded as “Final.” This will provide notice to the CO that the services are complete and all deliverables have been provided to the Government. Upon receipt of the “Final” WAWF invoice, the CO will unilaterally modify the TO to de-obligate remaining funds. For those TOs awarded with options, do not code the invoice “Final” in WAWF but include a statement in the item description that the invoice is the final for that base or option period as appropriate.

b. The final invoice, including at the end of each option period, shall include a breakdown by CLIN showing totals expended for each CLIN, and shall show the final amounts expended for both the prime contractor and all subcontractors.

G - 0006

IDENTIFICATION OF QUALITY ASSURANCE PERSONNEL

(a) Quality assurance personnel as defined by AFI 63-124 are designated as CORs for SETA IV and are responsible for technical oversight of the TO. CORs will be designated on each individual TO and will monitor delivery and performance at the TO level. The COR will advise the CO in all matters related to the TOs.

(b) In accordance with DFARS 252.201-7000, the CO may appoint one or more Government employees as COR.

(c) COR appointments will be in writing, signed by the CO, and set forth the authority granted to and the limitations of the COR. The contractor shall acknowledge receipt of appointment letters in writing and forward one signed copy back to the CO.

(d) The CO will notify the Contractor in writing of COR appointment changes or revocations.

G - 0007

CONTRACT HOLIDAYS

a. The prices/costs in Section B (or attachments) of the contract include holiday observances; accordingly, the Government will not be billed for such holidays, except when services are required by the Government and are actually performed on a holiday. The contractor and all subcontractors shall be included in the observance of all Executive Orders releasing Government personnel from their duties. These additional holidays shall be billed in the same manner as the standard holidays; i.e., no adjustments will be made to firm-fixed-price TOs.

The following days are the standard contract holidays:

New Year’s Day

Martin Luther King Birthday

President’s Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day

G - 0008 Invoicing Instructions for Reimbursement of New Mexico Gross Receipts Tax (NMGRT)

a. The State of New Mexico assesses a Gross Receipts tax for firms conducting business within the state. This tax is imposed on the basis of revenue derived from business operations within the state without regard to the location of the business entity. The rate of the NMGRT may be obtained from the New Mexico Taxation and Revenue Office in Clovis, New Mexico, by calling (505) 763-5515.

b. TOs issued for services in New Mexico shall include CLIN/subCLINs 0008 with adequate funding appropriated at the subCLIN level to reimburse NMGRT when applicable. To receive reimbursement, the contractor shall invoice the NMGRT paid in Wide Area Work Flow (WAWF) and provide the CO/CA a copy of the CRS-1 Form filed with the New Mexico Taxation and Revenue Department and a copy of the payment confirmation received from the NM Tax Department. Upload the completed CRS-1 Form and payment confirmation into WAWF or e-mail the form to the CO/CA at the time of invoicing. The CRS-1 Form shall identify each TO separately. This may be accomplished by filing a separate CRS-1 Form for each TO; or by recording each TO taxable receipts on a “separate row” on one CRS-1 Form. To identify taxable receipts that comprise the total amount invoiced, provide the following information in the “Description” block of WAWF invoice subClin for NMGRT:

(1) Row TO receipts are recorded on the CRS-1 Form;

(2) Tax Period;

(3) Labor Receipts, excluding tax;

(4) Travel Receipts, excluding tax – Identify Letter of Identification (LOI) number(s) and receipts reported for each;

(5) Material Receipts, excluding tax – Identify material(s) and receipts reported for each;

(6) Other receipts, if any, excluding tax – Identify other receipts and amount reported for each;

(7) Total Deductions;

(8) Taxable Gross Receipts;

(9) Tax Rate;

(10) Gross Receipts Tax (GRT);

(11) Compensating Tax, if any;

(12) Withholding Tax, if any; and

(13) Total Tax Due.

Description Example: (a) CSR-1 - Row 4; (b) Tax Period 1 – 31 Mar 10 (identify monthly, quarterly or semi-annual tax period); (b) Labor Receipts - $100,000.00; (b) Travel Receipts - LOI-001 - $1,000.00 and LOI-002 - $2,000.00, Total $3,000.00; (d) Material Receipts - Uniforms Unlimited $300.00 and Boot Tech $200.00, Total $500.00; (e) Other Receipts – Overtime Pay to Jones, Total $500.00; (f) Total Deductions - $200.00 (g) Taxable Gross Receipts $103,800.00; (h) Tax Rate 5.25%; (i) GRT - $5,449.50; (j) Compensating Tax – None; (k) Withholding Tax – None; (l) Total Tax Due $5,449.50.

c. The above information may be provided on an Excel Worksheet and uploaded into WAWF or e-mailed to the CO/CA at the time of invoicing. If the Contractor elects to provide an Excel Worksheet, the following information shall be provided in the “Description” block of WAWF invoice subClin for NMGRT:

(1) Row TO receipts are recorded on the CRS-1 Form;

(2) Tax Period;

(3) Reference attached CRS-1 Form and NMGRT worksheet.

Description Example: CSR-1 - Row 4; for Tax Period 1 – 31 Mar 10. Reference attached CRS‑1 Form and NMGRT worksheet.

d. The Government shall not reimburse penalty or interest charges incurred due to contractor negligence in preparing the CRS-1 Form, or delinquent or insufficient payment of NMGRT.

e. Any payments that result in an overpayment and a subsequent refund shall return such refund to the Government.

Section H - Special Contract Requirements

SECTION H - LOCAL CLAUSES

H – 0001

AVOIDANCE OF ORGANIZATIONAL CONFLICT OF INTEREST

In order that the Government may prevent (a) conflicting roles which might bias the contractor’s judgment or objectivity, (b) unfair competitive advantage to the contractor and (c) the appearance of unfair competitive advantage in Special Operations-related acquisitions, it is agreed by the parties to this contract that the contractor will be restricted in its future contracting with the Government to the extent described below:

a. Due to the all-encompassing involvement in Special Operations-related activities envisioned for the contractor, and the subsequent comprehensive access to valuable and possible competition sensitive information, the contractor shall identify during the period of this contract any direct knowledge that the contractor has gained, or had exposure to, because of this contractual relationship. A follow-on or sequel to this contract for SETA services is not included in this prohibition. The contractor may request an exception to this prohibition (or may request to be excluded from competing on specific tasks under this contract) in the best interest of the Government on a case by case basis and only in instances where there is not an appearance that the contractor has an unfair competitive advantage or that the contractor’s objectivity may be impaired. Requests in behalf of subcontractors should be submitted before award of the subcontract. The Contracting Officer (CO) may deny the request or forward it for consideration to HQ AFSOC/A7K for AFSOC acquisitions or to the Center for Acquisitions and Logistics (SOAL-K) for future USSOCOM acquisitions. If the CO denies the request, the contractor may appeal the denial to either HQ AFSOC/A7K or SOAL-K as appropriate, stating the grounds for disagreement with the CO’s decision. The HQ AFSOC/A7K or USSOCOM/SOAL-K decision shall be final, not subject to appeal under the Disputes Clause. See paragraph “h” below for organizations encompassed within this prohibition.

b. Wherever the contractor’s performance of this contract pertains either to specific hardware/software or to a given design approach to a specific requirement, the contractor’s parent companies, subsidiaries, and other organizations with which it is affiliated through an ownership or direct financial interest*, if any, shall be precluded from providing to AFSOC or USSOCOM as a prime or subcontractor:

(1) that hardware/software

(2) development or analysis of that design; and

(3) any hardware/software to fulfill that specific requirement

c. If the contractor in the performance of this contract assists the Air Force or a contractor of the Air Force in the preparation of a Performance Work Statement (PWS), or provides information leading directly, predictably, and without delay to the preparation of a PWS to be used in an Air Force acquisition, it is agreed by the parties that the contractor’s parent companies, subsidiaries, and any organization with which the contractor is affiliated through an ownership or direct financial interest* in the other, shall be ineligible to participate in any competition to obtain award of a contract to perform the work described within said PWS as a prime or sub-contractor. This restriction shall be in effect until award of the next resulting contract.

d. To the extent that the performance of work under this contract requires or involves access to competition sensitive information as well as possible access to proprietary financial and/or technical data of other companies disclosed to the contractor in confidence, the contractor is required to protect such information/data from unauthorized use or disclosure so long as it remains proprietary and may be required to enter into a bilateral agreement with the originator of such information/data for its protection. The preceding sentence is not intended to protect alleged proprietary data furnished voluntarily by companies within limitations as to use, or which is available to the Government or contractor without restriction from other sources. Copies of agreements will be maintained by the contractor for inspection by the Government. The contractor shall immediately disclose to the CO knowledge of any such prohibited use or attempted use.

e. The contractor agrees to accept and pursue to completion, all tasks identified hereunder and to ensure that its parents, subsidiaries, or affiliates do not thereafter enter into contractual agreements as prime contractors or first tier subcontractors which would create a conflict within the meaning of this clause, except as follows: If performance of a task could cause a conflict within the meaning of this clause with a contract or subcontract held by the contractor, its parent, subsidiaries or affiliates, which pre-existed the identification of the task to the contractor, the contractor must disclose the conflict to the CO. If the CO confirms that the conflict exists, the parties will consider the alternatives available to eliminate the conflict and mutually resolve it considering the relative burdens created by the prospective solutions.

f. The restrictions in paragraphs b and c above may be waived by the Secretary of the Air Force or a designee upon determination that failure to waive the prohibition would be prejudicial to the government’s interest.

g. A high level of business security must be maintained in order to preserve the integrity of the acquisition process. The contractor agrees to obtain from each employee engaged in any effort connected with this contract an agreement which shall in substance provide that such an employee, while employed by the contractor or thereafter, will not, so long as it continues to be entitled to protection under recognized legal principles, disclose to others or use for his/her own benefit proprietary, company private, or competition sensitive information received in connection with the work under this contract. For purposes of this clause, competition sensitive data is oral or written information pertaining to potential acquisitions such as: internal government program estimates; financial and management plans; acquisition plans; source selection evaluation information (evaluations, audit reports, financial reports, recommendations, rankings, competitive range determinations, technical discussions with acquisition contractors or prospective contractors regarding a potential acquisition). The transmission of technical or other information shall be conducted only by the CO, superiors having contractual authority, and others specifically authorized by them.

h. The contractor agrees that any organization participating in the performance of this contract shall be bound as though it were the “contractor” hereunder. Organizations merely cooperating with the contractor (e.g., providing information) to enable the contractor or its agents to perform shall not be deemed to be “participating” hereunder. Thus, this provision shall be incorporated in all subcontracts, teaming arrangements, and other agreements calling for the performance of any requirements under this contract.

i. Except as specifically provided in this clause, the contractor shall be free to compete for Government business on an equal basis with other companies.

*NOTE: Cases of doubt shall be submitted to the CO for determination.

H – 0002

LIMITATION ON SUBCONTRACTING NOTICE

This solicitation contemplates the issuance of multiple awards to small business concerns who may have teaming arrangements with subsidiaries or other affiliates (as defined by 13 CFR 121.103) of the concern. To ensure the contractor remains in continuous compliance with FAR 52.219-14, Limitation on Subcontracting, at least 50% of the total cost of contract performance incurred for personnel shall be expended for employees of the small business prime. For Task Order(s) (TOs) awarded under this contract, the contractor shall document in the proposal the compliance with FAR 52.219-14, both at time of TO proposal submission and after TO award, if awarded the TO. In accordance with 13 CFR 125.6(h), work to be performed by subsidiaries or other affiliates of a concern is not counted as being performed by the concern for purposes of determining whether the concern will perform the required percentage of work. For purposes of 13 CFR 125.6(d), performance over the guaranteed minimum will be used to determine compliance. The contractor shall remain in continuous compliance with FAR 52.219-14 throughout the 5-year life of this contract. The Government will continuously monitor compliance through the monthly cost and performance reports. The Government will report compliance annually via the Contractor Performance Assessment Reporting System (CPARS).

H – 0003

KEY PERSONNEL REQUIREMENTS

a. Certain skilled experienced professional and/or technical personnel are essential for successful contractor accomplishment of the work to be performed under this contract. These are defined as "key personnel" and were identified in the contractor’s proposal as instructed in Section L of the RFP.