FA0021-15-R-0004_Conformed_Copy_dated_13_May_2015.pdf

CODE

(Hour)

PAGE(S)

until 03:00 PM local time 26 May 2015

X

A

X B

X C

X D

EX

X

G

F 67 - 72

73 - 94

X H 95 - 102 kurt.buchanan.1@us.af.mil

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)

1 102

(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.

FA0021 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)KURT N. BUCHANAN 850-884-3196

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2

3 - 13

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

16 - 17

18 - 20 X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 21 - 24 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror)

25 - 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 - 64

PART II - CONTRACT CLAUSES

765TH SPECIALIZED CONTRACTING FLIGHT

ATTN: KURT N. BUCHANAN

427 CODY AVE, BLDG 90333, SUITE 215

HURLBURT FIELD FL 32544-5407 (850) 884-3196

(850) 884-2476FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

65 - 66

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

16 Apr 2015

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

FA0021-15-R-0004

Section A - Solicitation/Contract Form

SECTION A - SOLICITATION/CONTR

CONTINUATION OF SECTION A

Item 9: Sealed offers in original Reference Section L, Table L0003-1 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/765SCONF, 427 Cody Ave, Bldg 90333, 2 nd

Floor, Suite 215, Hurlburt, Field, FL 32544-5407 until 3:00

PM local time 26 May 2015.

Questions or concerns on this RFP shall be submitted by 1200 CST on 12 May 2015 to kurt.buchanan.1@us.af.mil;

martin.muniz@us.af.mil; or maria_jaine.sipin@us.af.mil. The Government will post responses to FedBizOpps.gov.

To ensure your questions are answered promptly, please type “SETA V RFP Question” in the subject line of your email.

Item 12: Shall read not less than 180 days.

mailto:kurt.buchanan.1@us.af.mil mailto:martin.muniz@us.af.mil mailto:maria_jaine.sipin@us.af.mil

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Lot Direct Labor - Fixed Labor Rates

FFP

This Indefinite Delivery/Indefinite Quantity (ID/IQ) type contract has a five year ordering period. Performance of services shall be accomplished through issuance of task orders. Services shall be performed in accodance with the AFSOC Systems

Engineering & Technical Assistance (SETA) V Service Performance Work

Statement (Attachment 4). Specific total amounts will be specified in each task order along with the delivery schedule. Pricing shall be IAW the pricing rate

(Attachment 1). On or off site FFP task orders will be issued against this CLIN.

FOB: Destination

SIGNAL CODE: A

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

000101 UNDEFINED

Direct Labor - Firm Fixed Priced Labor

FFP

Incremental Funding for CLIN 0001

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 1 Lot 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. The Government shall NOT pay OH, fringe, profit, or G&A; however, the Government will pay a nominal processing fee of ____% (offeror fill-in processing fee with proposal, not to exceed 3%) of invoiced amount for Travel Cost.

MAX COST

UNIT UNIT PRICE MAX AMOUNT

000201 UNDEFINED

Travel - Cost Reimbursable

COST

Incremental Funding for CLIN 0002. 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.

UNIT UNIT PRICE MAX AMOUNT

0003 1 Lot Materials - Cost Reimbursable

COST

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. The Government shall NOT pay OH, fringe, profit, or G&A;

however, the Government will pay a nominal processing fee of ____% (offeror fill-in processing fee with proposal, not to exceed 3%) of invoiced amount for

Materials.

UNIT UNIT PRICE MAX AMOUNT

000301 UNDEFINED

Materials - Cost Reimbursable

COST

Incremental Funding for CLIN 0003. 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.

UNIT UNIT PRICE MAX AMOUNT

0004 1 Lot

DATA

COST

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.

UNIT UNIT PRICE MAX AMOUNT

000401 UNDEFINED Lot

DATA

COST

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.

UNIT UNIT PRICE MAX AMOUNT

0005 1 Lot OCONUS Reimbursable Expenses

COST

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. The Government shall NOT pay OH, fringe, profit, or G&A; however, the Government will pay a nominal processing fee of

____% (offeror fill-in processing fee with proposal, not to exceed 3%) of invoiced amount for OCONUS Reimbursable Expenses.

UNIT UNIT PRICE MAX AMOUNT

000501 UNDEFINED Lot OCONUS Mission Essential Expenses

COST

Incremental Funding for CLIN 0005. 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.

UNIT UNIT PRICE MAX AMOUNT

0006 1 Lot Overtime (Non-A&AS Support)

COST

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.

UNIT UNIT PRICE MAX AMOUNT

000601 UNDEFINED Lot Overtime (Non-A&AS Support)

COST

Incremental Funding for CLIN 0006. 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.

UNIT UNIT PRICE MAX AMOUNT

0007 1 Lot New Mexico Gross Receipts Tax

COST

This CLIN is reserved for reimbursement of New Mexico Gross Receipt Tax

(NMGRT). The Government shall NOT pay OH, fringe, profit, or G&A;

however, the Government will pay a nominal processing gee of ___% (offeror fill-in processing fee with proposal, not to exceed 3%) of invoiced amount for

NMGRT. To receive reimbursement, the Contractor shall comply with invoicing instructions provided at Contract Section G – 0008 - Invoicing Instructions for

Reimbursement of NMGRT.

UNIT UNIT PRICE MAX AMOUNT

000701 UNDEFINED Lot New Mexico Gross Receipts Tax

COST

Incremental Funding for CLIN 0007. 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.

SECTION B-GENERAL INFORMATION

GENERAL INFORMATION

B0001 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 $1,500.00 to be awarded at time of initial contract award. The total maximum amount for all awardees shall be $45,000,000.00 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.

B0002 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).

B0003 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. All Task Orders (TOs) will be awarded on a Firm-Fixed Price basis with Cost Reimbursable line items.

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

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$1,500.00 $45,000,000.00

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.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

000101

000201

000301

000401

000501

000601

000701

CLAUSES INCORPORATED BY FULL TEXT

52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)

(a) The use of overtime is authorized under this contract if the overtime premium cost does not exceed (To be negotiated at time of TO award and identified in CLIN 0006) or the overtime premium is paid for work --

(1) Necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature;

(2) By indirect-labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting;

(3) To perform tests, industrial processes, laboratory procedures, loading or unloading of transportation conveyances, and operations in flight or afloat that are continuous in nature and cannot reasonably be interrupted or completed otherwise; or

(4) That will result in lower overall costs to the Government.

(b) Any request for estimated overtime premiums that exceeds the amount specified above shall include all estimated overtime for contract completion and shall--

(1) Identify the work unit; e.g., department or section in which the requested overtime will be used, together with present workload, staffing, and other data of the affected unit sufficient to permit the Contracting Officer to evaluate the necessity for the overtime;

(2) Demonstrate the effect that denial of the request will have on the contract delivery or performance schedule;

(3) Identify the extent to which approval of overtime would affect the performance or payments in connection with other Government contracts, together with identification of each affected contract; and

(4) Provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel.

* Insert either "zero" or the dollar amount agreed to during negotiations. The inserted figure does not apply to the exceptions in paragraph (a)(1) through (a)(4) of the clause.

252.237-7019 TRAINING FOR CONTRACTOR PERSONNEL INTERACTING WITH DETAINEES (JUN

2013)

(a) Definitions. As used in this clause--

Combatant Commander means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161.

Detainee means a person in the custody or under the physical control of the Department of Defense on behalf of the

United States Government as a result of armed conflict or other military operation by United States armed forces.

Personnel interacting with detainees means personnel who, in the course of their duties, are expected to interact with detainees.

(b) Training requirement. This clause implements Section 1092 of the National Defense Authorization Act for Fiscal

Year 2005 (Pub. L. 108-375).

(1) The Combatant Commander responsible for the area where a detention or interrogation facility is located will arrange for training to be provided to contractor personnel interacting with detainees. The training will address the international obligations and laws of the United States applicable to the detention of personnel, including the Geneva

Conventions. The Combatant Commander will arrange for a training receipt document to be provided to personnel who have completed the training.

(2)(i) The Contractor shall arrange for its personnel interacting with detainees to--

(A) Receive the training specified in paragraph (b)(1) of this clause--

(1) Prior to interacting with detainees, or as soon as possible if, for compelling reasons, the Contracting Officer authorizes interaction with detainees prior to receipt of such training; and

(2) Annually thereafter; and

(B) Provide a copy of the training receipt document specified in paragraph (b)(1) of this clause to the Contractor for retention.

(ii) To make these arrangements, the following points of contact apply:

(Contracting Officer to insert applicable point of contact information cited in PGI 237.171-3(b).)

(3) The Contractor shall retain a copy of the training receipt document(s) provided in accordance with paragraphs

(b)(1) and (2) of this clause until the contract is closed, or 3 years after all work required by the contract has been completed and accepted by the Government, whichever is sooner.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for commercial items, that may require subcontractor personnel to interact with detainees in the course of their duties.

(End of clause)

Section C - Descriptions and Specifications

DESCRIPTIONS AND SPECIFICATION

SECTION C

PWS

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

CONTRACT LINE ITEM #S DESCRIPTION/SPECIFICATIONS PAGES

All

Performance Work Statement (PWS) for Systems Engineering and Technical

Assistance (SETA V) Services, with

Appendices

(Attachment 4)

21 Pages (excluding

Appendices)

Section D - Packaging and Marking

PACKAGING AND MARKING

D0001 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.

D0002 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

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:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

ALL Destination Government Destination Government

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

000101 Destination Government Destination Government

0002 Destination Government Destination Government

000201 Destination Government Destination Government

0003 Destination Government Destination Government

000301 Destination Government Destination Government

0004 Destination Government Destination Government

000401 Destination Government Destination Government

0005 Destination Government Destination Government

000501 Destination Government Destination Government

0006 Destination Government Destination Government

000601 Destination Government Destination Government

0007 Destination Government Destination Government

000701 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

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

52.246-6 Inspection--Time-And-Material And Labor-Hour MAY 2001

52.246-15 Certificate of Conformance APR 1984

52.246-16 Responsibility For Supplies APR 1984

Section F - Deliveries or Performance

DELIVERIES OR PERFORMANCE

F0001 PERIOD OF PERFORMANCE

The Period of Performance under this contract shall commence upon receipt of a fully executed contract. The

Ordering Period under this contract shall be five (5) years from date of award for ordering purposes. Period of performance for tasks under items 0001 – 0007 will be specified on DD Forms 1155. Performance of task orders issued against this basic contract may continue up to 12 months after the end of the ordering period. An Option

Period of 6 additional months may be exercised using FAR clause 52.217-8 "Option to Extend Services" to extend the performance period of the base year or option year of a task order beyond the normal task order 12 months performance period.

F0002 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.

F0003 PERIOD OF CONTRACT

a. Ordering period under this contract shall be 5-years from Date of Contract Award.

b. Individual Task Orders Base/Option CLINs 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

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

ALL 5 Years after Date of

Contract Award

N/A As specified in individual Task Orders FA0021

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 5 yrs. ADC 1 765TH SPECIALIZED CONTRACTING

FLIGHT

MARTIN A. MUNIZ

ATTN: MAJOR MARTIN A. MUNIZ

427 CODY AVE, BLDG 90333, SUITE 213

HURLBURT FIELD FL 32544-5407

850-884-7829

FA0021

000101 N/A N/A N/A N/A

0002 5 yrs. ADC 765TH SPECIALIZED CONTRACTING

MARTIN A. MUNIZ

ATTN: MAJOR MARTIN A. MUNIZ

427 CODY AVE, BLDG 90333, SUITE 213

HURLBURT FIELD FL 32544-5407

850-884-7829

000201 N/A N/A N/A N/A

0003 5 yrs. ADC 765TH SPECIALIZED CONTRACTING

MARTIN A. MUNIZ

ATTN: MAJOR MARTIN A. MUNIZ

427 CODY AVE, BLDG 90333, SUITE 213

HURLBURT FIELD FL 32544-5407

850-884-7829

000301 N/A N/A N/A N/A

0004 5 yrs. ADC 765TH SPECIALIZED CONTRACTING

MARTIN A. MUNIZ

ATTN: MAJOR MARTIN A. MUNIZ

427 CODY AVE, BLDG 90333, SUITE 213

HURLBURT FIELD FL 32544-5407

850-884-7829

000401 N/A N/A N/A N/A

0005 5 yrs. ADC 765TH SPECIALIZED CONTRACTING

MARTIN A. MUNIZ

ATTN: MAJOR MARTIN A. MUNIZ

427 CODY AVE, BLDG 90333, SUITE 213

HURLBURT FIELD FL 32544-5407

850-884-7829

000501 N/A N/A N/A N/A

0006 5 yrs. ADC 765TH SPECIALIZED CONTRACTING

MARTIN A. MUNIZ

ATTN: MAJOR MARTIN A. MUNIZ

427 CODY AVE, BLDG 90333, SUITE 213

HURLBURT FIELD FL 32544-5407

850-884-7829

000601 N/A N/A N/A N/A

0007 5 yrs. ADC 765TH SPECIALIZED CONTRACTING

MARTIN A. MUNIZ

ATTN: MAJOR MARTIN A. MUNIZ

427 CODY AVE, BLDG 90333, SUITE 213

HURLBURT FIELD FL 32544-5407

850-884-7829

000701 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.211-16 Variation In Quantity APR 1984

52.242-15 Stop-Work Order AUG 1989

52.242-17 Government Delay Of Work APR 1984

52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

G0001 ACCOUNTING AND APPROPRIATION DATA

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

G0002 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).

G0003 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

Maj Martin Muniz, 765 SCONF, 427 Cody Ave, Hurlburt Field, FL 32544-5407

Telephone (850) 884-4770 FAX (850) 884-2476

E-mail Martin.Muniz@us.af.mil

Contract Administrator

Mr Kurt Buchanan, 765 SCONF, 427 Cody Ave, Hurlburt Field, FL 32544-5407

Telephone (850) 884-3196 FAX (850) 884-2476

E-mail Kurt.Buchanan.1@us.af.mil

G0004 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.

mailto:Martin.Muniz@us.af.mil mailto:Kurt.Buchanan.1@us.af.mil

(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 invoice 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 H0012, 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. Short duration trips shall be invoiced only after completion, and invoicing shall be for the complete trip. Longer duration trips, i.e., 90-day deployments, may be invoiced on a monthly basis and shall be for all expenses incurred for the period invoiced.

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 0005.

4. 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.

5. 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.

G0005 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 the prime contractor and all subcontractors.

G0006 IDENTIFICATION OF QUALITY ASSURANCE PERSONNEL

(a) Quality assurance personnel are designated as CORs for SETA V 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.

G0007 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.

(b) 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

G0008 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 0007 with adequate funding appropriated at the subCLIN level to reimburse NMGRT when applicable. To receive reimbursement, the contractor shall provide the CO/CA a copy of the CRS-1 Form filed with the New Mexico Taxation and Revenue Department, a copy of the payment confirmation received from the NM Tax Department, and the information in Paragraph c below prior to submitting the invoice for NMGRT in Wide Area Work Flow (WAWF). 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.

(c) To identify taxable receipts that comprise the total amount invoiced, provide the following information on an

Excel worksheet when submitting the information 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.

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

SPECIAL CONTRACT REQUIREMENTS

H0001 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 AFICA

765SCONF 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 AFICA

765SCONF or SOAL-K as appropriate, stating the grounds for disagreement with the CO’s decision. The

HQ AFSOC/765SCONF 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, may 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, if established, 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.

H0002 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). Non-compliance may result in a negative assessment in the

Contractor Performance Assessment Reporting System (CPARS) and will be one of the determining factors for “Off-

Ramping” under this basic contract.

H0003 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. The contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with the following:

1) If one or more of the key personnel for whatever reason becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 workdays, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall, subject to the concurrence of the CO or his authorized representative, promptly replace such personnel with personnel of at least substantially equal ability and qualifications.

2) All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions along with the résumé of the substitute. The CO or his authorized representative will evaluate such requests and promptly notify the contractor of his approval or disapproval thereof in writing.

(b) Waivers for experience over education will be reviewed on a case-by-case basis. If approved, the waiver shall only pertain to the TO the employee is proposed to support and not the basic contract. It is the Government’s intent to obtain intellectual capital support, so waivers should be kept to a minimum. When a waiver is requested, a résumé with supporting rationale for the waiver will be submitted to the CO. The approval of the waiver shall be received in writing from the CO before placing the person on a TO.

H0004 SECURITY CLASSIFICATION

(a) The work contracted for is related to and is connected with National Defense. No information relating to the work shall be communicated, transmitted, or disclosed to any person not entitled to receive it. Generally, all contractor personnel assigned to work requiring access to the Local Area Network (LAN) shall require a National

Agency Check with Inquiries (NAC-I) . Security clearance requirements for personnel will be identified in individual TO PWSs.

(b) The contractor shall be guided by and safeguard all classified information either generated by or received under the contract in accordance with the DD Form 254, Contract Security Classification Specification, provided as an attachment to the PWS as listed in Section J. TOs issued under this contract shall have a task order-specific DD

Form 254 as an attachment to the TO. All personnel assigned to work on a TO under this contract that require access to classified materials will be required to have or be eligible to attain, at time of TO award, the appropriate clearance required by the TO DD Form 254.

H0005 GOVERNMENT-FURNISHED PROPERTY

(a) For task orders awarded under SETA V, Government property matters shall follow the same policies and procedures under FAR Part 45, DFARS Part 245, and AFFARS 5345. FAR Part 45 does not apply to Government property that is incidental to the requirement, when the task order requires Contractor personnel to be located on

Government site or installation, and when the property used by the Contractor within the location remains accountable to the Government.

(b) Unless otherwise specified in the task order RFP, the Contractor shall provide all office equipment and consumable supplies at the Contractor’s sole and exclusive expense, including computers/workstations used in daily operation in support of SETA V.

(c) Pursuant to the "Government Property" clause herein, the Government will furnish the item(s) of property listed below as Government-Furnished Property to the contractor, F.O.B., for use in performance of this contract.

ITEM NR DESC QTY

TO BE SPECIFIED WITHIN EACH INDIVIDUAL TO

H0006 INSURANCE REQUIREMENTS – WORK ON A GOVERNMENT INSTALLATION

(a) The kinds and minimum amounts of insurance required in accordance with 52.228-5 "Insurance-Work on a

Government Installation" are as follows (see FAR 28.307-2):

Type Amount

Automobile Liability insurance written on the comprehensive form of policy

$200,000/person and $500,000/occurrence for bodily injury, $20,000/occurrence for property damage

Comprehensive General Liability written on the comprehensive form of policy

$500,000/occurrence for bodily injury

Workers Compensation & Occupational

Disease

As required by Federal and State Statutes

Employer’s Liability…