08-R-0012.doc

Section A - Solicitation/Contract Form

SPECIAL NOTICE

NOTICE OF SOURCE SELECTION

You are hereby notified that a source selection is in progress for Aircraft Maintenance at Luke AFB, AZ. The Contracting Officer or their representatives are the only persons authorized to contact Offerors, and the Contracting Officer is the only person authorized to release information regarding an ongoing Source Selection. Refer questions or communications concerning this solicitation directly to the Contracting Officer, Mr. Myles Rellstab at AETC CONS/LGCI, 2035 FIRST STREET WEST, RANDOLPH AFB TX 78150-4302, tel. (210) 652-7756 and e-mail myles.rellstab@randolph.af.mil or the Contract Negotiator, Ms. Germaine Miller, same address, tel. (210) 652-6523 and e-mail germaine.miller@randolph.af.mil.

NOTICES TO OFFERORS

Although full funding is not currently available for this project, this solicitation is issued in good faith and funding is anticipated. The Government’s obligation under this contract is, however, contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. Your attention is drawn to Section I Clause 52.232-18.

The Government reserves the right to cancel this solicitation if it is determined that no offeror has submitted a proposal that is economically feasible.

All solicitation documents will be posted to www.fedbizopps.gov. It is the responsibility of each offeror to review the web page for notice of amendments, updates or changes to current information.

The receipt of proposal information, including past performance and financial capability information, is subject to FAR 52.215-1(c)(3)(ii)(A), Instructions of Offerors—Competitive Acquisitions.

Mark all envelopes “SOURCE SELECTION SENSITIVE - TO BE OPENED BY ADDRESSEE ONLY”.

In order for Offerors to receive a DoD contract, Offerors must be registered in the central contractor registration (CCR) system. Registration may be completed at the following website: http://www.ccr.gov.

The contractor agrees to hold its offered prices firm for the items solicited herein and to accept any resulting contract subject to the terms and conditions stated herein for 240 days from the date set forth in SF33, block 9.

Offerors are required to submit their representations and certifications electronically through the Business Partner network (BPN) at http://www.bpn.gov. Offerors who are neither registered in CCR nor who have supplied their reps and certs through BPN may be ineligible for award.

Please note clauses B-2, Sortie Adjustments, and B-5, Price Adjustment for Change in Total Active Inventory (TAI) without a Corresponding Increase or Decrease in Number of Sorties. The proposed rates are to be filled in as part of those clauses. Failure to complete the tables in B-2 and B-5 could disqualify an Offeror with an otherwise acceptable offer.

Section B - Supplies or Services and Prices

F-16 Aircraft Maintenance

FPI

Taiwan Air Force

FMS Case: TW-D-NHD

This CLIN includes, all work associated with the maintenance, service, ground handling, launch, recovery, inspection and repair of all unit-assigned F-16 aircraft, engines, and associated mission support equipment in order to meet flying training, and aircrew/instructor qualification/currency requirements.

FOB: Destination

SIGNAL CODE: A

TARGET COST ____________________

TARGET PROFIT (X% of Target Cost) (______% ) ____________________

TOTAL TARGET PRICE ____________________

CEILING PRICE (X% of Target Cost) (______% ) ____________________

SHARE FORMULA: Government / Contractor

SHARE RATIO ABOVE TARGET ______% / ______%

SHARE RATIO BELOW TARGET ______% / ______%

Lot

Micro Purchase Program

COST

In accordance with the PWS, this CLIN covers small aircraft parts, tools, services, etc to repair aircraft and equipment. Each purchase must receive prior approval from the 21 FS/CCR RA. No overhead, G&A or profit may be applied to this CLIN. THE CLIN AMOUNT WILL BE NOT TO EXCEED $120,000.00.

Lot

Travel

COST

This is a Cost Reimbursement CLIN with a NOT TO EXCEED amount set by the government. In accordance with the PWS, this CLIN provides reimbursement for service provider government required training, government required conference, off station recovery, and deployments. No overhead, G&A or profit may be applied to this CLIN. THIS CLIN AMOUNT WILL BE NOT TO EXCEED $300,000.00.

Vehicles

FFP

The service provider shall provide sufficient and appropriate general purpose vehicle(s) as needed to support the required workload and the contractor will replace special purpose vehicles when no longer serviceable IAW PWS Section 2.1.24.17 through 2.1.24.30.

NET AMT

Each

Sortie Adjustment Rate

Please refer to the Sortie Adjustment Clause in Section B.

NET AMT

Each

TAI Adjustment Rate

Please refer to the TAI Adjustment Clause in Section B.

NET AMT

Mobilization/Transition

Please refer to Mobilization Clause in Section B.

NET AMT

FPI

Taiwan Air Force

FMS Case: TW-D-NHD

This CLIN includes, all work associated with the maintenance, service, ground handling, launch, recovery, inspection and repair of all unit-assigned F-16 aircraft, engines, and associated mission support equipment in order to meet flying training, and aircrew/instructor qualification/currency requirements.

TARGET COST ____________________

TOTAL TARGET PRICE ____________________

CEILING PRICE (X% of Target Cost) (______% ) ____________________

SHARE FORMULA: Government / Contractor

SHARE RATIO BELOW TARGET ______% / ______%

Lot

COST

In accordance with the PWS, this CLIN covers small aircraft parts, tools, services, etc to repair aircraft and equipment. Each purchase must receive prior approval from the 21 FS/CCR RA. No overhead, G&A or profit may be applied to this CLIN. THE CLIN AMOUNT WILL BE NOT TO EXCEED $120,000.00.

Lot

COST

This is a Cost Reimbursement CLIN with a NOT TO EXCEED amount set by the government. In accordance with the PWS, this CLIN provides reimbursement for service provider government required training, government required conference, off station recovery, and deployments. No overhead, G&A or profit may be applied to this CLIN. THIS CLIN AMOUNT WILL BE NOT TO EXCEED $300,000.00.

FFP

The service provider shall provide sufficient and appropriate general purpose vehicle(s) as needed to support the required workload and the contractor will replace special purpose vehicles when no longer serviceable IAW PWS Section 2.1.24.17 through 2.1.24.30.

NET AMT

Each

FFP

Please refer to the Sortie Adjustment Clause in Section B.

NET AMT

Each

FFP

Please refer to the TAI Adjustment Clause in Section B.

NET AMT

FPI

Taiwan Air Force

FMS Case: TW-D-NHD

This CLIN includes, all work associated with the maintenance, service, ground handling, launch, recovery, inspection and repair of all unit-assigned F-16 aircraft, engines, and associated mission support equipment in order to meet flying training, and aircrew/instructor qualification/currency requirements.

TARGET COST ____________________

TOTAL TARGET PRICE ____________________

CEILING PRICE (X% of Target Cost) (______% ) ____________________

SHARE FORMULA: Government / Contractor

SHARE RATIO BELOW TARGET ______% / ______%

Lot

COST

In accordance with the PWS, this CLIN covers small aircraft parts, tools, services, etc to repair aircraft and equipment. Each purchase must receive prior approval from the 21 FS/CCR RA. No overhead, G&A or profit may be applied to this CLIN. THE CLIN AMOUNT WILL BE NOT TO EXCEED $120,000.00.

Lot

COST

This is a Cost Reimbursement CLIN with a NOT TO EXCEED amount set by the government. In accordance with the PWS, this CLIN provides reimbursement for service provider government required training, government required conference, off station recovery, and deployments. No overhead, G&A or profit may be applied to this CLIN. THIS CLIN AMOUNT WILL BE NOT TO EXCEED $300,000.00.

FFP

The service provider shall provide sufficient and appropriate general purpose vehicle(s) as needed to support the required workload and the contractor will replace special purpose vehicles when no longer serviceable IAW PWS Section 2.1.24.17 through 2.1.24.30.

NET AMT

Each

FFP

Please refer to the Sortie Adjustment Clause in Section B.

NET AMT

Each

FFP

Please refer to the TAI Adjustment Clause in Section B.

NET AMT

FPI

Taiwan Air Force

FMS Case: TW-D-NHD

This CLIN includes, all work associated with the maintenance, service, ground handling, launch, recovery, inspection and repair of all unit-assigned F-16 aircraft, engines, and associated mission support equipment in order to meet flying training, and aircrew/instructor qualification/currency requirements.

TARGET COST ____________________

TOTAL TARGET PRICE ____________________

CEILING PRICE (X% of Target Cost) (______% ) ____________________

SHARE FORMULA: Government / Contractor

SHARE RATIO BELOW TARGET ______% / ______%

Lot

COST

In accordance with the PWS, this CLIN covers small aircraft parts, tools, services, etc to repair aircraft and equipment. Each purchase must receive prior approval from the 21 FS/CCR RA. No overhead, G&A or profit may be applied to this CLIN. THE CLIN AMOUNT WILL BE NOT TO EXCEED $120,000.00.

Lot

COST

This is a Cost Reimbursement CLIN with a NOT TO EXCEED amount set by the government. In accordance with the PWS, this CLIN provides reimbursement for service provider government required training, government required conference, off station recovery, and deployments. No overhead, G&A or profit may be applied to this CLIN. THIS CLIN AMOUNT WILL BE NOT TO EXCEED $300,000.00.

FFP

The service provider shall provide sufficient and appropriate general purpose vehicle(s) as needed to support the required workload and the contractor will replace special purpose vehicles when no longer serviceable IAW PWS Section 2.1.24.17 through 2.1.24.30.

NET AMT

Each

FFP

Please refer to the Sortie Adjustment Clause in Section B.

NET AMT

Each

FFP

Please refer to the TAI Adjustment Clause in Section B.

NET AMT

FPI

Taiwan Air Force

FMS Case: TW-D-NHD

This CLIN includes, all work associated with the maintenance, service, ground handling, launch, recovery, inspection and repair of all unit-assigned F-16 aircraft, engines, and associated mission support equipment in order to meet flying training, and aircrew/instructor qualification/currency requirements.

TARGET COST ____________________

TOTAL TARGET PRICE ____________________

CEILING PRICE (X% of Target Cost) (______% ) ____________________

SHARE FORMULA: Government / Contractor

SHARE RATIO BELOW TARGET ______% / ______%

Lot

COST

In accordance with the PWS, this CLIN covers small aircraft parts, tools, services, etc to repair aircraft and equipment. Each purchase must receive prior approval from the 21 FS/CCR RA. No overhead, G&A or profit may be applied to this CLIN. THE CLIN AMOUNT WILL BE NOT TO EXCEED $120,000.00.

Lot

COST

This is a Cost Reimbursement CLIN with a NOT TO EXCEED amount set by the government. In accordance with the PWS, this CLIN provides reimbursement for service provider government required training, government required conference, off station recovery, and deployments. No overhead, G&A or profit may be applied to this CLIN. THIS CLIN AMOUNT WILL BE NOT TO EXCEED $300,000.00.

FFP

The service provider shall provide sufficient and appropriate general purpose vehicle(s) as needed to support the required workload and the contractor will replace special purpose vehicles when no longer serviceable IAW PWS Section 2.1.24.17 through 2.1.24.30.

NET AMT

Each

FFP

Please refer to the Sortie Adjustment Clause in Section B.

NET AMT

Each

FFP

Please refer to the TAI Adjustment Clause in Section B.

NET AMT

FPI

Taiwan Air Force

FMS Case: TW-D-NHD

This CLIN includes, all work associated with the maintenance, service, ground handling, launch, recovery, inspection and repair of all unit-assigned F-16 aircraft, engines, and associated mission support equipment in order to meet flying training, and aircrew/instructor qualification/currency requirements.

TARGET COST ____________________

TOTAL TARGET PRICE ____________________

CEILING PRICE (X% of Target Cost) (______% ) ____________________

SHARE FORMULA: Government / Contractor

SHARE RATIO BELOW TARGET ______% / ______%

Lot

COST

In accordance with the PWS, this CLIN covers small aircraft parts, tools, services, etc to repair aircraft and equipment. Each purchase must receive prior approval from the 21 FS/CCR RA. No overhead, G&A or profit may be applied to this CLIN. THE CLIN AMOUNT WILL BE NOT TO EXCEED $120,000.00.

Lot

COST

This is a Cost Reimbursement CLIN with a NOT TO EXCEED amount set by the government. In accordance with the PWS, this CLIN provides reimbursement for service provider government required training, government required conference, off station recovery, and deployments. No overhead, G&A or profit may be applied to this CLIN. THIS CLIN AMOUNT WILL BE NOT TO EXCEED $300,000.00.

FFP

The service provider shall provide sufficient and appropriate general purpose vehicle(s) as needed to support the required workload and the contractor will replace special purpose vehicles when no longer serviceable IAW PWS Section 2.1.24.17 through 2.1.24.30.

NET AMT

Each

FFP

Please refer to the Sortie Adjustment Clause in Section B.

NET AMT

Each

FFP

Please refer to the TAI Adjustment Clause in Section B.

NET AMT

FPI

Taiwan Air Force

FMS Case: TW-D-NHD

This CLIN includes, all work associated with the maintenance, service, ground handling, launch, recovery, inspection and repair of all unit-assigned F-16 aircraft, engines, and associated mission support equipment in order to meet flying training, and aircrew/instructor qualification/currency requirements.

TARGET COST ____________________

TOTAL TARGET PRICE ____________________

CEILING PRICE (X% of Target Cost) (______% ) ____________________

SHARE FORMULA: Government / Contractor

SHARE RATIO BELOW TARGET ______% / ______%

Lot

COST

In accordance with the PWS, this CLIN covers small aircraft parts, tools, services, etc to repair aircraft and equipment. Each purchase must receive prior approval from the 21 FS/CCR RA. No overhead, G&A or profit may be applied to this CLIN. THE CLIN AMOUNT WILL BE NOT TO EXCEED $120,000.00.

Lot

COST

This is a Cost Reimbursement CLIN with a NOT TO EXCEED amount set by the government. In accordance with the PWS, this CLIN provides reimbursement for service provider government required training, government required conference, off station recovery, and deployments. No overhead, G&A or profit may be applied to this CLIN. THIS CLIN AMOUNT WILL BE NOT TO EXCEED $300,000.00.

FFP

The service provider shall provide sufficient and appropriate general purpose vehicle(s) as needed to support the required workload and the contractor will replace special purpose vehicles when no longer serviceable IAW PWS Section 2.1.24.17 through 2.1.24.30.

NET AMT

Each

FFP

Please refer to the Sortie Adjustment Clause in Section B.

NET AMT

Each

FFP

Please refer to the TAI Adjustment Clause in Section B.

NET AMT

SECTION B CLAUSES

Section B Clauses

B-1. MOBILIZATION

All costs for recruiting, staffing, training, qualifying, and start up shall be included in the Mobilization CLIN as a firm, fixed price.

B-2. SORTIE ADJUSTMENTS

a. The number of sorties listed in the workload data represents the Government's best estimate of the sorties to be flown per contract period. The contractor shall be responsible for support of all flying training requirements for assigned aircraft that may generate for 21st Fighter Squadron at Luke AFB AZ during the period of performance of this contract.

b. For the basic and option periods, any difference between the contract award sorties specified in Section 3, Appendix 3A and the actual sorties flown will be reconciled by an adjustment to the contract in the form of a modification under the authority of the Changes clause and this clause, using the rates in the Sortie Adjustment CLIN X005.

c. The sortie adjustment rate proposed shall include projected annual labor rate increases for all affected workers, service contract act covered and otherwise. Sortie adjustment rates will not be subject to annual adjustments under provisions of FAR 52.222-43

d. The following rates (to be provided by the Offeror) will be used when calculating sortie adjustments.

Flying Training Sortie Projection:

B-3. WAGE PASS THROUGH ADJUSTMENT COSTS

a. This contract is subject to the requirements of the Service Contract Act as amended, and attention is invited to the obligations of the contractor under Section 4(c) of the amended Service Contract Act. Any questions regarding the extent to these obligations should be addressed to the Department of Labor.

b. All wage pass through adjustment costs will be processed in accordance with FAR 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts.) FAR 52.222-43 prohibits fee on wage pass through adjustments. Salaries of project managers, non-working supervisors, and other indirect salaried employees are excluded. No adjustment will be made after award for failure to propose increases for salary and fringe benefits for option period(s) for personnel NOT covered by the wage determination.

B-4 AIRCRAFT OFF STATION RECOVERY

The offeror shall only recover aircraft assigned to the 21FS. Costs for recovery of assigned aircraft shall be included in TARGET COSTS. However, travel costs for recovery of aircraft are to be included in the Travel CLIN.

B-5 PRICE ADJUSTMENT FOR CHANGE IN TOTAL ACTIVE INVENTORY (TAI) AIRCRAFT, WITHOUT A CORRESPONDING INCREASE OR DECREASE IN NUMBER OF SORTIES:

a. The number of total active inventory (TAI) aircraft listed in Section 3, Appendix 3A, represents the government’s best current estimate of the number of aircraft that the contractor will maintain during the course of this contract. However, subject to the limitations of the general scope and level of workload as described in the Performance Work Statement (PWS) and Appendices, it is understood that a particular aircraft may be replaced by another aircraft of the same type, and the number of aircraft categorized as backup, aerospace vehicle inventory or attrition reserve may change from time to time. Except as outlined in this clause, such changes, within reasonable threshold, are considered to be normal, and neither party shall be entitled to an equitable adjustment simply by virtue of such fluctuations.

b. If the number of TAI aircraft increase or decrease by more than 7.5%, without a corresponding cumulative increase or decrease in the number of sorties flown for more than 90 consecutive days, the price shall be adjusted in accordance with the prices in CLINs 0006, 1006, 2006, 3006, 4006, 5006, and 6006, in accordance with the “Changes” clause in this contract. The price proposed by the contractor in CLINS 0006, 1006, 2006, 3006, 4006, 5006 and 6006 represent the contractor’s total price per aircraft for increase or decrease in TAI.

c. TAI adjustments due to increases or decreases in numbers of aircraft represent work changes. This work consists of variations in preflight, thru-flight, and basic post-flight inspections; ground handling; servicing; washes; calendar inspections; TCTO and one-time inspection requirements; and transfer/acceptance inspections. TAI rates shall include projected annual labor rate increases, as they will not be subject to annual adjustments under provisions of FAR 52.222-43.

d. The following rates (to be provided by the Offeror) will be used when calculating TAI adjustments.

Total Aircraft Inventory:

(-/+ 7.5%) Current TAI

B-6 TRAVEL

All government required travel, such as for mandatory training and conferences, off station recovery and deployments shall be included in CLINs 0003, 1003, 2003, 3003, 4003, 5003, and 6003. Rates shall not exceed the Federal Travel Regulation (FTR) rates and no overhead, G&A or profit shall be paid on travel. Evidence of the required travel shall be attached to the invoices submitted to the contracting officer.

B-7 TRANSFER

Refer to paragraph 3.1.11.1. in the PWS. Proposed price of preparing the aircraft and equipment for transfer back to the Foreign Military Sales (FMS) country shall include projected annual labor rate increases, as they will not be subject to annual adjustments under provisions of FAR 52.222-43. Transfer price shall include G&A and profit since this item is below target price.

B-8 VEHICLES

The contractor is responsible for providing vehicles for this contract as stated in the PWS. The amount for vehicles proposed for each contract period shall include G&A and profit.

Section C - Descriptions and Specifications

PWS

The Performance Work Statement is attached as Section J, Attachment 1.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

POP & PLACE OF PERFORMANCE

Performance under this contract shall be:

Place of Performance:

Services under this contract are required to be performed at the following location(s):

Principal location: LUKE AFB, AZ.

DELIVERY INFORMATION

28-FEB-2010

VIRGINIA WALTMAN

315 J STREET WEST

RANDOLPH AFB TX 78150

210-652-2899

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28-FEB-2010

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28-FEB-2010

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28-FEB-2010

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28-FEB-2010

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28-FEB-2010

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31-MAR-2009

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28-FEB-2011

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28-FEB-2011

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28-FEB-2011

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28-FEB-2011

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28-FEB-2011

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28-FEB-2011

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29-FEB-2012

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29-FEB-2012

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29-FEB-2012

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29-FEB-2012

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29-FEB-2012

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29-FEB-2012

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28-FEB-2013

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28-FEB-2013

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28-FEB-2013

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28-FEB-2013

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28-FEB-2013

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28-FEB-2013

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28-FEB-2014

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28-FEB-2014

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28-FEB-2014

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28-FEB-2014

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28-FEB-2014

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28-FEB-2014

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28-FEB-2015

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28-FEB-2015

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28-FEB-2015

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28-FEB-2015

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28-FEB-2015

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28-FEB-2015

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29-FEB-2016

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29-FEB-2016

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29-FEB-2016

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29-FEB-2016

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29-FEB-2016

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29-FEB-2016

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CLAUSES INCORPORATED BY REFERENCE

Section G - Contract Administration Data

PAYMENT INSTRUCTIONS

1. SUBMISSION OF INVOICES. The Contractor shall prepare one combined invoice and receiving report through the Wide Area Workflow (WAWF) online system. The invoice shall be broken out according to the contract line item number (CLIN) for each function indicating the applicable line of accounting. Registration information, invoicing procedures, software downloads and web based training are available at https://rmb.ogden.disa.mil. The contractor must have an electronic business point of contact listed in their Central Contractor Registration (CCR) listing prior to using WAWF.

The designated Government representative will be notified via e-mail when the invoice is in the WAWF system. They will either approve the invoice or coordinate with the contractor if it is not acceptable.

2. APPROPRIATED FUND SUPPORT OF SUPPLIES AND EQUIPMENT TO BE ISSUED TO

CONTRACTOR ACTIVITIES

a. Wing Comptroller:

(1) Fiscal Year Funds Program: Annually as soon as available on or after the first day of the fiscal year, the Wing Comptroller will provide through the ACO to the contractor a total fiscal year funds program document reflecting funds support that can be anticipated for each major area of activity (i.e., contractor aircraft maintenance, operation and maintenance, transportation, military family housing and all other activities), which has been promulgated and approved by the Wing Financial Management Board (FMB) to cover the costs of supplies and equipment to be issued from the Air Force stock fund inventories for the contractor authorized requests. The fiscal year funds program cannot be reprogrammed between each major activity without prior approval of the FMB by way of request through the ACO to the Wing Comptroller. The fiscal year fund program is the basis for communicating and justifying necessary changes for supplies and equipment fund support. Revisions to the document can and will take place as driven by such directives and FMB determination. Requests for fiscal year funds program change by the contractor will be considered by the FMB at any time desired.

(2) Cumulative Quarter Dollar Authorization: Prior to the beginning of the fiscal year or new quarter, the contractor will be required to submit through the ACO to the Wing Comptroller quarterly targets required for the upcoming quarter. Relative to the fiscal year funds program, the contractor has complete flexibility to distribute the cumulative quarterly dollars in such a manner to achieve a balanced operation of activities through the current quarter. Upon determination that there is insufficient quarterly authority, the contractor will identify remaining dollar requirements to proceed through the remainder of the current quarter. The contractor shall not exceed quarterly expenditure targets without prior approval of the Contracting Officer.

(3) Monitoring Supplies and Equipment Issues to the Contractor. The Wing comptroller will establish and monitor a system which tracks the contractor’s daily supply expenditure and also projects his fund position versus his approved annual fund program an cumulative quarter dollar authorization. The projected contractor’s fund position will be presented at each Financial Working Group (FWG) and FMB for review and appropriation action. Any recommendations arrived at by the FWG and FMB will be discussed with the contractor by the ACO.

(b) Contractor:

(1) Upon receipt of the fiscal year fund program document and subsequent revision(s) thereto, the contractor will analyze and determine adequacy to accomplish the work to be performed as required in the Statement of Work. Should the contractor determine the fiscal year funds program is not adequate, the contractor will submit through the ACO to the Wing Comptroller a written request complete with detailed justification identifying shortfalls, overages and needed adjustments with a proposal of alternative actions and impact statement of the specific adjustments that will be required to stay within anticipated funding support pending action on request. No item will be unfunded at the expense of a lower priority item.

(2) The contractor will provide quarterly target load requirements through the ACO to the Wing Comptroller prior to the beginning of each quarter as requested by the Wing Comptroller. Upon receipt of each cumulative quarterly dollar authorization, and subsequent revision(s), the contractor will analyze and determine adequacy to accomplish the work to be performed as required in the Statement of Work, through the current quarter.

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

When submitting a request for payment, the Contractor shall--

(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each contract line item included in the payment request.

(End of clause)

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H-1. CLAUSES AND PROVISIONS

a. Clauses and provisions from 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.

b. Clauses and provisions in this document will be numbered in sequence, but will not necessarily appear in consecutive order.

c. Sections K, L and M will be physically removed from any resultant award, but will be deemed to be incorporated, by reference, in that award.

H-2. INCORPORATION OF CONTRACTOR’S PROPOSAL

a. The contractor’s proposal, as revised through discussions, and the Final Proposal Revision dated *___________, submitted in response to Solicitation FA3002-08-R-0012, dated 05 Sep 07, and supplemented by Amendment *_________, * ________, * ________, is incorporated into this contract by reference.

NOTE* This information will be filled in at time of Final Proposal Revision (if applicable).

b. Any written commitment by the contractor within the scope of this contract shall be binding upon the contractor. For the purpose of the contract, a written commitment by the contractor is limited to the offer submitted by the contractor as referenced in paragraph (a) above.

c. In the event an item within the contractor’s proposal fails to comply with the mandatory requirements as stated in the Performance Work Statement (PWS), the contractor shall furnish services which conform to the mandatory requirements as stated in the PWS. When the contractor’s proposal exceeds the contract PWS, the proposal will prevail. However, the contract PWS shall prevail in any other circumstances in establishing the requirement. Establishment of the technical proposal as the basis for the performance does not waive, negate, or reduce any requirement stated in the Government specification. The Government’s failure, prior to award, to discover and advise the contractor of any deficiency of the technical proposal in meeting any of the minimum requirements of the Government specifications shall not relieve the contractor from compliance with all of the requirements stated in the Government specifications.

H-3. REQUIRED INSURANCE

(IAW FAR 28.306(b))

Reference FAR clause 52.228-5, "Insurance – Work on a Government Installation" the Contractor shall, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract.

a. Workers’ Compensation and Employer’s Liability Insurance. Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statues. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

b. General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

c. Automobile Liability Insurance. This insurance shall be required on the comprehensive form of policy and shall provide bodily injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

H-4. TOBACCO USE IN AETC FACILITIES

Contractors are advised that the Commander has placed restrictions on the use of tobacco products in AETC facilities. Contractor employees and visitors are subject to the same restrictions as are Government personnel. Smoking and use of chewing tobacco is permitted only in designated tobacco use areas.

H-5. UTILITIES CONSERVATION

The Contractor will be required to participate in Government energy conservation programs. For the purpose of this contract, utilities such as water, electricity, etc., will be furnished by the Government at no cost to the Contractor. Long distance telephone services will not be provided.

H-6. OPTION CLAUSE LIMITATION NOTICE

This contract contains two option provisions: (i) Option to Extend Services, and (ii) Option to Extend the Term of the Contract (See FAR 52.217-8 and FAR 52.217-9). Either or both may be exercised unilaterally by the Government. The clause entitled "Option to Extend the Term of the Contract" will not be exercised after any exercise of the "Option to Extend Services" clause.

H-7. AVAILABILITY OF UTILITIES SERVICES

All reasonable required amounts of water, gas, electricity, etc., essential to contract performance, will be made available at no cost to the Contractor from existing systems, outlets, and supplies. All temporary connections, outlets, and distribution lines, as may be required, shall be installed by the Contractor at the Contractor's own expense.

H-8. CONTRACTING OFFICER'S AUTHORITY

The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority.

H-9. UNION AGREEMENTS

The contractor agrees to provide the Contracting Officer, upon request, a copy of any collective bargaining agreement applicable to employees performing on this contract.

H-10. CONTRACTOR'S ACCOUNTING SYSTEM

Contractor agrees to maintain essentially the same accounting system during the period of this contract and any subsequent contracts awarded pursuant to the extended contractual coverage resulting from this solicitation. This accounting system will also meet the requirements of Public Law 87-653 and Cost Accounting Standards under Public Law 100-679 in supporting contract pricing proposals.

H-11. TECHNICAL REPRESENTATION

The Contracting Officer (CO) will designate Quality Assurance Evaluators (QAEs) as representatives for the purpose of quality inspection and assisting the CO in the administration of the contract. Notwithstanding the previous comments of this clause or any other provisions of this contract, the Contracting Officer is the only individual authorized to redirect the effort or in any way modify any of the terms of this contract.

H-12. EXERCISE OF OPTION

a. Subject to the provisions of FAR 52.222-43, Fair Labor Standards Act and the Service Contract Act--Price Adjustment (Multi-year and Option Contracts), the target costs for each month the contract period is extended will be one-twelfth (1/12) of the target cost in effect as of the date the option is exercised. Accordingly, the target profit, target price and ceiling price will be appropriately adjusted to reflect the corresponding amounts based upon respective percentages in effect as of the date the option is exercised.

b. The percent of ceiling price to target cost; the sharing formula and all other terms and conditions of the contract will remain in force.

c. In final settlement, if the option is exercised, the extended period will be considered separately from the basic contract.

H-13. ORGANIZATIONAL CONFLICT OF INTEREST

a. The following restrictions and definitions apply to prevent conflicting roles which may bias the service provider’s judgment or objectivity, or to preclude the service provider from obtaining an unfair competitive advantage in concurrent or future acquisitions.

b. Descriptions or definitions:

1. “Service Provider” means the business entity receiving the award of this contract, its parents, affiliates, divisions, subsidiaries, and subcontractors.

2. “Proprietary Information” means all information designated as proprietary in accordance with law and regulation, and held in confidence or disclosed under restriction to prevent uncontrolled distribution. Examples include limited or restricted data, trade secrets, sensitive financial information, and computer software; and may appear in cost and pricing data or involved classified information.

c. In the performance of this contract, the service provider may perform tasks of a nature where conflicts of interest might arise under the principles of Federal Acquisition Regulation (FAR), Subpart 9.5, Organization and Consultant Conflicts of Interest. In order to prevent the existence of conflicting roles that might bias a service provider’s judgment or create an unfair competitive advantage, the prohibition in paragraphs (d) and (e) shall apply.

d. The service provider may gain access to proprietary data of other companies during contract performance. The service provider agrees to enter into company-to-company agreements to (1) protect another company’s information from unauthorized use or disclosure for as long as it is considered proprietary by the other company and (2) to refrain from using the information for any purpose other than that for which it was furnished. The service provider must thoroughly inculcate in its employees, through formal training in company policies and procedures, an awareness of the philosophy of FAR Subpart 9.5 to the end that they will be disciplined in the absolute necessity of refraining from divulging proprietary data, trade secrets, confidential information or restricted data from other companies received in connection with work under this contract to any unauthorized person. For information purposes, the service provider shall furnish copies of these agreements to the Contracting Officer. These agreements are not intended to protect information that is available to the Government or to the service provider from other sources and furnished voluntarily without restriction.

e. The service provider (including any subsidiary, affiliate, successor entity or subcontractor) shall not compete (as a prime service provider, subcontractor, main supplier, or consultant) during the period of this contract, including the extension thereof, and for three years thereafter, for the award of any contract for construction, supplies, or services for which the requirements were generated under this contract. The restriction includes privatization projects. This prohibition does not prohibit the service provider from competing on the follow-on to this contract.

f. The service provider shall include the above restrictions in all subcontracts, teaming agreements and other agreements calling for performance of work which is subject to the organizational conflict of interest restrictions identified in this clause, unless excused in writing by the Contracting Officer.

g. If the service provider discovers an organizational conflict of interest (OCI) or potential OCI with respect to this contract, the service provider agrees that a prompt and full disclosure shall be made in writing to the contracting officer, which shall include a description of the service provider’s actions proposed to avoid or mitigate such conflict(s).

H-14. PERSONAL APPEARANCE

a. Service provider personnel shall conduct daily operations involving customers in a professional/courteous manner, present a clean, neat appearance, and be easily recognized as service provider personnel.

b. Specific uniform types may be required as identified by service areas and the Collective Bargaining Agreement (CBA).

c. Management/office employees; e.g., supervisors (branch level and above), clerks, secretaries, etc. are not required to wear uniforms but shall present a conservative business appearance at all times and be easily recognized as a service provider by wearing service provider-provided name tags or photo ID badges depicting company name, employee's name, and employee's title (optional). The following apparel SHALL NOT BE WORN: apparel in a ragged and frayed condition, tank tops, halter tops, crop tops, sleeveless shirts, mesh and see through garments, exposed clothing with obscene or advertising logos or undergarment type shirts worn as exterior clothing, gym or sweat suit apparel, or any clothing that in the judgment of the Government contracting officer could present an unfavorable image or cast discredit upon the installation, its personnel, or the United States Air Force.

d. Service Provider Apparel: Recognition of service provider's personnel shall be accomplished by the wearing of distinctive clothing (uniforms or identification badges bearing the company name and/or logo) to include seasonal apparel such as jackets and coats. Service provider personnel that are above branch level shall wear badges clearly depicting the company's name and employee's name. Badges worn by supervisory personnel shall reflect the specific individual supervisor's position. As a minimum, service provider personnel below branch level will wear uniforms (shirt and pants or, where appropriate, coveralls) with embroidered badges and organizational patch (optional) that clearly depict the company name and employee name. The wearing of the union insignia on outer-wear (shirt and jacket/coat) is permitted at no cost to the Government. However, the union insignia must not exceed 13 square inches in size and must be permanently attached to the upper right sleeve of the uniform by ironing-on, sewing-on, or embroidering.

1) During periods of warm weather, the wear of undergarments (T-shirts) as outer garments is permitted; however, undershirts must be plain or may display the company logo and/or union insignia only (at no cost to the Government). The union insignia, if worn on the T-shirt, shall be silk-screened on the front chest-pocket and shall not exceed 13 square inches in size. The abbreviated name of the company and/or union shall also be permitted on the back of the T-shirt, with letters in a symmetrical pattern and not exceeding two inches in height.

2) If a cap is worn (optional), it shall have the company logo on the front. As an option, the union may furnish a cap displaying the union insignia only.