FA7022-11-R-0024 RFP as of 22 July 11.doc

PART I –THE SCHEDULE

SECTION B

SUPPLIES OR SERVICES AND PRICES

MS3 Maintenance and Sustainment

FFP

Non-Personal Services Maintenance and Sustainment: Contractor shall provide all personnel, supervision, and other services, including subcontract labor to perform as specified in the Performance Work Statement (PWS) dated 8 Apr 2010 and individual Task Order PWS. Funding will be provided by issuance of Task/Delivery Orders.

PoP: 30 Sept 2011 through 29 Sep 2016 FOB: Destination

PROJECT: T/1405

SIGNAL CODE: A

MAX

NET AMT

0001AA

MS3 Maintenance and Sustainment (PoP: 30 Sep 2011 - 29 Sep 2012)

Non-Personal Services Maintenance and Sustainment: Contractor shall provide all personnel, supervision, and other services, including subcontract labor to perform as specified in the Performance Work Statement (PWS) dated 8 Apr 2010 and individual Task Order PWS. Funding will be provided by issuance of Task/Delivery Orders.

FOB: Destination

MAX

0001AB

MS3 Maintenance and Sustainment (PoP: 30 Sep 2012 - 29 Sep 2013)

Non-Personal Services Maintenance and Sustainment: Contractor shall provide all personnel, supervision, and other services, including subcontract labor to perform as specified in the Performance Work Statement (PWS) dated 8 Apr 2010 and individual Task Order PWS. Funding will be provided by issuance of Task/Delivery Orders.

FOB: Destination

MAX

0001AC

MS3 Maintenance and Sustainment (PoP: 30 Sep 2013 - 29 Sep 2014)

Non-Personal Services Maintenance and Sustainment: Contractor shall provide all personnel, supervision, and other services, including subcontract labor to perform as specified in the Performance Work Statement (PWS) dated 8 Apr 2010 and individual Task Order PWS. Funding will be provided by issuance of Task/Delivery Orders.

FOB: Destination

MAX

0001AD

MS3 Maintenance and Sustainment (PoP: 30 Sep 2014 - 29 Sep 2015)

Non-Personal Services Maintenance and Sustainment: Contractor shall provide all personnel, supervision, and other services, including subcontract labor to perform as specified in the Performance Work Statement (PWS) dated 8 Apr 2010 and individual Task Order PWS. Funding will be provided by issuance of Task/Delivery Orders.

FOB: Destination

MAX

0001AE

MS3 Maintenance and Sustainment (PoP: 30 Sep 2015 - 29 Sep 2016)

Non-Personal Services Maintenance and Sustainment: Contractor shall provide all personnel, supervision, and other services, including subcontract labor to perform as specified in the Performance Work Statement (PWS) dated 8 Apr 2010 and individual Task Order PWS. Funding will be provided by issuance of Task/Delivery Orders.

FOB: Destination

MAX

Lump Sum

MS3 Enhancements

CPFF

Non-Personal Services Enhancements: Contractor shall provide all personnel, supervision, and other services, including subcontract labor to perform as specified in the PWS dated 8 Apr 2010 and individual Task Order PWS. Funding will be provided by issuance of Task/Delivery Orders.

PoP: 30 Sept 2011 through 29 Sep 2016

FOB: Destination

MAX COST

$15,000.00 (EST.)

FIXED FEE

TOTAL MAX COST + FEE

Lump Sum

Other Direct Costs

COST

The contractot shall perform travel as required to support performance of CLIN 0001 and 0002 on a cost reimbursable no-fee basis, in accordance with the requirements set forth in the Performance Work Statement and the Joint Travel Regulation guideline.

FOB: Destination

Not Separately Priced

Data Deliverables

The contractor shall furnish all necessary supplies and services required to deliver technical data and information in accordance with DD Form 1423, Contract Data Requirements List (CDRL). This CLIN is not separately priced. The cost of this CLIN is to be included in the cost of CLIN 0001.

FOB: Destination

MAX

Not Separately Priced

Lump Sum

PHASE-IN

COST

The contractor shall perform phase-in operations as specified as specified in the Performance Work Statement dated 8 Apr 2010. (Note: This is a one-time charge for costs associated with phase-in operations. This is a Cost Reimbursement line item--no fee.)

FOB: Destination

MAX COST

PART I –THE SCHEDULE

SECTION B

SUPPLIES OR SERVICES AND PRICES

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

Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

MAXIMUM

AMOUNT

AMOUNT

$10,000.00

$10,000,000.00

B-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.

B-2. TRAVEL AND PER DIEM

(a) Travel and per diem negotiated under CLIN 0003 shall be reimbursed in accordance with FAR 31.205-46 and the Joint Travel Regulations (JTR) Guidelines. The contractor shall use per diem allowance in lieu of actual subsistence expenses for all persons in travel status both within and outside the continental United States. Per diem shall be limited to the government JTR per diem schedule. Charges for transportation and car rental shall not exceed those stated in the JTR per diem schedule.

(b) Transportation by private vehicle for off-base travel shall be reimbursed on a mileage basis only, in lieu of the actual expenses of such transportation in accordance with the JTR Guidelines.

(c) All travel requirements in support of CLIN 0001 and 0002 must be approved in advance by the Project Officer.

B-3. CONTRACT MINIMUM/MAXIMUM AND CEILING

The guaranteed minimum is $100,000.00. The maximum amount and the ceiling for this contract awarded is $26,540,000.00. TASK ORDERS WILL BE ISSUED AS STATED IN SECTION H OF THE CONTRACT.

NOTE: Upon contract award, the Contracting Officer shall not physically include Part IV in the resultant contract, but shall retain it in the contract file. Section K shall be incorporated by reference in the contract.

B-4. OPTION TO EXTEND SERVICES

The government may require continued performance of services at the rates specified in the contract, not to exceed six (6) months, in accordance with FAR 52.217-8, Option to Extend Services. For purposes of this clause, the rates will be those in affect on the last day of contract performance, which have been determined to be fair and reasonable with the price for each month of any CLIN extended being 1/12th of the prior 12-month contract period.

B-5. IMPLEMENTATION OF LIMITATION OF FUNDS

(a) The sum allotted to this contract and available for payment of costs under CLIN 0001, 0002, and 0003 in accordance with the clause in Section I entitled “Limitation of Funds” is determined per individual task order.

(b) In addition to the amount allotted under the “Limitation of Funds” clause, the total amount of $ determined per individual task order is obligated for payment of fee for work completed under CLIN 0002.

B-6. PHASE-IN

Contract Line Item Number (CLIN) 0005 is designated for performance of phase-in activities. In the event the incumbent is not awarded this contract, this CLIN will be activated at contract award. The Contracting Officer may execute this CLIN and associated SubCLINs concurrently with contract award. The end date of the phase-in will be two (2) months after the date of contract award. The contractor will be allowed to incur costs under the remaining CLINs during the phase-in period.

PART I – THE SCHEDULE

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C-1. The following documents, which constitute the work description, specifications and Performance Work Statement to define the task requirements for performance under this contract, are hereby incorporated into this contract by reference or full text:

(a) Performance Work Statements are classified and will be provided under separate cover.

(b) All other exhibits and attachments are identified in Part III, Section J of this solicitation and resultant contract.

PART I – THE SCHEDULE

SECTION D

PACKAGING AND MARKING

D-1. PACKAGING AND MARKING

(a) Packaging and marking of technical data to be delivered pursuant to the provisions of this contract shall be in accordance with contractor’s standard commercial practices and the Contract Data Requirements Lists (CDRLs) (Exhibit A) and DD Form 254 (Attachment 2) as applicable.

(b) Items designated by the Government Program Manager will be packed and shipped according to the contractor’s standard commercial practice. Registered mail will be used when shipping data. When required by the urgencies arising out of the performance of the work, and when approved in advance by the Government Program Manager, the contractor may use air express or air freight services to expedite the shipment of the item.

PART I – THE SCHEDULE

SECTION E

INSPECTION AND ACCEPTANCE

E-1. POINT OF INSPECTION

(a) The Government reserves the right to perform quality assurance inspections at the contractor’s place of performance identified in this contract. The Government will inspect the contractor’s submissions (deliverables), and products as specified in this contract. To accomplish these inspections, the Contracting Officer will appoint Contracting Officer Representative (COR).

(b) Inspection of the services performed under this contract shall be accomplished by COR, AFTAC/TMNX, Patrick AFB, FL 32925-3002. The Project Officer, AFTAC/TMAE, Patrick AFB FL 32925-3002 shall accomplish acceptance of the services performed under this contract.

E-2. DATA APPROVAL

Unless specific time limits are identified in the relevant CDRL item, data item description or Performance Work Statement of this contract, the following general rule(s) shall apply to Government handling of data submissions.

(a) The Government shall furnish required approvals or, in lieu thereof, comments to the contractor in accordance with the applicable CDRL.

(b) Where specified in the CDRL item “approval” by Government silence, after a stated period of time from receipt of the data item, is authorized. Automatic approval may be withheld; however, by notice to the contractor that, for reasonable cause, additional time for review is required. Action thereafter shall proceed in due course.

E-3. CONTRACTING OFFICER REPRESENTATIVE (COR)

Appointed CORs from the functional area receiving the contract services, will participate in the administration of this contract specifically to evaluate contractor performance, inspect the services for the Government, and provide a report of inspection to the Contracting Officer. This designation does not include authority to direct and/or authorize the contractor to make changes in the scope or terms of the contract without the written authority of the Contracting Officer. The Contracting Officer will notify the contractor, in writing, of the names, duties, and limitations of the CORs.

E-4. FEDERAL ACQUISITION REGULATION CLAUSES (48 CFR, CHAPTER 1) INCORPORATED BY REFERENCE:

E-5. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT (48 CFR, CHAPTER 2) CLAUSES INCORPORATED BY REFERENCE:

PART I - THE SCHEDULE

SECTION F

DELIVERIES OR PERFORMANCE

F-1. PERIOD OF CONTRACT

This contract shall be in effect for the period 30 Sep 2011 through 29 Sep 2016.

F-2. PLACE OF PERFORMANCE

The place of performance shall be considered to be “origin” for the purposes of this contract. Services under this contract are to be performed at AFTAC, Bldg 989, Patrick AFB 32925 and the contractor facility at:

F-3. GOVERNMENT-FURNISHED PROPERTY

Pursuant to the “Government Property” clause herein, the list of property included as Attachment 8, Section J, will be made available to the contractor by the Government for performance of this contract. Government-furnished equipment (GFE) will be provided on an “as is” basis in accordance with Section I, FAR 52.245-1, Government Property Furnished "As Is".

F-4. FEDERAL ACQUISITION REGULATION CLAUSES (48 CFR, CHAPTER 1) INCORPORATED BY REFERENCE:

PART I - THE SCHEDULE

SECTION G

CONTRACT ADMINISTRATION DATA

G-1. ACCOUNTING AND APPROPRIATION DATA

SUMMARY FOR THE PAYMENT OFFICE – PAYMENT OF THIS CONTRACT IS CLIN/ACRN SPECIFIC. ACRNS MAY BE CROSSED REFERENCED WITH CLINS IN SCHEDULE B:

ACRNS WILL BE CROSSED REFERENCED WITH CLINS IN SCHEDULE B:

ACCT APPROPRIATION/LMT SUBHEAD/CPN RECIP DODAAD OBLIGATED

ACRN SUPPLEMENTAL ACCOUNTING CLASSIFICATION AMOUNT

AA: Identified on each task order $

The guaranteed minimum identified in Section B will be added at award and subsequently transferred in the first task order.

G-2. ADMINISTRATIVE MATTERS

(a) The contact information for the Contracting Officer (CO) is:

LESHAN R. GARDNER

AF ISRA/A7KRB

1030 S. Highway A1A, MS 1000

Patrick AFB, FL 32925-3002

Telephone: (321) 494-5189

Email: leshan.gardner@patrick.af.mil

(b) The contact information for the Contract Specialist is:

KAREN HAYES

AF ISRA/A7KRB

1030 S. Highway A1A, MS 1000

Patrick AFB, FL 32925-3002

Telephone: (321) 494-6298

Email: karen.hayes@patrick.af.mil

(c) The address and telephone number of the paying office will be provided after contract award.

(d) The name, address and telephone number of the COR will be provided after contract award.

(e) The name, address and telephone number of the administrative CO will be provided after contract award.

G-3. SUBMISSION OF INVOICES

ALL PAYMENT REQUESTS/COST VOUCHERS SHALL BE PROCESSED ELECTRONICALLY IN WAWF-RA.

(a) WAWF PROCEDURES

In accordance with contract clause, 252.232-7003, all requests for payment shall be submitted through the wide area workflow system located at https://wawf.eb.mil//. Web Based Training for WAWF can be found at http://wawftraining.com. To register your company for WAWF-RA, simply log into https://wawf.eb.mil.

(1) FIRM-FIXED-PRICE CLINS: Payment requests submitted for acceptance of firm-fixed-price CLINs (see Section E, 252.246-7000) shall be processed on a 2-in-1 invoice in WAWF-RA in accordance with contract clause Section I, DFARS 252.232-7003. The Service Acceptor code consists of the first six digits of the PR funding the work being invoiced. The contractor shall invoice monthly for services performed and received under the firm-fixed-price CLINs.

(2) COST-REIMBURSEMENT CLINS

(A) Upon submission of proper cost vouchers in WAWF-RA for cost-reimbursement CLINs, the Government will pay the contractor on a monthly basis for services rendered and accepted, to include fixed-fee (see Section I, 52.216-8), less any deductions provided for in this contract. Payments will be made in accordance with DFARS 252.232-7003 and this clause.

(B) If direct submission to DFAS is authorized, cost vouchers for cost reimbursement CLINs shall be submitted directly to the Payment Office in WAWF-RA. If direct submission is not authorized, payment requests submitted for payment of cost reimbursement CLINs, in accordance with Section I, FAR 52.216-7 and 52.216-8, shall be submitted to the cognizant Defense Contract Audit Agency (DCAA) (designated as the “Inspector” in WAWF) for audit and transmission to the paying office via WAWF-RA.

(b) Upon submission of cost vouchers in WAWF-RA, a copy shall be submitted to the Contracting Office, at the address in G-2 and the Project Officer at the following address:

BRUCE BAKER

AFTAC/TMNX

1030 S. Highway A1A, Bldg 989

Patrick AFB, FL 32925

Telephone: (321) 494-1257

Email: bruce.baker@patrick.af.mil

G-4. NOTIFICATION REGARDING ADMINISTRATIVE PROBLEMS

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 identified in paragraph G-2 and the cognizant Administrative Contracting Officer (ACO).

G-5. DATA RELEASE

Notwithstanding any other terms or conditions of this contract, no information or data, technical or otherwise, concerning this project will be released through publication, posted on the internet, or released in any other manner unless authorized in writing by the Contracting Officer, AF ISR Agency/A7KCB, 1030 South Highway A1A, MS 1000, Patrick AFB, FL 32925-3002. Three to four weeks must be allowed for the processing of such requests.

G-6. CONTRACTOR’S CONTRACT ADMINISTRATION

The contractor’s contract administration functions will be performed at the following address:

Name and Title ___________________________________________

Responsible Office_________________________________________

Address__________________________________________________

Telephone Number_________________________________________

Email Address_____________________________________________

CEC/DUNS# ______________ CAGE# _________________________

Tax Identification Number ____________________________

G-7. REMITTANCE ADDRESS

If the remittance address is different from the mailing address, enter the remittance address below. Failure to provide this information may impact payment.

G-8. DEPARTMENT OF DEFENSE FEDERAL ACQUISITION REGULATION (48 CFR, CHAPTER 2) CLAUSES INCORPORATED BY REFERENCE:

PART I – THE SCHEDULE

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H-1. PROFESSIONAL SERVICES

It is the responsibility of the contractor to insure that the professional employees required to perform the services called for in this contract meet all of the requirements of Regulation 29 CFR Part 541.

H-2. TASK ORDERS

(a) Requirements in the PWS shall be implemented and directed by task orders, issued by the CO except under extenuating circumstances. The contractor shall not proceed with the work until the estimated cost is negotiated. It is not anticipated that any work will begin on any task order until the task order is priced. However, in the event it does becomes necessary to start the work prior to completion of negotiations, the task order maybe issued as a change order subject to the provisions of FAR 52.243-2. The Contracting Officer, in accordance with FAR 52.216-18, 52.216-19 and 52.216-22, will unilaterally issue the task order. Task orders shall describe the work to be performed, the estimated cost, and performance schedule. Funds will be obligated by each task order, but may be incrementally funded. The terms and conditions of this contract shall be applicable to task orders issued under this contract.

(b) Prior to issuance of a task order, the Government will issue a request for proposal that includes: a detailed description of the work to be accomplished; the period of performance, a list of deliverables, the contractor’s response date, and additional data as appropriate to assist the contractor in understanding the task.

(c) The contractor shall submit a detailed technical and cost proposal. Proposals shall be submitted to the contracting office no later than the stated contractor’s response date. Proposals shall be priced on a Firm Fixed Price (FFP) or Cost Plus Fixed Fee (CPFF) basis, as specified by the Government using rates listed in Section J, Attachment 4, Labor Category Rates for Task Orders. These rates may be revised once each fiscal year to adjust, if necessary, the rates for the following fiscal year, in accordance with FAR 52.216-7 (e), and the contract modified accordingly. Proposed rate changes will be based on DCAA approved billing rates or, if applicable, the most recent forward pricing rate agreement (FPRA). Additionally, the prime and each subcontract cost proposal over $650,000 shall contain the name, address and telephone number of the Defense Contract Audit Agency (DCAA) office that is cognizant for audit review of the respective proposal. All proposals exceeding $650,000 shall be submitted concurrently to the cognizant DCAA Office.

(d) Upon completed negotiations, the task order will be issued by the Contracting Officer. Changes to task content, estimated cost, schedules, and deliverables shall be accomplished by a negotiated modification to the task order. However, the contractor may redistribute the labor hours among the categories of the task order as long as they do not exceed the dollar amount allocated for CLINs 0001 or 0002 of the task order.

(e) Negotiated rate schedules will be incorporated in Attachment 4 to the contract at the time of award. Proposals for task orders will be at the rates incorporated into the contract. Upon receipt of audited billing rates from the cognizant DCAA or negotiation of a new Forward Pricing Rate Agreement, the contractor will request the replacement of the rate schedule.

H-3. TASK ORDER PRICING

The cost estimated for each task order will be established using the rates proposed by the contractor and accepted by the Government in Section J, Attachment 4. A fixed fee rate (%) will also be established. This fixed fee rate will be applied to the estimated cost accepted by the Government to determine the fixed fee for each task order issued under CLIN 0002 of this contract. Issuance of task orders is subject to availability of funds FAR clause 52.232-18. Further all task orders issued under this contract are subject to funding limitations set forth in FAR clause 52.232-19 Delivery Order Limitations, Section I hereof.

H-4. BILLING RATES

The billing rates approved by the cognizant DCAA shall be used by the contractor to invoice for the interim reimbursement of incurred costs (FAR 42.7). Such rates shall be exclusive of profit or fee. Final indirect cost rates will be negotiated in accordance with FAR 52.216-7(d), and the contract modified accordingly.

H-5. ORGANIZATION CONFLICT OF INTEREST, ALTERNATE III

(a) The contractor may gain access to proprietary information of other companies during contract performance. The contractor 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. For information purposes, the contractor shall furnish copies of these agreements to the Contracting Officer. These agreements are not intended to protect information, which is available to the Government or to the contractor from other sources and furnished voluntarily without restriction.

PART II

SECTION I

CONTRACT CLAUSES

I-1. FEDERAL ACQUISITION REGULATION CLAUSES (48 CFR, CHAPTER 1) INCORPORATED BY REFERENCE

I-2. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT (48 CFR, CHAPTER 2) CLAUSES INCORPORATED BY REFERENCE:

I-3. FEDERAL ACQUISTION REGULATION CLAUSES (48 CFR, CHAPTER 1) INCORPORATED BY FULL TEXT

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 30 Sep 2011 through 29 Sep 2016.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $10M;

(2) Any order for a combination of items in excess of $10M; or

(3) A series of orders from the same ordering office within 90 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 29 Sep 2017.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the contractor within 30 days from the expiration date.

(End of clause)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code - assigned to contract number .

(Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://farsite.hill.af.mil (End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

I-4. DEFENSE FEDERAL ACQUISTION REGULATION SUPPLEMENT (48 CFR, CHAPTER 2) CLAUSES INCORPORATED BY FULL TEXT

252.223-7004 DRUG-FREE WORK FORCE (SEP 1988)

(a) Definitions.

(1) "Employee in a sensitive position," as used in this clause, means an employee who has been granted access to classified information; or employees in other positions that the Contractor determines involve national security; health or safety, or functions other than the foregoing requiring a high degree of trust and confidence.

(2) "Illegal drugs," as used in this clause, means controlled substances included in Schedules I and II, as defined by section 802(6) of title 21 of the United States Code, the possession of which is unlawful under chapter 13 of that Title. The term "illegal drugs" does not mean the use of a controlled substance pursuant to a valid prescription or other uses authorized by law.

(b) The Contractor agrees to institute and maintain a program for achieving the objective of a drug-free work force. While this clause defines criteria for such a program, contractors are encouraged to implement alternative approaches comparable to the criteria in paragraph (c) that are designed to achieve the objectives of this clause.

(c) Contractor programs shall include the following, or appropriate alternatives:

(1) Employee assistance programs emphasizing high level direction, education, counseling, rehabilitation, and coordination with available community resources;

(2) Supervisory training to assist in identifying and addressing illegal drug use by Contractor employees;

(3) Provision for self-referrals as well as supervisory referrals to treatment with maximum respect for individual confidentiality consistent with safety and security issues;

(4) Provision for identifying illegal drug users, including testing on a controlled and carefully monitored basis. Employee drug testing programs shall be established taking account of the following:

(i) The Contractor shall establish a program that provides for testing for the use of illegal drugs by employees in sensitive positions. The extent of and criteria for such testing shall be determined by the Contractor based on considerations that include the nature of the work being performed under the contract, the employee's duties, and efficient use of Contractor resources, and the risks to health, safety, or national security that could result from the failure of an employee adequately to discharge his or her position.

(ii) In addition, the Contractor may establish a program for employee drug testing--

(A) When there is a reasonable suspicion that an employee uses illegal drugs; or

(B) When an employees has been involved in an accident or unsafe practice;

(C) As part of or as a follow-up to counseling or rehabilitation for illegal drug use;

(D) As part of a voluntary employee drug testing program.

(iii) The Contractor may establish a program to test applicants for employment for illegal drug use.

(iv) For the purpose of administering this clause, testing for illegal drugs may be limited to those substances for which testing is prescribed by section 2..1 of subpart B of the "Mandatory Guidelines for Federal Workplace Drug Testing Programs" (53 FR 11980 (April 11, 1988), issued by the Department of Health and Human Services.

(d) Contractors shall adopt appropriate personnel procedures to deal with employees who are found to be using drugs illegally. Contractors shall not allow any employee to remain on duty or perform in a sensitive position who is found to use illegal drugs until such times as the Contractor, in accordance with procedures established by the Contractor, determines that the employee may perform in such a position.

(e) The provisions of this clause pertaining to drug testing program shall not apply to the extent that are inconsistent with state or local law, or with an existing collective bargaining agreement; provided that with respect to the latter, the Contractor agrees those issues that are in conflict will be a subject of negotiation at the next collective bargaining session.

(End of clause)

252.227-7013 RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS. (NOV 1995)

(a) Definitions. As used in this clause:

(1) Computer data base means a collection of data recorded in a form capable of being processed by a computer. The term does not include computer software.

(2) Computer program means a set of instructions, rules, or routines recorded in a form that is capable of causing a computer to perform a specific operation or series of operations.

(3) Computer software means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer data bases or computer software documentation.

(4) Computer software documentation means owner's manuals, user's manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software.

(5) Detailed manufacturing or process data means technical data that describe the steps, sequences, and conditions of manufacturing, processing or assembly used by the manufacturer to produce an item or component or to perform a process.

(6) Developed means that an item, component, or process exists and is workable. Thus, the item or component must have been constructed or the process practiced. Workability is generally established when the item, component, or process has been analyzed or tested sufficiently to demonstrate to reasonable people skilled in the applicable art that there is a high probability that it will operate as intended. Whether, how much, and what type of analysis or testing is required to establish workability depends on the nature of the item, component, or process, and the state of the art. To be considered "developed," the item, component, or process need not be at the stage where it could be offered for sale or sold on the commercial market, nor must the item, component, or process be actually reduced to practice within the meaning of Title 35 of the United States Code.

(7) Developed exclusively at private expense means development was accomplished entirely with costs charged to indirect cost pools, costs not allocated to a government contract, or any combination thereof.

(i) Private expense determinations should be made at the lowest practicable level.

(ii) Under fixed-price contracts, when total costs are greater than the firm-fixed-price or ceiling price of the contract, the additional development costs necessary to complete development shall not be considered when determining whether development was at government, private, or mixed expense.

(8) Developed exclusively with government funds means development was not accomplished exclusively or partially at private expense.

(9) Developed with mixed funding means development was accomplished partially with costs charged to indirect cost pools and/or costs not allocated to a government contract, and partially with costs charged directly to a government contract.

(10) Form, fit, and function data means technical data that describes the required overall physical, functional, and performance characteristics (along with the qualification requirements, if applicable) of an item, component, or process to the extent necessary to permit identification of physically and functionally interchangeable items.

(11) Government purpose means any activity in which the United States Government is a party, including cooperative agreements with international or multi-national defense organizations, or sales or transfers by the United States Government to foreign governments or international organizations.