DRAFT OTES RFP.doc

Section B - Supplies or Services and Prices

Operational Test & Evaluation Services

CPFF

The contractor shall provide qualified personnel and data to accomplish the non-personal technical services specified in the Performance Work Statement dated xxxx as authorized in specific task orders.

FOB: Destination

NSN: R425-10-OTE-SERV

SIGNAL CODE: A

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

Other Direct Cost/Travel

COST

Travel authorized under specific task orders shall be reimbursed at cost, as limited by FAR 31.205-46(a).

FOB: Destination

NSN: R425-10-OTE-SERV

SIGNAL CODE: A

MAX COST

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B-100 IMPLEMENTATION OF LIMITATION OF FUNDS (MAR 2008)

Pursuant to the clause FAR 52.232-22 in Section I, entitled, “Limitation of Funds”, the total amount available for payment and allotted to this contract for CLINS 0001through 0002 as applicable, will be identified in the individual task orders.

Applies to Cost-Plus-Fixed-Fee CLIN(s), Cost CLIN(s) Only

(End Clause)

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

DELIVERY INFORMATION

N/A

FOB: Destination

N/A

FOB: Destination

Section G - Contract Administration Data

G-100 Payment Instructions for Multiple Accounting Classification Citations (Oldest First) (MAR 2008)

a. The payment office will make payment using the oldest fiscal year appropriations, first, exhausting all funds in the previous fiscal year before disbursing from the next fiscal year. In the event there is more than one ACRN associated with the same fiscal year, the payment amount shall be disbursed from each ACRN within a fiscal year in the same proportion as the amount of funding obligated for each ACRN within the fiscal year.

b. Additional ACRNs will be assigned when new accounting classifications are available. When adding new ACRNs or changing existing ACRNs, the above payment instructions shall apply, unless specific revised payments instructions are provided as part of a modification.

(End Clause)

CLAUSES INCORPORATED BY FULL TEXT

G-110 Payment Instructions for Multiple Accounting Classification Citations (Specific ACRN) (MAR 2008)

a. The payment office will make payment in sequential ACRN order specified by the contracting officer in paragraph b, exhausting all funds in the previous ACRN before paying from the next ACRN.

b. Payment for all effort will be made in the order and amounts below:

ACRN

SUBCLIN NO.

TOTAL OBLIGATED

Information will be identified in individual task orders, as required.

c. Additional ACRNs will be assigned when new accounting classifications are available. When adding new ACRNs or changing existing ACRNs, the above payment instructions shall apply, unless specific revised payments instructions are provided as part of a modification.

(End Clause)

CLAUSES INCORPORATED BY FULL TEXT

G-120 ACCOUNTING AND APPROPRIATION DATA (MAR 2008)

Accounting and appropriation data will be set forth on individual orders issued hereunder.

(End Clause)

CLAUSES INCORPORATED BY FULL TEXT

G-130 PERSONNEL DEFINITIONS (MAR 2008)

a. Contract Program Manager: The Contractor representative authorized and responsible for programming and monitoring the allocation of contractor resources to support the performance of the contract.

b. Procuring Contractor Officer (PCO): The individual from the requiring activity who is responsible for and has the authority to enter into contract and make related Determination and Findings.

c. Contracting Officer’s Representative (COR): The representative of the requiring activity, designated in writing by the PCO, who assists the PCO with technical aspects of the contract. The representative develops Government cost estimates and assists the PCO in negotiating the award costs with the Contractor once the PCO has determined that the proposed award is within the scope of the contract.

d. Administering Contracting Officer (ACO): The individual from the Contract Administration activity who is responsible and has the authority to administer contracts and make related changes to the Contract as delegated by the PCO. The ACO for this Contract is [Insert ACO Office & Full Address] (End Clause)

G-150 PAYMENT PROCEDURES - INVOICE AND PAYMENT - COST REIMBURSEMENT (MAR 2008)

The Contractor shall invoice monthly, bi-monthly or bi-weekly by CLIN. Ensure each CLIN is properly annotated on all invoices. Invoices shall clearly identify travel costs (no profit or fee). The Contractor shall also retain supporting documentation for per diem paid to employees as evidence of actual payments.

Invoices (or public vouchers), supported by a statement of cost for performance under this contract, shall be submitted to the cognizant Defense Contract Audit Agency (DCAA) office. Under the provisions of DFARS 242.803(b), the DCAA auditor, is designated as the authorized representative of the contracting officer (CO) for examining vouchers received directly from the contractor.

As of January 2004 DFAS Payment Office is converting to Wide Area Work Flow (WAWF) as a new way for vendors to process invoices via web input. Further information and instructions for vendor can be found at this site: http://www.wawftraining.com. If training has been completed invoices may be submitted at the following website: https://wawf.eb.mil. For services submit a 2 in 1 invoice in WAWF. Invoices will no longer be hard copy and/or will not be mailed or faxed. Commercial 801-605-7095 (Customer Service Support).

(End Clause)

G-180 IMPLEMENTATION OF PATENT RIGHTS CLAUSE (SEP 2008)

(a) All documents and information required by the patent rights and/or patent reporting clauses set forth in Section I of this contract shall be submitted to the Administrative Contracting Officer and to:

AFOTEC/A-7K,

8500 Gibson Blvd, SE

Kirtland AFB, NM, 87117 (b) This notice also constitutes a request (see FAR 52.227-11 or DFARS 252.227-7039(c), as applicable) for submission of a copy of the patent application, when filed, along with the patent application serial number, filing date, subsequent U.S. patent number and issue date, as received.

(End Clause)

CLAUSES INCORPORATED BY FULL TEXT

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 Contracting Officer (CO) and the cognizant Administrative Contracting Officer (ACO).

CLAUSES INCORPORATED BY FULL TEXT

G-5. 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 ___________________________________________________

CEC/DUNS # ____________________ CAGE # ________________________

G-6. 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, 8500 Gibson Blvd. SE, Kirtland AFB, NM, 87117-5558 . Ninety (90) days must be allowed for the processing of such requests.

Section H - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

H-100 TASK ORDER PROPOSAL PROCEDURES (tailored) (MAR 2008)

(This clause will only be used after initial award. Do not use this clause to complete your proposal)

a. When the Government has a requirement for work to be performed, the CO will notify the contractors of:

· The work to be performed;

· The performance period; and

· Any other information considered to be of assistance to the Contractor in preparing a proposal. These RFTOPs will be written, and may be transmitted by any means including the mail, E-mail, facsimile or Internet. The standard method of transmission will be E-mail.

b. The Request For Task Order Proposal (RFTOP) shall not obligate the Government to issue Task Orders under this contract, nor shall it authorize the Contractor to perform any work pursuant to such requests for proposal prior to the Contractor’s receipt of an authorized notice to proceed. However, the Government will not solicit the Contractor for proposal on any effort unless funds are available.

c. Contractors are highly encouraged, although not required, to submit a proposal for every task order requirement solicited under this contract. The Contractor shall submit a “no bid” statement including brief rationale for declining the opportunity. Examples include limitations on capital, personnel, capability, skill, knowledge, organizational conflict of interest (OCI) etc. Unless competition is limited in accordance with FAR 16.505(b)(2), all Contractors will receive a RFTOP. The Government will not directly reimburse proposal costs for task orders using fair opportunity in accordance with FAR 16.505.(b).

d. Task Order Proposals (TOP) shall consist of technical data and cost/price information. TOPs shall be submitted in a format readable and useable with Microsoft Excel 2007. All proposed dollar amounts provided shall be rounded to the nearest dollar. Formulas used to calculate all costs/prices must be reflected in the electronic spreadsheets. Do not plug numbers into cells other than basic inputs such as rates, hours, etc. All worksheets for each individual task order shall build upon each other and shall be linked.

e. The technical proposal shall identify the Contractor’s proposed approach to the specific task.

f. The contractor shall identify any organizational conflicts of interest issue and submit a mitigation plan.

g. Any Government property, material or data required for performance must be identified in the response to the RFTOP. In addition, all program management functions, e.g. PM, QA/QC, MFT participation, etc., shall be imbedded as part of the task order proposal.

h. Task orders shall be Cost Plus Fixed Fee (CPFF) type orders.

i. Evaluation criteria will be stated in each Task Order. The Government may hold discussions with the apparent successful contractor. If agreement cannot be reached, the Government may elect to hold discussions with another OTES contractor.

j. The Government may issue Task Orders with option periods in accordance with FAR 17.2 and FAR clause 52.217-9.

k. Award of Task Orders will be accomplished using a Best Value determination.

l. Task Order Proposals for the prime and subcontractors shall consist of cost/price information similar to the format shown below –

Beginning OFY*

Ending OFY*

PROPOSED AMOUNT

DIRECT LABOR

(List each direct labor category separately.)

XXXX

XXXX

SUBCONTRACTS, IOTS, CONSULTANTS (List Separately)

XXXX

TRAVEL CEILING

XXXX

ODCs – list separately

XXXX

SUBTOTAL COSTS

XXXX

TOTAL COST & FEE

XXXX

TOTAL PRICE

XXXX

*Submit a cost element summary for Offeror’s fiscal year of performance.

TABLE 2

SUBCONTRACT/INTERORGANIZATIONAL TRANSFERS & CONSULTANTS

PRICE SUMMARY

TOTALS

**Identify Performance Work Statement or Work Breakdown Structure or provide a narrative explanation as an addendum.

1.

Direct Labor. The Contractor’s proposal shall address the number(s) of personnel performing on each task; the number of hours worked by each individual and an explanation of why each is necessary to perform the task order; the rationale for the personnel, skill levels and number of hours proposed; and an overall discussion of the Contractor’s proposed technical solution. List each direct labor category separately. Identify base rates by CFY and source of base rates (i.e., date of base rates, individual/category average rates, etc.). Identify annual escalation rate(s) proposed and its source. Provide escalation methodologies and calculations showing development of proposed rates. Identify the basis of proposed rates (e.g., Forward Pricing Rate Agreement and date of agreement, bidding rates and the date of submission or actual rates used and the effective date, billing rates and date of approval etc.). If composite rates are used, provide the development of composite rates and labor dollar calculations for each labor category. If average rates are used within specific labor category, provide calculations used to derive the average rates. If temporary labor is proposed, demonstrate the impact, if any, that such labor has on in-house direct and indirect labor and overhead rates. Offerors are to describe its established practice for use of uncompensated time/overtime and state whether the treatment of uncompensated time/overtime reflects the offeror’s established practice. Offerors are to submit nameless resumes and/or position descriptions (PDs) for proposed personnel. Nameless resumes are only submitted for key personnel identified in the task order. All other positions require PDs.

2.

Indirect Cost Rates and/or Factors. Identify when the contractor’s fiscal year (CFY) begins and ends. Provide all indirect cost rates (such as, fringe, benefits, labor overhead, material overhead, G&A, COM, etc.) and applicable allocation bases by CFY. If composite rates are utilized, provide the calculations used in deriving the composite rates. Identify the basis of proposed rates (e.g., Forward Pricing Rate Agreement and date of agreement, bidding rates and the date of submission or actual rates used and the effective date, billing rates and the date of approval, etc.).

3.

Subcontracts/Interorganizational Transfers (IOTs), and Consultants. Obtain cost proposals from each subcontractor and IOT using the same cost breakout required for the prime offeror. Provide a summary listing anticipated subcontractors/IOTs/consultants. Perform and provide an explanation of the results of the evaluations and cost/price analysis and subcontract/IOT proposals. If decrement factors are used, the offeror shall provide an explanation of their development and application. Provide copies of consultant agreements to substantiate proposed rates.

4.

Other Direct Costs (ODCs). Separately identify costs by CFY for other direct costs required to perform each task order(s) and provide a breakout and explanation of proposed costs by CFY.

5.

Travel Ceiling. Contractors shall insert the exact ceiling price provided by the Government into their proposal spreadsheet(s).

6.

Fee. The offerors shall separately propose a fee for each task order and provide substantiation for the fee proposed. NOTE: Fee will be separately negotiated for each task order issued and will not be set at the contract level.

7.

New Mexico Gross Receipts Tax (NMGRT). NMGRT may be assessed for work performed in New Mexico. For assistance in determining the extent to which NMGRT may apply to proposed work and applicable rates, contact the New Mexico Taxation and Revenue Department, 5301 Central Ave., NE, PO Box 8485, Albuquerque, NM 87198, (505) 841-6200. Identify the cost elements and amounts included in the NMGRT base, if applicable. Demonstrate the method of calculating total tax dollars included in the proposal.

8.

Cost of Money (COM). Provide a schedule by task which contains proposed Cost of Money (COM) factors, if applicable, to include a display of all individual bases for the COM amounts. Submit a DD Form 1861, Contract Facilities Capital Cost of Money, for each CFY. To be applicable, COM must have been audited by DCAA.

m. The effort to be performed shall not commence until the Procuring Contracting Officer (PCO) issues an approved Task Order, DD Form 1155, Order for Supplies or Services. The PCO will issue approved Task Orders, authorizing the contractor to begin work in accordance with the clause in Section I, FAR 52.216-18, Ordering.

(End Clause)

H-110 REQUIRED INSURANCE (Tailored) (MAR 2008)

Reference FAR clause 52.228-7 entitled “Insurance Work on a Government Installation” the Contractor shall, at it own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under the contract. Copies of the polices are to be submitted to the Procuring Contracting Officer (PCO) as required by FAR 52.228-7.

(a) Workmen’s Compensation and Employees Liability Insurance as required by law except that if this contract is to be performed in a State that does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such State will be satisfactory. The required Workmen’s Compensation insurance shall extend to cover employer’s liability for accidental bodily injury or death and for occupational disease with a minimum liability of $1,000,000.

(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 the 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 of property damage shall be required if State law requires less, or that amount required by State law, whichever is greater.

(End Clause)

H-120 CONTRACTOR/TEAM MEMBER/SUBCONTRACTOR IDENTIFICATION (MAR 2008)

All Contractor/Team Member/Subcontractor personnel will be required to wear company identification badges so as to distinguish themselves from Air Force employees. When conversing with Government personnel during business meetings, over the telephone or via electronic mail, support Contractor/Team Member /Subcontractor personnel shall identify themselves as such to avoid situations arising where sensitive topics might be better discussed solely between Government employees. Electronic mail signature blocks shall identify their company affiliation. Contractor/Team/members/ Subcontractors occupying collocated space with their Government program customer shall identify their workspace area with their name and company affiliation.

(End Clause)

H-130 SUCCESSOR CONTRACTOR (MAR 2008)

(a) This contract represents a continuing need of the government, as such, it is anticipated that, upon completion or termination of this contract, another contract for substantially the same effort will be executed. In the event that another contractor is selected as the “successor” contractor, it is mutually agreed and understood that the Government interests in such a case may be best served through employment by the successor Contractor of Contractor employees who may be acceptable to the successor Contractor and who otherwise elect to accept employment with the successor Contractor.

(b) The Contractor agrees to preserve and make available to the Contracting Officer, if requested, copies of all records and other documentation, developed or acquired under this contract or preceding contracts for this effort, regarding performance of the work required by this contract.

(c) The Contractor agrees to cooperate fully with the Government and any successor Contractor to ensure an orderly transition at the end of this contract. The Contractor shall:

(1) Make available to the Contracting Officer, upon request, the names, job titles, and duties of all employees who have worked on this contract.

(2) Permit current employees to be interviewed for possible employment by a successor Contractor

(3) Provide, as requested, an orientation of the successor Contractor employees during the final thirty (30) days of this contract.

H-140 CONTRACT HOLIDAYS (MAR 2008)

The prices/costs in Section B 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. Holidays in addition to those reflected in this contract, which are designated by the Government, will be billable provided the assigned Contractor employee was available for performance and was precluded from such performance. The following days are contract holidays:

(1) New Year’s Day

(2) Martin Luther King’s Birthday

(3) President’s Day

(4) Memorial Day

(5) Independence Day

(6) Labor Day

(7) Columbus Day

(8) Veteran’s Day

(9) Thanksgiving Day

(10) Christmas Day

(End Clause)

H-150 BASE SUPPORT (MAR 2008)

(a) Base support shall be provided by the Government to the Contractor in accordance with this clause. Failure by the Contractor to comply with the requirements of this clause shall release the Government, without prejudice, from its obligation to provide base support by the date(s) required. If warranted, and if the Contractor has complied with the requirements of this clause, an equitable adjustment shall be made if the Government fails to provide base support by the date(s) required.

(b) Base support includes Government-controlled working space, material, equipment, services (including automatic data processing), or other support (excluding use of the Defense Switched Network (DSN)) which the Government determines can be made available at, or through, any Air Force installation where this contract shall be performed. All Government property in the possession of the Contractor, provided through the base support clause, shall be used and managed in accordance with the Government Property clauses.

(c) The Air Force installations providing the support shall be listed in subparagraph (e), and the Government support to be furnished by each installation under this contract shall be listed in subparagraph (f)

(d) Unless otherwise stipulated in the contract schedule, support shall be provided on a no-charge-for-use basis and the value shall be a part of the Government's contract consideration.

(e) The Contractor agrees to immediately report (with a copy to the cognizant contract administration office (CAO)) inadequacies, defective Government-Furnished Property (GFP), or nonavailability of support stipulated by the contract schedule, together with a recommended plan for obtaining the required support. The Government agrees to determine (within 10 workdays) the validity and extent of the involved requirement and the method by which it shall be fulfilled (e.g., purchase, rental, lease, GFP, etc.). Facilities shall not be purchased under this clause. Additionally, the Contractor (or authorized representative) shall not purchase, or otherwise furnish any base support requirement provided by the clause (or authorize others to do so), without prior written approval of the Contracting Officer regarding the price, terms, and conditions of the proposed purchase, or approval of other arrangements.

(f) Following are installations where base support will be provided at (to be identified in each task order).

(g) The Government support to be furnished under this contract is: On-site work space, support equipment, software, administrative equipment and supplies. Because of the nature and location(s) of the work performed, the value of such equipment is undeterminable. The Contractor shall not incur any cost resulting from nonsupport prior to Contracting Officer concurrence in accordance with this clause.

(End Clause)

H-160 ALLOWABLE COSTS (MAR 2008)

In order for costs to be invoiced, deliverable services must have been performed in direct support of a requirement. In the course of business, situations may arise where Government facilities may not be available for performance of the requirements. There may also be occasions when OTES support Contractors are invited to participate in morale and recreational activities. Under these circumstances, Contractor employees must comply with individual company policy that is in accordance with the company’s compensation system. In accordance with FAR 37.104(b) personal service contracts are prohibited. The Government does not have an employer/employee relationship with contractor employees and therefore is not authorized to grant administrative leave or expend Government resources to compensate Contractor employees for hours expended on activities not included in the Award. Submission/acceptance of non-work related time as billable under the submission of a public voucher (invoice) for payment constitutes a false claim, which may lead to criminal sanctions, fines, suspension and/or debarment.

(End Clause)

H-170 NONPERSONAL SERVICES (MAR 2008)

(a) In performance of this contract, the Contractor shall provide OT&E services required by AFOTEC to support AFOTEC programs. This will be based upon the Performance Work Statement (PWS) for the specific effort.

(b) The Government will neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for individual Contractor employees. It shall be the responsibility of the Contractor to manage their employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the Contractor feels that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor’s further responsibility to notify the PCO immediately.

(c) These services shall not be used to perform inherently Government functions. All decisions relative to programs supported by the Contractor will be the sole responsibility of the Government. Support services will not be ordered to circumvent personnel ceilings, pay limitations, or competitive employment procedures.

(End Clause)

H-180 TRAVEL (MAR 2008)

(a) The Contractor may be required to travel within the contiguous United States and overseas. The contractor may be required to travel by Government-provided transportation. Travel requirements will be reimbursed by separate voucher and must be approved in advance by the Contracting Officer. Travel requirements will be identified as a total ceiling cost only. This ceiling cost shall be all inclusive of all billable travel costs including all associated indirect costs. Billable travel costs are air fare, ground transportation, and per diem costs, not labor hours. Labor hours will be billed against the Labor CLIN. The Contractor shall be responsible for obtaining any passports or visas and making travel arrangements to and from any CONUS location. Reimbursement for the costs of subsistence and lodging shall be considered to be reasonable and allowable daily charges as compared to the maximum rates set forth in the following:

(1) Federal Travel Regulations prescribed by the General Services Administration for travel in the contiguous 48 United States;

(4) Joint Travel Regulations Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense for travel in Alaska, Hawaii, The Commonwealth of Puerto Rico, and the territories and possessions of the United States;

(5) Standardized Regulations, (Government Civilians, Foreign Areas), Section 925 “Maximum Travel Per Diem Allowances in Foreign Areas” prescribed by the Department of State, for travel in areas not covered in (a) and (b) above.

(b) Reimbursement to the contractor for per diem shall be limited to payments to employees for authorized per diem, as described above, not to exceed the authorized per diem. The contractor shall retain supporting documentation for per diem paid to employees as evidence of actual payments, and this documentation shall be submitted with the applicable invoice which includes travel expenses.

(c) The contractor agrees, in the performance of necessary travel, to use the lowest cost mode commensurate with the requirements of the mission and in accordance with good traffic management principles. When it is necessary to use air or rail travel the contractor agrees to use coach, tourist class or similar accommodations to the extent consistent with the successful and economical accomplishment of the mission for which the travel is being performed.

(d) All travel will be priced for CLIN 0002 defined in individual task orders. Travel authorized under this contract shall be reimbursed at cost, as limited by FAR 31.205-46(a), and are not subject to profit or fee. Ceiling: defined in individual task orders (End Clause)

CLAUSES INCORPORATED BY FULL TEXT

H-200 TELEPHONE COMSEC NOTICE (MAR 2008)

All communications with DoD organizations are subject to communications security (COMSEC) review. Contractor personnel will be aware that telecomunications networks are continually subject to intercept by unfriendly intelligence organizations. The DoD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DoD organizations. Therefore, civilian Contractor personnel are advised that any time they place a call to, or receive a call from, a USAF organization, they are subject to COMSEC procedures. The Contractor will assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with official DoD information.

(End Clause)

CLAUSES INCORPORATED BY FULL TEXT

H-210 SECURITY REQUIREMENTS FOR UNESCORTED ENTRY (MAR 2008)

The contractor is required to obtain a facility clearance to perform work in those areas as designated and listed on DD Form 254, DoD Contract Security Classification Specification. Employees working in these areas will be required to have a security clearance. Pending receipt of the facility clearance, Government employees will escort contractor employees in these areas. If security clearance is denied, the contract may be terminated in accordance with the terms of the contract. Any employee denied security clearance will be replaced with an employee who has a security clearance at no additional cost to the Government. Contractor may be required to have his/her employees processed to meet investigative requirements under DODR 5200-2, Personnel Security Program/AFI 31-501, Personnel Security Management Program

(End Clause)

CLAUSES INCORPORATED BY FULL TEXT

H-270 KEY PERSONNEL (MAR 2008)

(a) The offeror agrees to assign to this contract those key personnel listed in paragraph (e) below. No substitutions shall be made except in accordance with this clause.

(b) The offeror agrees that during the contract performance period no personnel substitutions will be permitted unless such substitutions are necessitated by an individual’s sudden illness, death or termination of employment. In any of these events, the contractor shall promptly notify the Contracting Officer and provide the information required by paragraph (c) below. All proposed substitutions must be submitted in writing, at least fifteen (15) days (thirty (30) days if a security clearance is to be obtained) in advance of the proposed substitutions to the contracting officer. These substitutions requests shall provide the information required by paragraph (c) below.

(c) All requests for approval of substitutions under this contract must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. They must contain a complete resume for the proposed substitute or addition, and any other information requested by the Contracting Officer or needed by him to approve or disapprove the proposed substitutions. All substitutions proposed during the duration of this contract must have qualifications of the person being replaced. The Contracting Officer or his authorized representative will evaluate such requests and promptly notify the contractor of his approval or disapproval thereof in writing.

(d) If the Contracting Officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate. In addition, if the Contractor is found at fault for the condition, the Contracting Officer may elect to equitably decrease the contract price or fixed fee to compensate the Government for any resultant delay, loss or damage.

(e) If the offeror wishes to add personnel to be used in a labor category, the offeror shall employ the procedures outlined in paragraph (c ) above.

Functional

Area

Key personnel will be defined in individual task orders as required.

H-280 CONTRACTOR MINIMUM/MAXIMUM (MAR 2008)

In accordance with Federal Acquisition Regulation (FAR) Clause 52.216-22, titled Indefinite Quantity, for the purpose of paragraph (b) of the clause, the minimum shall be $100,000.00for the life of the contract. The maximum shall be $77,000,000.00 for all orders issued.

(End Clause)

CLAUSES INCORPORATED BY FULL TEXT

H-330 PROHIBITION OF CROSS-TEAMING (MAY 2010)

Due to the potential for decreased task order competition after award, cross-teaming is prohibited. The intent of this prohibition is to create pure, distinct, separable teams that remain stable during the life of this contract. Cross-teaming arrangements include a prime-subcontractor relationship, joint ventures or other similar teaming relationships. Changes to teaming relationships are discouraged and the Contracting Officer must approve any changes after award.

(End Clause)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-14 DISPLAY OF HOTLINE POSTER(S) (DEC 2007)

(a) Definition.

United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)--

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites--

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from http://www.dodig.mil/HOTLINE/hotline_posters.htm (Contracting Officer shall insert—

(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and

(ii) The website(s) or other contact information for obtaining the poster(s).)

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5,000,000, except when the subcontract--

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall--

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA--MODIFICATIONS (OCT 2010)--ALTERNATE III (OCT 1997)

(a) Exceptions from cost or pricing data. (1) In lieu of submitting cost or pricing data for modifications under this contract, for price adjustments expected to exceed the threshold set forth at FAR 15.403-4 on the date of the agreement on price or the date of the award, whichever is later, the Contractor may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable--

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Information on modifications of contracts or subcontracts for commercial items. (A) If--

(1) The original contract or subcontract was granted an exception from cost or pricing data requirements because the price agreed upon was based on adequate price competition or prices set by law or regulation, or was a contract or subcontract for the acquisition of a commercial item; and

(2) The modification (to the contract or subcontract) is not exempted based on one of these exceptions, then the Contractor may provide information to establish that the modification would not change the contract or subcontract from a contract or subcontract for the acquisition of a commercial item to a contract or subcontract for the acquisition of an item other than a commercial item.

(B) For a commercial item exception, the Contractor shall provide, at a minimum, information on prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price of the modification. Such information may include--

(1) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities.

(2) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market.

(3) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The Contractor grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation , access does not extend to cost or profit information or other data relevant solely to the Contractor's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for cost or pricing data. If the Contractor is not granted an exception from the requirement to submit cost or pricing data, the following applies:

(1) The Contractor shall submit cost or pricing data and supporting attachments in accordance with Table 15-2 of FAR 15.408.

(c) Submit the cost portion of the proposal via the following electronic media: Electronic copies shall be submitted in a format readable and usable by Microsoft Office 2007( MS Excel). All files shall not be compressed. Hidden fields, comments, macros, etc, shall be omitted.

As soon as practicable after agreement on price, but before award (except for unpriced actions), the Contractor shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(End of clause)

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