DRAFT_RFP_FA7046-15-R-0001.doc

Section B - Supplies or Services and Prices

Phase- In

CPFF

The contractor shall furnish the necessary labor reasonably required to accomplish phase-in effort of task orders issued pursuant to the requirements contained in the Basic Contract Performance Work Statement (PWS) entitled, "Air Force Operational Test and Evaluation Center (AFOTEC) Fighter Test Services (FTS)", dated 1 June 2015, Attachment 1, and Clause 5.3.1, "Phase-In" in Section 5.3 entitled "Transition" Five task orders will be issued at award of this ID/IQ contract. Subsequent task orders will be issued in accordance with the clause H-100 Section H entitled, "Task Order Proposal Procedures."

FOB: Destination

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

Labor

The contractor shall furnish the necessary labor reasonably required to accomplish task orders issued pursuant to the requirements contained in the Basic Contract Performance Work Statement (PWS) entitled, "Air Force Operational Test and Evaluation Center (AFOTEC) Fighter Test Services (FTS)", dated 1 June 2015, Attachment 1, Five task orders will be issued at award of this ID/IQ contract. Subsequent task orders will be issued in accordance with the clause H-100 Section H entitled, "Task Order Proposal Procedures."

Other Direct Costs/Travel

COST

Baselined Other Direct Costs (ODCs) in support of CLINs 0001, 0002 and 0006 to include: travel, ODC amounts are TBD per Task Order and may be unilaterally increased or decreased by the Contracting Officer. Fee will not be paid on ODCs.

MAX COST

Data and Reports

The contractor shall furnish data as required by the Contract Data Requirements Lists (CDRLs), DD Form 1423-1, incorporated as Exhibit A. Applicable data will be indicated on each Task Order issued hereunder. This CLIN is not separately priced (NSP).

Software Deliverables

The contractor shall deliver software as required by the individual Task Orders. This CLIN is not separately priced (NSP).

Phase-Out

The contractor shall furnish the necessary labor reasonably required to accomplish phase-out effort of task orders issued pursuant to the requirements contained in the Basic Contract Performance Work Statement (PWS) entitled, "Air Force Operational Test and Evaluation Center (AFOTEC) Fighter Test Services (FTS)", dated 1 June 2015, Attachment 1, and Clause 5.3.2, "Phase-Out", in Section 5.3 entitled "Transition." Five task orders will be issued at award of this ID/IQ contract. Subsequent task orders will be issued in accordance with the clause H-100 Section H entitled, "Task Order Proposal Procedures."

CLAUSES INCORPORATED BY FULL TEXT

B-100 IMPLEMENTATION OF LIMITATION OF FUNDS (MAY 2015)

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 XXXX through XXXX is $0.00. It is estimated that this amount is sufficient to cover performance through [Insert Dates].

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

CLAUSES INCORPORATED BY REFERENCE

Section G - Contract Administration Data

252.204-0004 LINE ITEM SPECIFIC: BY FISCAL YEAR. (SEP 2009)

The payment office shall 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.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

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

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through

WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Cost Voucher

Receiving Report D/D (for final delivery only)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

Destination

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF

Data to be entered in WAWF

Pay Official DoDAAC

TBD

Issue By DoDAAC

FA7046

Admin DoDAAC

Inspect By DoDAAC

See Individual Task Orders

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC)

N/A

Service Acceptor (DoDAAC)

N/A

Accept at Other DoDAAC

N/A

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

See Individual Task Orders

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Linda.buix@us.af.mil

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

G-120 ACCOUNTING AND APPROPRIATION DATA (MAY 2015)

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

(End of Clause)

Section H - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

H-100 TASK ORDER PROPOSAL PROCEDURES (Tailored) (MAY 2015)

(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 desired 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.

c.

Task Order Proposals (TOP) shall consist of management and technical data, and cost/price information. TOPs shall be submitted in a format readable and useable with Microsoft Excel 2010. All spreadsheets shall include all cell formulas.

d.

TOPs shall include, but not limited to, the following:

· The management and technical proposal shall identify the Contractor’s proposed approach to the specific task.

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

· 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. 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., except for those costs indentified in paragraph c above, shall be imbedded as part of the task order proposal.

· The technical proposal must include relevant past performance and relevant information about performing the same or similar work. Recent performance on Task Orders performed under this contract will be evaluated.

· Cost/Price proposals shall utilize Defense Contract Audit Agency (DCAA) approved Forward Pricing Rate Agreements (FPRAs) or approved billing rates for both labor and all indirect rates. Labor costs must be broken out by labor category, proposed hours and unburdened labor rates for each labor category, overhead cost(s) and percentage(s), General & Administrative (G&A) cost(s) and percentage(s) with that labor category for the basic proposal period and each option year, if applicable. Identify the proposed escalation factor(s) for subsequent periods and explain the basis for the escalation factor(s). Also include applicable indirect rates for travel, materials and subcontracting/teaming. Cost Proposal shall include a proposed schedule of performance.

· Task orders shall be Cost Plus Fixed Fee (CPFF) type orders. Prepare proposals citing an estimated cost for labor, material (and other direct costs). Proposals shall identify the labor categories, the number of hours, and the proposed labor rates for each category.

· IAW FAR 15.404-3(b), the Prime Contractor shall submit a cost/price evaluation on each subcontract. Describe the evaluation rationale that leads to the prime’s conclusion that the subcontract price is fair and reasonable. Explain all adjustment made to the subcontract proposed cost. In addition, the Prime Contractor shall submit a performance work statement for each team member/subcontractor.

· 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.

Evaluation criteria will be stated in each Task Order. The Government may hold discussions with the contractor to whom the task order will be placed on the technical requirements, delivery schedule, estimated cost, and any other task order provisions. If agreement cannot be reached,, the Government may elect to hold discussions with another apparent successful offeror.

f.

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

g.

Award of Task Orders will be accomplished using either a Best Value or Performance Price Trade-Off (PPT) process as defined in AFFARS Part 5315 and specified in RFTOP.

h.

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

MATERIAL

XXXX

TRAVEL CEILING

XXXX

ODCs

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. 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 (clause H-270) 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.

Material, and Other Direct Costs (ODCs). Separately identify costs by CFY, for travel, material, and other direct costs required to perform each task order(s). For proposed materials, provide a list (with costs) of all equipment, materials and supplies for each CFY. For all the other ODC’s 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.

i.

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-130 SUCCESSOR CONTRACTOR (MAY 2015)

(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.

(End of Clause)

H-140 HOURS OF WORK AND CONTRACT HOLIDAYS (MAY 2015)

(a) The contractor shall provide services Monday through Friday, except for Federal Holidays. Occasional weekend work may be required and will be coordinated between the Government and the contractor.

(b) 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 of Clause)

H-150 BASE SUPPORT (MAY 2015)

(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 which the Government determines can be made available at, or through, any Air Force or other Government 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 (f), and the Government support to be furnished by each installation under this contract shall be listed in subparagraph (g)

(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, but not limited to, Edwards AFB, CA; Nellis AFB, NV; Kirtland AFB, NM; Fort Worth, TX; Marietta, GA; Utah Test and Training Range (UTTR), UT; White Sands Missile Range (WSMR), NM; Naval Air Weapons Station China Lake, CA; Naval Base Bentura County (NBVC), Point Mugu, CA; Naval Air Station Fallon, NV: Marine Corps Air Station (MCAS), Yuma, AZ; Eglin AFB, FL; Patuxent River NAS, MD; or as 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-180 TRAVEL (MAY 2015)

(a) The Contractor may be required to travel by commercial transportation or 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. Billable travel costs are airfare, 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 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 of Clause)

H-190 GOVERNMENT DOWN TIME FOR VARIOUS AUTHORITIES INCLUDING THE PRESIDENT, SECRETARY OF DEFENSE, SECRETARY OF THE AIR FORCE, AFMC/CC, AFOTEC (MAR 2008)

(a) Base Closures Due to Emergencies. From time to time, the AFOTEC or Base Commander, of any Government installation where work is performed, may decide to close all or part of the base in response to an unforeseen emergency or similar occurrence. Sample emergencies include, but are not limited to, adverse weather such as snow or flood, an act of God such as a tornado or earthquake, acts of war or terrorism, computer failures or a base disaster such as a natural gas leak or fire. Contractor personnel are "non-essential personnel" for purposes of any instructions regarding the emergency.

(1) Contractor shall be officially dismissed upon notification of a base closure in accordance with paragraph b. Contractor shall promptly secure all government furnished property appropriately and evacuate in an expedient but safe manner.

(2) With regard to work under the contract, the government shall retain the following options:

(6) Government may grant a time extension in the contract, delayed by the closure equal to the time of the closure, subject to the availability of funds.

(7) Government may forego the work. The contractor will not be paid for work not performed.

(8) Government may reschedule the work on any day satisfactory to both parties.

(9) The government may, in its discretion, permit the contractor to perform at an off-site location during the period of base closure if meaningful work can be accomplished. Contractor shall certify to the government by letter within 5 businesses days of returning to work the nature and scope of the work completed off-site. Contractor shall be permitted to bill the government at the labor rates identified in the contract.

(10) In rare instances, Government may request that the Contractor continue on-site performance during the base closure period. Such a request shall be subject to agreement by Contractor.

(b) Base Closure Notification Procedures.

(1) After an official decision to close the base has been made by the AFOTEC or Base Commander, of any Government installation where work is performed, local television and radio stations will be notified of the closure.

(2) The Contractor is directed to listen or watch one of the local radio or television stations for notification of a base closure. Contractor should follow instructions intended for non-essential personnel.

(3) The contractor will not receive any other form of notification of a base closure from the government. The Contractor is responsible for notification of his or her employees.

(4) If the decision to close all or part of the base is made during the duty day, and the AFOTEC or Base Commander's, of any Government installation where work is performed, decision is transmitted through official notification channels, the Contractor shall follow the instructions as given. Contractor personnel shall notify their COR and act in accordance with the Contract Officer Representative’s (COR) instruction.

(c) Base Closure Due to Non-Emergencies. The AFOTEC or Base Commander, of any Government installation where work is performed, may elect to close all or part of Kirtland Air Force base or any other Government installation where work is performed, for non-emergency reasons such as time-off award, base open house, etc. In the event of a non-emergency base closure, the COR and the Contractor shall jointly choose a course of action within the following options:

(1) If there is a need for the service during the base closure the Contractor may continue on-site work. Contractor shall bill the Government in accordance with the contract.

(2) If there is a need for work during the base closure but access will not be available, the Contractor may work off-site provided meaningful work may be accomplished. Contractor shall certify to the government by letter within 5 business days or returning on-site the nature and scope of the work completed off-site. Contractor shall bill the Government at the labor rates specified in the contract.

(3) If there is no need for the service during the scheduled base closure, contractor shall not work on or off-site. Government may grant a time extension by the closure equal to the amount of time of the closure, subject to the availability of funds. The government will not be liable for time not worked.

(End Clause)

H-200 TELEPHONE COMSEC NOTICE (MAR 2008)

All communications with Department of Defense (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 DoD 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 of Clause)

CLAUSES INCORPORATED BY FULL TEXT

H-230 CONTRACTING OFFICER AUTHORIZATION (MAY 2015)

The Contracting Officer shall be the only individual authorized to direct and/or redirect the effort or in any way amend any of the terms of this contract, other than those instances specifically delegated to an Administrative Contracting Officer or a Termination Contracting Officer by a contract clause of this contract or in writing by the Procuring Contracting Officer (PCO). For purposes of this contract "the Contracting Officer" is the individual located at the issuing office, and may be abbreviated as "CO" or "PCO". Any changes made by the contractor WITHOUT CO authority will be made at the contractor's own risk.

(End Clause)

CLAUSES INCORPORATED BY FULL TEXT

H-270 KEY PERSONNEL (MAY 2015)

(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

(End Clause)

H-290 IMPLEMENTATION OF DISCLOSURE OF INFORMATION (MAY 2015)

In order to comply with DFARS 252.204-7000, Disclosure of Information, the following copies of the information to be released are required at least 45 days prior to the scheduled release date:

Number of Copies

Location

Three

Contracting Officer

1251 Wyoming Blvd SE

Kirtland AFB, NM 87117

(End of Clause)

H-360 RELOCATION COSTS (MAY 2015)

a. Relocation costs are prohibited unless approved by the Contracting Officer.

b. In rare circumstances, the Government or Contractor may request a permanent change of station for a contractor employee when it is in the best interest of the Government to meet program objectives. In such a circumstance, upon negotiation with and approved by the Contracting Officer, the contractor may charge relocation costs as “travel” costs under CLIN 0003 of this contract/task order.

c. Per FAR 31.205-35(b)(2), the contractor must adhere to its established policy or practice when charging relocation costs to this contract/task order. In addition, the contractor shall comply with all requirements of FAR 31.205-35 – Relocation Costs, and shall refund or credit the relocation costs to the Government if the employee resigns, is terminated, or is reassigned in such manner that the employee no longer provides support to this contract within 12 months of the date of the move for which relocation costs are charged.

d. In no event shall relocation costs be allowable without prior written approval of the Contracting Officer.

(End of Clause)

H-370 IMPLEMENTATION OF PATENT RIGHTS CLAUSE (MAY 2015)

(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 Contracting Officer, A-7K, 1251 Wyoming Blvd SE, Kirtland AFB, NM 87117.

(b) This notice also constitutes a request (see DFARS 252.227-7038(e)(10) 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 of Clause)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

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 $100,000.00 (insert dollar figure or quantity), 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 $85,000,000.00;

(2) Any order for a combination of items in excess of $85,000,000.00; or

(3) A series of orders from the same ordering office within five 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 five 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 the period of performance delivery…