FA810609R0007 - Kurt 12 30 08.pdf

1447-101 STANDARD FORM 1447 (5-88)

Prescribed by GSA FAR (48 CFR 53.215-1(g))

SOLICITATION/CONTRACT

BIDDER/OFFEROR TO COMPLETE BLOCKS 11, 13, 15, 21, 22, & 27.

J

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 350)

RATING

DO: A1

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. SOLICITATION NUMBER

FA8106-09-R-0007

5. SOLICITATION TYPE

SEALED BIDS NEGOTIATED

(IFB) (RFP)

6.SOLICITATION ISSUE DATE

X

7. ISSUED BY CODE

DEPARTMENT OF THE AIR FORCE, 327 CLSG PK

3001 STAFF DR STE 1AG 104A

TINKER AFB OK 73145-3020

BUYER: Kurt McKay/727CLSGPKA kurt.mckay@tinker.af.mil Phone: (405) 739- 3959 Fax: (405) 736-4155 No Collect Calls

FA8106 8. THIS ACQUISITION IS

UNRESTRICTED LABOR SURPLUS AREA CONCERNS

SET ASIDE: % FOR COMBINED SMALL BUSINESS &

LABOR SURPLUS AREA CONCERNS

SMALL BUSINESS

NAICS CODE: 336413 SIZE STANDARD: 1,000

X

9.

LATE OFFERS ARE SUBJECT TO LATE PROPOSAL PROVISIONS INCORPORATED HEREIN. ALL OFFERS ARE SUBJECT TO SUCH PROVISIONS, REPRESENTATIONS, CERTIFICATIONS AND SPECIFICATIONS AS ARE ATTACHED OR INCORPORATED BY REFERENCE. SOLICITATION:

SEALED OFFERS WILL BE RECEIVED AT THE ISSUING OFFICE UNTIL

4-DEC-2008 3:00PM

10. ITEMS TO BE PURCHASED (BRIEF DESCRIPTION)

SUPPLIES SERVICES Other Aircraft Part and Auxiliary Equipment Manufacturing X

11. IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN * ___ CALENDAR DAYS (60 CALENDAR

DAYS UNLESS OFFEROR INSERTS A DIFFERENT PERIOD) FROM THE DATE SET FORTH IN BLK 9

ABOVE, THE CONTRACTOR AGREES TO HOLD ITS OFFERED PRICES FIRM FOR THE ITEMS

SOLICITED HEREIN AND TO ACCEPT ANY RESULTING CONTRACT SUBJECT TO THE TERMS AND

CONDITIONS STATED HEREIN. *120

12. ADMINISTERED BY CODE

13. CONTRACTOR OFFEROR CODE FACILITY CODE

14. PAYMENT WILL BE MADE BY CODE

(SEE ESP CLAUSE 252.232-7003.)

15. PROMPT PAY DISCOUNT

16. AUTHORITY FOR USING OTHER THAN 10 USC 2304 41 USC 253

FULL AND OPEN COMPETITION (c) ( ) (c) ( )

17.

ITEM NO.

18.

SCHEDULE OF SUPPLIES/SERVICES

19.

QUANTITY

20.

UNIT

21.

UNIT PRICE

22.

AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

SEE SCHEDULE

24. AWARD AMOUNT (FOR GOVT USE ONLY)

25. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SETFORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY CONTINUATION SHEETS SUBJECT

THE TERMS AND CONDITIONS SPECIFIED HEREIN.

26. AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION NUMBER

SHOWN IN BLOCK 4 INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

27. SIGNATURE OF OFFEROR/CONTRACTOR

NAME AND TITLE OF SIGNER (TYPE OR PRINT)

28. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

NAME OF CONTRACTING OFFICER

DATE SIGNED DATE SIGNED

Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 120 days.

SEE LINE ITEM SCHEDULE

SCD:C

EFT:T

CHECK IF REMITTANCE IS DIFFERENT

AND PUT SUCH ADDRESS IN OFFER SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK: 14

Total

SF 1447 (5-88) BACK

CANNOT MEET DELIVERY REQUIREMENT

OTHER (Specify)

NO RESPONSE FOR THE REASONS CHECKED

WE DO

WE DO NOT DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYPE OF

ITEMS INVOLVED

NAME AND ADDRESS OF FIRM (Include Zip Code) SIGNATURE

TYPE OR PRINT NAME AND TITLE OF SIGNER

FOLD FOLD

FOLD FOLD

SOLICITATION NO. FA810609R0007

DUE: 4 DEC 2008 3:00 PM

FROM: AFFIX

STAMP

HERE

TO:

ATTN: Kurt McKay/727CLSGPKA

DEPARTMENT OF THE AIR FORCE, 327 CLSG PK

3001 STAFF DR STE 1AG 104A

TINKER AFB OK 73145-3020

CANNOT COMPLY WITH SPECIFICATIONS

CANNOT COMPLY WITH SPECIFICATIONS

Request for Proposal FA8106-09-R-0007

PART I - THE SCHEDULE

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

The Government is not requesting Proposals at this time, only comments.

The Government is contemplating a single integrator for the EMD, Production, and Installation.

The purpose of this acquisition is to procure the KC-10 CNS/ATM Modification, to upgrade fifty-nine (59) KC-10 aircraft. The KC-10 CNS/ATM modification uses a systems approach in aiding pilot awareness, enhancing safety, and alleviating task saturation in a high technology environment. As much as possible, the CNS/ATM modification will use technologically current, FAA and ICAO certified Commercial Off-The-Shelf (COTS) hardware and software while solving obsolescence by replacing the Inertial Navigation System(INS), Flight Management System (FMS) and Selective Availability Anti-Spoofing Module (SAASM) compliant GPS (Military or Government Off-The-Shelf).

(a) Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

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

(c) Representations, Instructions and Evaluations will be physically removed from any resultant award, but will be deemed to be incorporated by reference, in that award.

(d) LINE ITEM STRUCTURE The Government reserves the right to add/remove Contract Line Item Numbers (CLINs). Sub-Contract Line Item Numbers may be established under Contract Line Item Numbers (CLINs) to accommodate various ACRNs, Accounting and Appropriation Data.

(e) Prices are NOT to be provided in Section B-1. CLIN structure is presented for descriptive purpose only.

Please include prices for all CLINs on CLIN Pricing Matrix, (Attachment TBD).

(f) CLINs marked with the "THIS CLIN MAY NOT BE AWARDED" header may not be awarded due to prohibitive costs associated with the requirements.

(g) Kit Production and Installation will be subject to aircraft availability. Thus ranges for both occurrences have been developed.

ENGINEERING AND MANUFACTURING DEVELOPMENT

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

KC-10 CNS/ATM ENGINEERING AND MANUFACTURING DEVELOPMENT

Engineering and Manufacturing Design will have Performance Based Payments. As the events are realized and approved by the Government, authorization will be made for payment IAW FAR 52.232-32.

Payment is directly related to review milestones as follows:

EVENT Percentage Preliminary Design Review 20% Critical Design Review 45% Production Readiness Review 35%

CDRL's / DATA

DATA - IAW CDRL Exhibit A The contractor shall provide the data in accordance with Section J Contractor Data Requirements List (DD Form

1423).

MODIFIED TEST VEHICLES

2 EA

Test Vehicles Type / Ship To Quantity (U/I) To be determined _ Req No / Pri Required Delivery

TBD

Proposed

DEVELOPMENT, TEST AND EVALUATION (DT&E)

DT&E

IAW SOO 5.3.9.2

Place of Perf Quantity (U/I) Beginning To be determined Req No / Pri

Required Period of Performance

TRAINING

KC-10 CNS/ATM AIRCREW TRAINING DEVELOPMENT

DEVELOPMENT OF TYPE 1 AIRCREW AND ORGANIZATIONAL LEVEL MAINTENANCE TRAINING IAW THE

CONTRACTOR STATEMENT OF WORK AND THE SYSTEM REQUIREMENTS DOCUMENT. (SRD 3.7.2, 3.7.3, 3.8.2, AND 3.8.3

AIRCREW TRAINING DEVICE DEVELOPMENT

KC-10 CNS/ATM AIRCREW TRAINING DEVICES DEVELOPMENT

THE CONTRACTOR SHALL DEVELOP THE AIRCREW TRAINING DEVICES FOR THE KC-10 CNS/ATM. One (1)

FTD and one (1) WST shall be modified to the aircraft KC-10 CNS/ATM Program configuration to provide initial squadron aircrew difference training IAW THE CONTRACTOR STATEMENT OF WORK AND THE SYSTEM

REQUIREMENTS DOCUMENT. (SRD 3.7.3)

Type / Ship To Quantity (U/I) To be determined _ Req No / Pri

Aircrew Training Device development will have Performance Based Payments. As the events are realized and approved by the Government, authorization will be made for payment IAW FAR 52.232-32.

Payment is directly related to review milestones as follows:

EVENT Percentage Preliminary Design Review 20% Critical Design Review 45% Production Readiness Review 35%

Production and Installation Period 1

Option Year 1 for Production and Installation Period 1 will be exercised upon completion of the FAA certification and successful OT&E. Option CLINs 1001AA, 1001AB and 1002 will be exercised in conjunction with the Option Year and will stipulate what quantities of kits and modified aircraft will be delivered.

KC-10 CNS/ATM PRODUCTION KITS

Option Year 1

KC-10 CNS/ATM PRODUCTIONS KITS

THE CONTRACTOR SHALL FURNISH KC-10 CNS/ATM KITS IAW THE CONTRACTOR STATEMENT OF WORK.

1001AA

From

Quantity U/I To Quantity U/I Unit Price

1 EA 30 EA

Quantity Range A

1 EA 10 EA

Range B

11 EA 20 EA

Range C

21 EA 30 EA

GROUP A

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required

Quality Assurance: Standard Inspection

Buy American Act/Balance of Payments Program Type / Ship To Quantity (U/I) To be determined _ Req No / Pri

1 EA

TBD

1001AB

Quantity

NSN: 1680-KI-TGR-OUPB FF

GROUP B

Inspection/Acceptance Report: Receiving Report Required

Quality Assurance: Standard Inspection

Buy American Act/Balance of Payments Program Type / Ship To Quantity (U/I) To be determined _ Req No / Pri

TBD

KC-10 CNS/ATM PRODUCTION KIT INSTALLATION

Quantity

KC-10CNS/ATM PRODUCTION KIT INSTALLATION

THE CONTRACTOR SHALL INSTALL AND INTEGRATE PRODUCTION KITS DELIVERED UNDER CLIN 1001 IAW

CONTRACTOR STATEMENT OF WORK AND ACCORDING TO AIRCRAFT AVAILABILITY.

Inspection/Acceptance Report: Receiving Report Required

Quality Assurance: Standard Inspection Place of Perf Quantity (U/I) To be determined _ Req No / Pri Required

TBD

Proposed

SPARES

KC-10 CNS/ATM AIRCRAFT INITIAL SPARES

IAW System Requirment Document (3.9.2), spares support shall be provided for operational sustainability to minimize the requirement for cannibalizations. Components under warranty or repair contract shall be replaced, repaired, and returned to service by contractors within 30 days or according to warranty or repair contract.

Inspection/Acceptance Report: Invoice

Quality Assurance: Standard Inspection

Buy American Act/Balance of Payments Program Type / Ship To Quantity (U/I) To be determined _ Req No / Pri

SOFTWARE DATA LICENSE

SOFTWARE DATA LICENSE

IN ACCORDANCE WITH THE REQUIREMENTS SET FORTH ON THE DD FORM 1423 (EXHIBITS A THROUGH E)

ATTACHED AND MADE A PART HEREOF.

Exhibit: A Type / Ship To Quantity (U/I) To be determined _ Req No / Pri

THIS CLIN MAY NOT BE AWARDED

TECHNICAL DATA IN AIR FORCE COMMON INFRASTRUCTURE

TECHNICAL DATA IN AF COMMON INFRASTRUCTURE

ATTACHED AND MADE A PART HEREOF.

Electronic-Tool Format (E-Tools = rugged laptops, PDA's and other similar items) IAW SRD 3.10.3.10 Exhibit: A Type / Ship To Quantity (U/I) To be determined _ Req No / Pri

INTERNET ACCESSIBLE TECHNICAL DATA

INTERNET ACCESSIBLE TECNICAL DATA

ATTACHED AND MADE A PART HEREOF.

Exhibit: A Type / Ship To Quantity (U/I) To be determined _ Req No / Pri

UNLIMITED DATA RIGHTS FOR DRAWINGS AND TECHNICAL DATA

UNLIMITED DATA RIGHTS FOR DRAWINGS AND TECHNICAL DATA

ATTACHED AND MADE A PART HEREOF.

Exhibit: A Type / Ship To Quantity (U/I) To be determined _ Req No / Pri

SOFTWARE SOURCE CODE

SOFTWARE SOURCE CODE

ATTACHED AND MADE A PART HEREOF.

Exhibit: A Type / Ship To Quantity (U/I) To be determined _ Req No / Pri

KC-10 CNS/ATM FLIGHT TRAINING DEVICE MODIFICATION

KC-10 CNS/ATM FLIGHT TRAINING DEVICE

IAW SOO/CSOW/SRD (SRD 3.7.4)

Place of Perf Quantity (U/I) To be determined _ Req No / Pri Required

KC-10 CNS/ATM WEAPON SYSTEM TRAINERS MODIFICATION

KC-10 CNS/ATM WEAPON SYSTEM TRAINER

IAW SOO/CSOW/SRD. (SRD 3.7.4)

Type / Ship To Quantity (U/I) To be determined _ Req No / Pri

SIMULATOR TECHNICAL SUPPORT

Simulator Technical Support (If needed) IAW SRD 3.7.4 In accordance with clause 252.217-7028 for those requirements not otherwise identified, as directed by the ACO.

Purchase Request(s) PR Line Item(s)

SIM TECH SUPPORT 1012

Type / Ship To Quantity (U/I) To be determined _ Req No / Pri

ATD INITIAL SPARES

Inspection/Acceptance Report: Receiving Report Required

Quality Assurance: Standard Inspection

Buy American Act/Balance of Payments Program Type / Ship To Quantity (U/I) To be determined _ Req No / Pri

TYPE 1 MAINTENANCE TRAINING

QUALIFICATION TYPE 1 TRAINING

TRAINING PROVIDED IAW CONTRACTOR STATEMENT OF WORK AND SYSTEM REQUIREMENTS

DOCUMENT (3.8).

CDRL

The contractor shall provide the data in accordance with Section J, Contract Data Requirements List (DD Form 1423) Place of Perf Quantity (U/I) To be determined _ Req No / Pri Required

OVER AND ABOVE

EA

In accordance with clause 252.217-7028 for those requirements not otherwise identified, as directed by the ACO.

Production and Installation Period 2

Option Year for Production and Installation Period 2 will be exercised for Fiscal Year 2013 (FY13).

Option CLINs 2001AA, 2001AB and 2002 will be exercised in conjunction with the Option Year and will stipulate what quantities of kits and modified aircraft will be delivered for Production and Installation Period 2.

Option Year 2

THE CONTRACOTR SHALL FURNISH KC-10 CNS/ATM KITS IAW THE CONTRACTOR STATEMENT OF WORK.

2001AA

Quantity

Inspection/Acceptance Report: Receiving Report Required

Quality Assurance: Standard Inspection

Buy American Act/Balance of Payments Program Type / Ship To Quantity (U/I) To be determined _ Req No / Pri

TBD

2001AB

Quantity

Inspection/Acceptance Report: Receiving Report Required

Quality Assurance: Standard Inspection

Buy American Act/Balance of Payments Program Type / Ship To Quantity (U/I) To be determined _ Req No / Pri

TBD

Quantity

THE CONTRACTOR SHALL INSTALL AND INTEGRATE PRODUCTION KITS DELIVERED UNDER CLIN 2001 IAW

Inspection/Acceptance Report: Receiving Report Required

Quality Assurance: Standard Inspection Place of Perf Quantity (U/I) To be determined _ Req No / Pri Required

TBD

Proposed

IAW System Requirment Document (3.9.2), spares support shall be provided for operational sustainability to minimize the requirement for cannibalizations. Components under warranty or repair contract shall be replaced, repaired, and

Inspection/Acceptance Report: Invoice

Quality Assurance: Standard Inspection

Buy American Act/Balance of Payments Program Type / Ship To Quantity (U/I) To be determined _ Req No / Pri

KC-10 CNS/ATM WEAPON SYSTEM TRAINERS MODIFICATION

KC-10 CNS/ATM WEAPON SYSTEM TRAINER

IAW SOO/CSOW/SRD. (SRD 3.7.4)

Type / Ship To Quantity (U/I) To be determined _ Req No / Pri

3 EA

3 EA

SIMULATOR TECHNICAL SUPPORT

IAW SRD 3.7.4 In accordance with clause 252.217-7028 for those requirements not otherwise identified, as directed by the ACO.

The contractor shall provide the data in accordance with Section J, Contract Data Requirements List (DD Form 1423)

Required

In accordance with clause 252.217-7028 for those requirements not otherwise identified, as directed by the ACO.

Production and Installation Period 3

Option Year for Production and Installation Period 3 will be exercised for Fiscal Year 2014 (FY14).

Option CLINs 3001AA, 3001AB and 3002 will be exercised in conjunction with the Option Year and

Installation Period 3.

Option Year 3

3001AA

Quantity

Inspection/Acceptance Report: Receiving Report Required

Quality Assurance: Standard Inspection

Buy American Act/Balance of Payments Program Type / Ship To Quantity (U/I) To be determined _ Req No / Pri

TBD

3001AB

Quantity

Inspection/Acceptance Report: Receiving Report Required

Quality Assurance: Standard Inspection

Buy American Act/Balance of Payments Program Type / Ship To Quantity (U/I) To be determined _ Req No / Pri

TBD

Quantity

THE CONTRACTOR SHALL INSTALL AND INTEGRATE PRODUCTION KITS DELIVERED UNDER CLIN 3001 IAW

Inspection/Acceptance Report: Receiving Report Required

Quality Assurance: Standard Inspection Place of Perf Quantity (U/I) To be determined _ Req No / Pri Required

TBD

Proposed

IAW System Requirment Document (3.9.2), spares support shall be provided for operational sustainability to minimize the requirement for cannibalizations. Components under warranty or repair contract shall be replaced, repaired, and

Inspection/Acceptance Report: Invoice

Quality Assurance: Standard Inspection

Buy American Act/Balance of Payments Program Type / Ship To Quantity (U/I) To be determined _ Req No / Pri

The contractor shall provide the data in accordance with Section J, Contract Data Requirements List (DD Form 1423)

Required

In accordance with clause 252.217-7028 for those requirements not otherwise identified, as directed by the ACO.

Production and Installation Period 4

Option Year for Production and Installation Period 4 will be exercised for Fiscal Year 2015 (FY15).

Option CLINs 4001AA, 4001AB and 4002 will be exercised in conjunction with the Option year and

Installation Period 4.

Option Year 4

4001AA

Quantity

Inspection/Acceptance Report: Receiving Report Required

Quality Assurance: Standard Inspection

Buy American Act/Balance of Payments Program Type / Ship To Quantity (U/I) To be determined _ Req No / Pri

TBD

4001AB

Quantity

Inspection/Acceptance Report: Receiving Report Required

Quality Assurance: Standard Inspection

Buy American Act/Balance of Payments Program Type / Ship To Quantity (U/I) To be determined _ Req No / Pri

TBD

Quantity

THE CONTRACTOR SHALL INSTALL AND INTEGRATE PRODUCTION KITS DELIVERED UNDER CLIN 4001 IAW

Inspection/Acceptance Report: Receiving Report Required

Quality Assurance: Standard Inspection Place of Perf Quantity (U/I) To be determined _ Req No / Pri Required

TBD

Proposed

IAW System Requirment Document (3.9.2), spares support shall be provided for operational sustainability to minimize the requirement for cannibalizations. Components under warranty or repair contract shall be replaced, repaired, and

Inspection/Acceptance Report: Invoice

Quality Assurance: Standard Inspection

Buy American Act/Balance of Payments Program Type / Ship To Quantity (U/I) To be determined _ Req No / Pri

DATA Exhibit AC Data For Low Rate Initial Production The contractor shall provide the data in accordance with Section J, Contract Data Requirements List (DD Form 1423)

In accordance with clause 252.217-7028 for those requirements not otherwise identified, as directed by the ACO.

SECTION D

PACKAGING AND MARKING

WOODEN LUMBER, WOODEN PALLET AND PACKAGING/CONTAINER STATEMENT (FEB 2007)

(IAW AFMC FORM 158)

All wooden lumber, wooden pallets, and wooden containers produced entirely or in part of solid wood packing material (SWPM) shall be constructed from heat-treated (HT) material (HT 56 degrees centigrade or 133 degrees Fahrenheit for 30 minutes). Certification/marking is required by an accredited agency recognized by the American Lumber Standards Committee (ALSC). For reference documentation, see ―International Standards for Phytosanitary Measures (ISPM) No. 15.‖ This document can be found at www.ippc.int .

SECTION E

INSPECTION AND ACCEPTANCE

52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

(IAW FAR 46.302)

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

(IAW FAR 46.316)

252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)

(IAW DFARS 246.370)

http://www.ippc.int/

INSPECTION AND ACCEPTANCE (SEP 1999)

(IAW FAR 46.401(b), FAR 46.503)

Government Contract Quality Assurance Inspection and Acceptance will be at (Final):

[CONTRACTOR FILL-IN]

Item No(s): See schedule for items with the following code(s) listed below :

Inspection Code and Address:

SECTION F

DELIVERIES OR PERFORMANCE

52.211-8 TIME OF DELIVERY (JUN 1997)

(IAW FAR 11.404(a)(2)) DELIVERY FOR EACH ITEM IS ANNOTATED IN THE SCHEDULE (PART I SECTION B) UNDER EACH LINE

ITEM.

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

(IAW FAR 11.703(b))

52.242-15 STOP-WORK ORDER (AUG 1989)

(IAW FAR 42.1305(b)(1))

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

(IAW FAR 42.1305(c))

PART II - CONTRACT CLAUSES

SECTION I

CONTRACT CLAUSES

5352.201-9101 OMBUDSMAN (AUG 2005)

(IAW AFFARS 5301.9103)

(c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM ombudsmen, OC-ALC/PKC at 405 736 -3273 , FAX - , email . Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number

(703) 588-1067.

52.202-1 DEFINITIONS (JUL 2004)

(IAW FAR 2.201)

52.203-3 GRATUITIES (APR 1984)

(IAW FAR 3.202)

52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

(IAW FAR 3.404)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

(IAW FAR 3.503-2)

52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995)

(IAW FAR 3.502-3)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY (JAN 1997)

(IAW FAR 3.104-9(a))

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

(IAW FAR 3.104-9(b))

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(SEP 2007)

(IAW FAR 3.808(b))

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

(IAW FAR 3.1004(b), DFARS 201.1004(b)(2)(ii))

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

Poster(s) Obtain from ------------------ [For DoD:] DoD Inspector General, ------------------ ATTN: Defense Hotline, ------------------ 400 Army Navy Drive ------------------ Washington, DC 22202-2884

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-

CONTRACT-RELATED FELONIES (DEC 2004)

(IAW DFARS 203.570-3)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)

(IAW FAR 4.303)

52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

(IAW FAR 4.1104)

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

(IAW DFARS 204.404-70(b))

252.204-7004 ALTERNATE A, CENTRAL CONTRACTOR REGISTRATION (SEP 2007)

(IAW DFARS 204.1104)

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS

(DEC 1991)

(IAW DFARS 205.470)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

(SEP 2006)

(IAW FAR 9.409)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE

GOVERNMENT OF A TERRORIST COUNTRY (DEC 2006)

(IAW DFARS 209.409)

5352.209-9002 ORGANIZATIONAL CONFLICT OF INTEREST (AFMC) (AUG 2002)

(IAW AFMCFARS 5309.507-2(a))

5352.209-9002 ORGANIZATIONAL CONFLICT OF INTEREST -- ALTERNATE II (AFMC) (AUG 2002)

(IAW AFMCFARS 5309.507-2(a)(3)) (a)(2) This restriction shall be effective for

5352.209-9002 ORGANIZATIONAL CONFLICT OF INTEREST -- ALTERNATE VI (AFMC) (AUG 2002)

(IAW AFMCFARS 5309.507-2(a)(7))

52.211-5 MATERIAL REQUIREMENTS (AUG 2000)

(IAW FAR 11.304)

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)

(IAW FAR 11.604(b)) This is a rated order certified for national defense , emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).

252.211-7003 ITEM IDENTIFICATION AND VALUATION (AUG 2008)

(IAW DFARS 211.274-5(a), DFARS 212.301(f)(vi))

(a) Definitions. As used in this clause—

―DoD recognized unique identification equivalent‖ means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid/equivalents.html .

―Unique item identifier type‖ means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html .

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) All delivered items for which the Government’s unit acquisition cost is $5,000 or more.

(ii) The following items for which the Government’s unit acquisition cost is less than $5,000:

Contract Line, Subline, or Exhibit Line Item Number

Item Description

*Items less than $5000, which require UID, will be specifically identified in the schedule.

See Schedule as Applicable

(iii) Subassemblies, components, and parts embedded within delivered items as specified in Attachment Number (See Schedule as Applicable).

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause in accordance with the data submission procedures at http://www.acq.osd.mil/dpap/pdi/uid/data_submission_information.html .

52.215-2 AUDIT AND RECORDS--NEGOTIATION (JUN 1999)

(IAW FAR 15.209(b)(1))

52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

(IAW FAR 15.209(h))

52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1997)

(IAW FAR 15.408(b))

52.215-12 SUBCONTRACTOR COST OR PRICING DATA (OCT 1997)

(IAW FAR 15.408(d))

52.215-14 INTEGRITY OF UNIT PRICES (OCT 1997)

(IAW FAR 15.408(f)(1)) http://www.acq.osd.mil/dpap/pdi/uid/iuid/equivalents.html http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html http://www.acq.osd.mil/dpap/pdi/uid/data_submission_information.html

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

(IAW FAR 15.408(k))

52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN

COST OR PRICING DATA--MODIFICATIONS (OCT 1997)

(IAW FAR 15.408(m))

252.215-7002 COST ESTIMATING SYSTEM REQUIREMENTS (DEC 2006)

(IAW DFARS 215.408(2))

52.216-7 ALLOWABLE COST AND PAYMENT (DEC 2002)

(IAW FAR 16.307(a))

(a) Invoicing.

(3) The designated payment office will make interim payments for contract financing on the _30th day

52.217-2 CANCELLATION UNDER MULTIYEAR CONTRACTS (OCT 1997)

(IAW FAR 17.109(a))

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM

(MAR 1989)

(IAW FAR 17.208(e))

The Contracting Officer may exercise the option by written notice to the Contractor within

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(IAW FAR 17.208(g))

(a) The Government may extend the term of this contract by written notice to the Contractor within *********************************** ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least *********************************** days before the contract expires.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed

252.217-7028 OVER AND ABOVE WORK (DEC 1991)

(IAW DFARS 217.7702)

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZone SMALL BUSINESS

CONCERNS (JUL 2005)

(IAW FAR 19.1308(b))

(c) Waiver of evaluation preference.

__ Offeror elects to waive the evaluation preference.

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004)

(IAW FAR 19.708(a))

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (APR 2008)

(IAW FAR 19.708(b)(1))

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN -- ALTERNATE II (OCT 2001)

(IAW FAR 19.708(b)(1))

52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (JAN 1999)

(IAW FAR 19.708(b)(2))

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUN 2007)

(IAW FAR 19.308(d))

(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].

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DoD CONTRACTS) (APR 2007)

(IAW DFARS 219.708(b)(1)(A))

252.219-7004 SMALL BUSINESS SUBCONTRACTING PLAN (TEST PROGRAM) (AUG 2008)

(IAW DFARS 219.708(b)(1)(B))

5352.219-9000 INCORPORATION OF SUBCONTRACTING PLAN (AFMC) (OCT 2008)

(IAW AFMCFARS 5319.708(d)(1)) In accordance with FAR 52.219-9, Small Business Subcontracting Plan, the subcontracting plan contained in * dated * is incorporated herein by reference.

*Incorporation of Subcontracting Plan

Location of Plan Date of Plan

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

(IAW FAR 22.103-5(a))

52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES (FEB 2008)

(IAW FAR 22.1505(b))

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

(IAW FAR 22.810(a)(1))

52.222-26 EQUAL OPPORTUNITY (MAR 2007)

(IAW FAR 22.810(e))

52.222-29 NOTIFICATION OF VISA DENIAL (JUN 2003)

(IAW FAR 22.810(g))

52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE

VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006)

(IAW FAR 22.1310(a)(1), DFARS 222.1310(a)(1))

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)

(IAW FAR 22.1408(a))

52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE

VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006)

(IAW FAR 22.1310(b))

52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES

OR FEES (DEC 2004)

(IAW FAR 22.1605)

52.222-50 COMBATING TRAFFICKING IN PERSONS (AUG 2007)

(IAW FAR 22.1705(a))

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (AUG 2003)

(IAW FAR 23.1005(a))

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

(IAW FAR 23.505)

52.223-14 TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

(IAW FAR 23.906(b))

5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODSs)

(APR 2003)

(IAW AFFARS 5323.804(c))

(c) The requiring activity has obtained SAO approval to permit the contractor to use the following Class I ODS(s).

[List each Class I ODS, its applications or use and the approved quantities for use throughout the length of the contract. If "None," so state.]

Item No Class I ODS Application or Use Quantity (lbs) per contract period performance

SEE LINE ITEM SCHEDULE

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

(IAW FAR 25.1103(a))

252.225-7001 BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM (JUN 2005)

(IAW DFARS 225.1101(2))

252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (APR 2003)

(IAW DFARS 225.1101(3))

252.225-7004 REPORT OF INTENDED PERFORMANCE OUTSIDE THE UNITED STATES AND

CANADA -- SUBMISSION AFTER AWARD (MAY 2007)

(IAW DFARS 225.7204(b))

252.225-7006 QUARTERLY REPORTING OF ACTUAL CONTRACT PERFORMANCE OUTSIDE THE

UNITED STATES (MAY 2007)

(IAW DFARS 225.7204(c))

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (MAR 2008)

(IAW DFARS 225.7002-3(a))

252.225-7013 DUTY-FREE ENTRY (OCT 2006)

(IAW DFARS 225.1101(4))

252.225-7014 PREFERENCE FOR DOMESTIC SPECIALTY METALS (DEVIATION) (JAN 2008)

(IAW DAR Tracking Number 2008-O0002)

(a) Definitions. As used in this clause—

(1) ―Produce‖ means the application of forces or processes to a specialty metal to create desired physical properties through quenching or tempering of steel plate, or gas atomization or sputtering of titanium.

(2) ―Specialty metal‖ means—

(i) Steel—

(A) With a maximum alloy content exceeding one or more of the following limits:

manganese, 1.65 percent; silicon, 0.60 percent; or copper, 0.60 percent; or

(B) Containing more than 0.25 percent of any of the following elements: aluminum, chromium, cobalt, molybdenum, nickel, niobium (columbium), titanium, tungsten, or vanadium;

(ii) Metal alloys consisting of—

(A) Nickel or iron-nickel alloys that contain a total of alloying metals other than nickel and iron in excess of 10 percent; or

(B) Cobalt alloys that contain a total of alloying metals other than cobalt and iron in excess of 10 percent;

(iii) Titanium and titanium alloys; or

(iv) Zirconium and zirconium alloys.

(b) Any specialty metal delivered under this contract shall be melted or produced in the United States or its outlying areas.

252.225-7014 PREFERENCE FOR DOMESTIC SPECIALTY METALS -- ALTERNATE I (DEVIATION)

(JAN 2008)

(IAW DAR Tracking Number 2008-O0002)

As prescribed in 225.700x-5(b), substitute the following paragraphs (a) and (b) for paragraphs (a) and (b) of the basic clause and add the following paragraphs (c) and (d) to the basic clause:

(a) Definitions. As used in this clause—

(1) ―Assembly‖ means an item forming a portion of a system or subsystem that can be provisioned and replaced as an entity and which incorporates multiple, replaceable parts.

(2) ―Commercial derivative military article‖ means an item procured by the Department of Defense that is or will be produced using the same production facilities, a common supply chain, and the same or similar production processes that are used for the production of articles predominantly used by the general public or by nongovernmental entities for purposes other than governmental purposes.

(3) ―Commercially available off-the-shelf item‖—

(i) Means any item of supply that is—

(A) A commercial item;

(B) Sold in substantial quantities in the commercial marketplace; and

(C) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(ii) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App.

1702), such as agricultural products and petroleum products.

(4) ―Component‖ means any item supplied to the Government as part of an end item or of another component.

(5) ―Electronic component‖ means an item that operates by controlling the flow of electrons or other electrically charged particles in circuits, using interconnections of electrical devices such as resistors, inductors, capacitors, diodes, switches, transistors, or integrated circuits.

(6) ―End item‖ means the final production product when assembled or completed, and ready for issue, delivery, or deployment.

(7) ―Produce‖ means the application of forces or processes to a specialty metal to create desired physical properties through quenching or tempering of steel plate, or gas atomization or sputtering of titanium.

(8) ―Qualifying country‖ means any country listed in subsection 225.872-1(a) or (b) of the Defense Federal Acquisition Regulation Supplement (DFARS).

(9) ―Required form‖ means in the form of mill product, such as bar, billet, wire, slab, plate or sheet, and in the grade appropriate for the production of—

(i) A finished end item delivered to the Department of Defense; or

(ii) A finished component assembled into an end item delivered to the Department of Defense.

(10) ―Specialty metal‖ means—

(i) Steel—

(A) With a maximum alloy content exceeding one or more of the following limits:

manganese, 1.65 percent; silicon, 0.60 percent; or copper, 0.60 percent; or

(B) Containing more than 0.25 percent of any of the following elements: aluminum, chromium, cobalt, molybdenum, nickel, niobium (columbium), titanium, tungsten, or vanadium.

(ii) Metal alloys consisting of—

(A) Nickel or iron-nickel alloys that contain a total of alloying metals other than nickel and iron in excess of 10 percent; or

(B) Cobalt alloys that contain a total of alloying metals other than cobalt and iron in excess of 10 percent;

(iii) Titanium and titanium alloys; or

(iv) Zirconium and zirconium base alloys.

(11) ―Subsystem‖ means a functional grouping of items that combine to perform a major function within an end item, such as electrical power, attitude control, and propulsion.

(b) Except as provided in paragraph (c) of this clause, any specialty metals incorporated in items delivered under this contract shall be melted or produced in the United States, its outlying areas, or a qualifying country, except for—

(1) Electronic components;

(2) (i) Commercially available off-the-shelf (COTS) items; other than—

(A) COTS fasteners, unless such fasteners are incorporated into COTS end items, subsystems, assemblies, or components.

(B) Forgings or castings of specialty metals, unless such forgings or castings are incorporated into COTS end items, subsystems, or assemblies.

(C) Commercially available high performance magnets, unless such high performance magnets are incorporated into COTS end items or subsystems;

(ii) A COTS item is considered to be ―offered without modification‖ as long as it is not modified prior to contractual acceptance by the next higher tier in the supply chain.

(A) Specialty metals contained in a COTS item that was accepted without modification by the next higher tier are excepted and remain excepted even if a piece of the COTS item subsequently is removed (e.g., the end is removed from a COTS screw or an extra hole is drilled in a COTS bracket).

(B) For specialty metals that were not contained in a COTS item upon acceptance, but are added to the COTS item after acceptance, the added specialty metals are subject to the restrictions (e.g., a special reinforced handle made of specialty metal that is added to a COTS item).

(C) If two or more COTS items are combined in such a way that the resultant item is not a COTS item, only the specialty metals involved in joining the COTS items together are subject to the restrictions (e.g., a COTS aircraft is outfitted with a COTS engine, but not a COTS engine normally provided with that aircraft.)

(D) For COTS items that are normally sold in the commercial marketplace with various options, items that include such options are also COTS items. However, if a COTS item is offered to the Government with an option that is not normally offered in the commercial marketplace, that option is subject to the specialty metals restrictions. (e.g., An aircraft is normally sold to the public with an option for several different radios. DoD requests a military-unique radio. The aircraft is still a COTS item, but the military-unique radio is not a COTS item, and must comply with the specialty metals restrictions, unless another excerption applies.)

(3) Fasteners that are commercial items that are purchased under a contract or subcontract with a manufacturer of such fasteners, if the manufacturer has certified that it will purchase, during the relevant calendar year, an amount of domestically melted specialty metal, in the required form, for use in the production of fasteners for sale to the Department of Defense and other customers, that is not less than 50% of the total amount of the specialty metal that it will purchase to carry out the production of such fasteners for all customers.

(4) Items manufactured in a qualifying country;

(5) Items for which the Government has determined in accordance with 225.700x-3 of Class Deviation 2008- O0002 that specialty metal melted or produced in the United States cannot be acquired as and when needed in—

(i) A satisfactory quality;

(ii) A sufficient quantity; and

(iii) The required form.

(6) Specialty metals, other than specialty metals in high performance magnets, that do not meet any of the exceptions in paragraphs (b)(1) through (5) of this clause, if the total weight of such noncompliant metals does not exceed 2 percent of the total weight of specialty metals in the item, as estimated in good faith by the Contractor.

(c) (1) Streamlined compliance for commercial derivative military articles. As an alternative to the compliance required in paragraph (b) of this clause, the Contractor may purchase an amount of domestically melted specialty metals in the required form, for use during the period of contract performance in the production of the commercial derivative military article and the related commercial article, In the amount determined in accordance with paragraph (c)(2) of this clause if—

(i) This is an acquisition of commercial derivative military articles; and

(ii) The Contractor has certified in its offer in accordance with paragraph (c)(2) of this clause.

(2) Certification for streamlined compliance for commercial derivative military articles (to be submitted with offer when applicable). The offeror [ ] certifies [ ] does not certify that prior to award it will have entered into a contractual agreement or agreements to purchase an amount of domestically melted or produced specialty metal in the required form for use during the period of contract performance in the production of the commercial derivative military article and the related commercial article, that is not less than the Contractor’s good faith estimate of the greater of—

(i) An amount equivalent to 120% of the amount of specialty metal that is required to carry out the production of the commercial derivative military article (including the work performed under each subcontract); or

(ii) An amount equivalent to 50% of the amount of specialty metal that is purchased by the contractor and its subcontractors for use during such period in the production of the commercial derivative military article and the related commercial article.

(3) For the purposes of the certification in paragraph (c)(2) of this clause, the amount of specialty metal that is required to carry out the production of the commercial derivative military article includes specialty metal contained in any item, including commercially available off-the-shelf items, incorporated into such commercial derivative military article.

(d) Unless the Contractor has certified in accordance with paragraph (c), the Contractor shall insert the substance of this clause, excluding paragraph (c) but including this paragraph (d), in all subcontracts for articles containing specialty metals.

252.225-7027 RESTRICTION ON CONTINGENT FEES FOR FOREIGN MILITARY SALES (APR 2003)

(IAW DFARS 225.7307(a))

(b) (1) For sales to the Government(s) of Australia, Taiwan, Egypt, Greece, Israel, Japan, Jordan, Republic of Korea, Kuwait, Pakistan, Philippines, Saudi Arabia, Turkey, Thailand, or Venezuela (Air Force), contingent fees in any amount.

252.225-7028 EXCLUSIONARY POLICIES AND PRACTICES OF FOREIGN GOVERNMENTS

(APR 2003)

(IAW DFARS 225.7300, DFARS 225.7307(b))

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004)

(IAW DFARS 226.104)

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

(IAW FAR 27.201-2(a)(1))

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT (DEC 2007)

(IAW FAR 27.201-2(b))

52.227-14 RIGHTS IN DATA--GENERAL (DEC 2007)

(IAW FAR 27.409(b)(1))

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

(IAW DFARS 227.7102-3(b), DFARS 227.7103-6(a), DFARS 212.7003(b)(1))

(e) (3) The Contractor asserts for itself, or the persons identified below, that the Government's rights to use, release, or disclose the following technical data should be restricted—

Technical Data to be Furnished With Restrictions*

Basis for Assertion**

Asserted Rights Category***

Name of person Asserting Restrictions****

(LIST) (LIST) (LIST) (LIST)

*If the assertion is applicable to items, components, or processes developed at private expense, identify both the data and each such item, component, or process.

**Generally, the development of an item, component, or process at private expense, either exclusively or partially, is the only basis for asserting restrictions on the Government's rights to use, release, or disclose technical data pertaining to such items, components, or processes. Indicate whether development was exclusively or partially at private expense. If development was not at private expense, enter the specific reason for asserting that the Government's rights should be restricted.

***Enter asserted rights category (e.g., government purpose license rights from a prior contract, rights in

SBIR data generated under another contract, limited or government purpose rights under this or a prior contract, or specifically negotiated licenses).

****Corporation, individual, or other person, as appropriate.

Date ___________________________________ Printed Name ___________________________________ and Title ___________________________________ Signature ___________________________________

(End of identification and assertion)

(f) (2) Government purpose rights markings.

Data delivered or otherwise furnished to the Government purpose rights shall be marked as follows:

GOVERNMENT PURPOSE RIGHTS

Contract No __________________________________ Contractor Name __________________________________ Contractor Address

Expiration Date __________________________________

The Government's rights to use, modify, reproduce, release, perform, display, or disclose these technical data are restricted by paragraph (b)(2) of the Rights in Technical Data--Noncommercial Items clause contained in the above identified contract. No restrictions apply after the expiration date shown above. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings.

(End of Legend)

(3) Limited rights markings.

Data delivered or otherwise furnished to the Government with limited rights shall be marked with the following legend:

LIMITED RIGHTS

Contract No __________________________________ Contractor Name __________________________________ Contractor Address __________________________________

The Government's rights to use, modify, reproduce, release, perform, display, or disclose these technical data are restricted by paragraph (b)(3) of the Rights in Technical Data--Noncommercial Items clause contained in the above identified contract. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings. Any person, other than the Government, who has been provided access to such data must promptly notify the above name Contractor.

(End of legend)

(4) Special license rights markings.

(i) Data in which the Government's rights stem from a specifically negotiated license shall be marked with the following legend:

SPECIAL LICENSE RIGHTS

The Government's rights to use, modify, reproduce, release, perform, display, or disclose these data are restricted by Contract No. __________ (Insert contract number)_______, License No. __________ (Insert license identifier)______. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings.

(End of legend)

252.227-7013 RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS -- ALTERNATE I

(JUN 1995)

(IAW DFARS 227.7103-6(b))

252.227-7014 RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL

COMPUTER SOFTWARE DOCUMENTATION (JUN 1995)

(IAW DFARS 227.7203-6(a)(1))

252.227-7016 RIGHTS IN BID OR PROPOSAL INFORMATION (JUN 1995)

(IAW DFARS 227.7103-6(e)(1), DFARS 227.7104(e)(1), DFARS 227.7203-6(b))

252.227-7025 LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT-FURNISHED

INFORMATION MARKED WITH RESTRICTIVE LEGENDS (JUN 1995)

(IAW DFARS 227.7103-6(c), DFARS 227.7104(f)(1), DFARS 227.7203-6(d))

252.227-7030 TECHNICAL DATA--WITHHOLDING OF PAYMENT (MAR 2000)

(IAW DFARS 227.7103-6(e)(2), DFARS 227.7104(e)(4))

(a) the Contracting Officer may until such data is accepted by the Government, withhold payment to the Contractor of ten percent (10%) of the total contract price or amount

252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (SEP 1999)

(IAW DFARS 227.7102-3(c), DFARS 227.7103-6(e)(3), DFARS 227.7104(e)(5), DFARS 227.7203-6(f))

252.228-7001 GROUND AND FLIGHT RISK (SEP 1996)

(IAW DFARS 228.370(b))

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 2003)

(IAW FAR 29.401-3(a))

52.232-1 PAYMENTS (APR 1984)

(IAW FAR 32.111(a)(1))

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

(IAW FAR 32.111(b)(1))

52.232-11 EXTRAS (APR 1984)

(IAW FAR 32.111(c)(2))

52.232-17 INTEREST (OCT 2008)

(IAW FAR 32.611(a), FAR 32.611(b))

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

(IAW FAR 32.705-1(a))

52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

(IAW FAR 32.806(a)(1))

52.232-25 PROMPT PAYMENT (OCT 2008)

(IAW FAR 32.908(c))

(a) Invoice payments—

(5) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR part 1315.

(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR

REGISTRATION (OCT 2003)

(IAW FAR 32.1110(a)(1))

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(MAR 2008)

(IAW DFARS 232.7004)

(a) Definitions. As used in this clause—

(1) ―Contract financing payment‖ and ―invoice payment‖ have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) ―Electronic form‖ means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) ―Payment request‖ means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/ .

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when—

(1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will transfer to WAWF;

(2) DoD is unable to receive a payment request or provide acceptance in electronic form;

(3) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer’s determination with each request for payment; or

(4) DoD makes a payment for commercial transportation services provided under a Government rate tender or a contract for…