JMM BRU RFP FA8672-12-R-0168.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 350)

RATING

DO-A5

PAGE OF PAGES

1 32

2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED

14 SEP 2012

6. REQUISITION/PURCHASE NO.

FA8672-12-R-0168

7. ISSUED BY AAC/EBMK/EBMS CODE FA8672 8. ADDRESS OFFER TO (If other than Item 7)

DEPARTMENT OF THE AIR FORCE

AFLCMC/EBMK

205 WEST D AVE, BLDG 11

EGLIN AFB, FL 32542-6864

WESLEY D. MASON 882-8004

WESLEY.MASON2@EGLIN.AF.MIL

DEPARTMENT OF THE AIR FORCE

AFLCMC/EBMK

ATTN: Catherine Gray 210 West D. Avenue, Suite 101, Bldg 373 Eglin AFB FL 32542

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.

SOLICITATION

9. IAW Section L, paragraph 1(R), proposals are due on 14 Nov 12 no later than 1500 CST.

10. FOR

INFORMATION

CALL:

A. NAME

See Block 7

B. TELEPHONE (Include area code)

(NO COLLECT CALLS)

See Block 7

C. E-MAIL ADDRESS

See Block 7

11. TABLE OF CONTENTS

(√) SEC. DESCRIPTION PAGE(S) (√) SEC DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

√ A SOLICITATION/CONTRACT FORM 1 √ I CONTRACT CLAUSES 24

√ B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACH.

√ C DESCRIPTION/SPECS./WORK STATEMENT 8 √ J LIST OF ATTACHMENTS 32

√ D PACKAGING AND MARKING 9 PART IV - REPRESENTATIONS AND INSTRUCTIONS

√ E INSPECTION AND ACCEPTANCE 10 √ K REPRESENTATIONS, CERTIFICATIONS, K - 1

√ F DELIVERIES OR PERFORMANCE 12 AND OTHER STATEMENTS OF OFFERORS

√ G CONTRACT ADMINISTRATION DATA Error!

√ L INSTRS, CONDS, AND NOTICES TO OFFERORS L - 1

√ H SPECIAL CONTRACT REQUIREMENTS 14 √ M EVALUATION FACTORS FOR AWARD M - 1

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ____300____ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date of receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

14. ACKNOWLEDGEMENTS OF AMENDMENTS

(The offeror acknowledges receipt of amend-

AMENDMENT NO. DATE AMENDMENT NO. DATE

ments to the SOLICITATION for offerors and related documents numbered and dated:

15A. NAME

AND

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

ADDRESS

OF

OFFEROR

15B. TELEPHONE NO. (Include area code)

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETI-

TION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV. 9-97)

PREVIOUS EDITION IS UNUSABLE Prescribed by GSA ConWrite Version 6.13.1 FAR (48 CFR) 53.21(c) Created 14 Sep 2012 2:05 PM

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION B FA8672-12-R-0168

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

0001 1 Lot __________ Noun: TECHNOLOGY DEVELOPMENT (TD) NSN: N - Not Applicable Contract type: L - FIXED PRICE INCENTIVE FIRM Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

The Contractor shall conduct a TD Phase to initiate JMM BRU design activities, mature JMM BRU technologies, initiate production process development to determine the appropriate set of technologies to be integrated into a full system, and conduct prototyping in a relevant environment in accordance with (IAW) Section C documents.

0002 OPTION CLIN (supply) __________

Noun: ENGINEERING & MANUFACTURING DEVELOPMENT

(EMD) JMM BRU DEVELOPMENT

NSN: N - Not Applicable Contract type: L - FIXED PRICE INCENTIVE FIRM Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

The Contractor shall execute EMD that encompasses continued JMM BRU development, design verification, design qualification, initial aircraft integration, fabrication of flight test assets and demonstrate production processes IAW the applicable Section C documents.

This is an option CLIN for EMD JMM BRU Development. The option exercise window, period of performance and delivery period associated with this CLIN will be IAW Section H clause EGLIN-H008

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

0003 OPTION CLIN (supply) __________

Noun: EMD JMM BRU F-35 FLIGHT TEST NSN: N - Not Applicable Contract type: L - FIXED PRICE INCENTIVE FIRM Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

The Contractor shall conduct the activities to support the EMD JMM BRU F-35 Flight Test program IAW applicable Section C documents.

This is an option CLIN for EMD JMM BRU F-35 Flight Test. The option exercise window, H clause EGLIN-H008.

Noun: JMM BRU PRODUCTION LOT 1 NSN: N - Not Applicable Descriptive Data:

The Contractor shall conduct production activities that ensure an efficient manufacturing capability and establish an initial production base for system, permit an orderly increase in the production rate for the system and lead to Full Rate Production (FRP) upon successful completion of operational testing IAW the applicable Section C documents.

0004AA OPTION CLIN (supply) __________

Noun: JOINT MINIATURE MUNITIONS BOMB RACK UNIT NSN: N - Not Applicable Contract type: L - FIXED PRICE INCENTIVE FIRM Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

This is an option CLIN for JMM BRU Production Lot 1. The option exercise window, period of performance and delivery period associated with this CLIN will be IAW Section H clause EGLIN-H008. Unit pricing will be IAW Attachment 5, JMM BRU Production Lot 1 Pricing Table.

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

0004AB OPTION CLIN (supply) __________

Noun: JMM BRU SHIPPING CONTAINER NSN: N - Not Applicable Contract type: L - FIXED PRICE INCENTIVE FIRM Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

This is an option CLIN for JMM BRU Production Lot 1. The option exercise window, Noun: JMM BRU PRODUCTION LOT 2 NSN: N - Not Applicable Descriptive Data:

The Contractor shall conduct production activities that ensure an efficient manufacturing capability and establish an initial production base for system, permit an orderly increase in the production rate for the system and lead to Full Rate Production (FRP) upon successful completion of operational testing IAW the applicable Section C documents.

0005AA OPTION CLIN (supply) __________

Noun: JOINT MINIATURE MUNITIONS BOMB RACK UNIT NSN: N - Not Applicable Contract type: L - FIXED PRICE INCENTIVE FIRM Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

This is an option CLIN for JMM BRU Production Lot 2. The option exercise window, period of performance and delivery period associated with this CLIN will be IAW Section H clause EGLIN-H008. Unit pricing will be IAW Attachment 6, JMM BRU Production Lot 2 Pricing Table.

0005AB OPTION CLIN (supply) __________

Noun: JMM BRU SHIPPING CONTAINER NSN: N - Not Applicable Contract type: L - FIXED PRICE INCENTIVE FIRM Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

This is an option CLIN for JMM BRU Production Lot 2. The option exercise window, Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

0006 OPTION CLIN (supply) __________

Noun: JMM BRU TECHNICAL DATA PACKAGE (TDP) WITH

GOVERNMENT PURPOSE RIGHTS

NSN: N - Not Applicable Contract type: J - FIRM FIXED PRICE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

The Contractor shall provide a current Production Level TDP with Government Purpose Rights including all configuration changes to the JMM BRU design that fully describes the physical, mechanical, electrical, and logical interfaces of the entire JMM BRU system IAW Section J, Exhibit F, CDRL F001. The TDP will include the most current version of all JMM BRU software.

This is an option CLIN for a Production Level TDP with Government Purpose Rights as defined in DFARS 252.227-7013 and 252.227-7014. The option exercise window, period of performance and delivery period associated with this CLIN will be IAW Section H clause EGLIN-H008

0007 1 Lot __________ Noun: JMM BRU DATA NSN: N - Not Applicable Contract type: J - FIRM FIXED PRICE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

The Contractor shall prepare and provide data to support CLINS 0001 through 0006 in accordance with Section J, Exhibits A through F.

Contractor shall propose as not separately priced (NSP)

NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

OTHER CONTRACT CLAUSES IN FULL TEXT

B030 CONTRACT TYPE: FIXED- PRICE- INCENTIVE -- FIRM TARGET (FEB 1997) (TAILORED)

The target cost, target profit, and target price contemplated by the contract clause entitled, "Incentive Price Revision-- Firm Target," are set forth below.

(1) CLIN 0001 is subject to 52.216-16, Incentive Price Revision -Firm Target, and option CLINs 0002-0005 are subject to 52.216-16, Incentive Price Revision -Firm Target, Alternate 1:

CLIN 0001 - Technology Development CLIN 0002 - Engineering and Manufacturing Development (EMD) JMM BRU Development CLIN 0003 - Engineering and Manufacturing Development (EMD) JMM BRU F-35 Flight Test CLIN 0004 - JMM BRU Production Lot 1 CLIN 0005 - JMM BRU Production Lot 2

(2) The target profit, ceiling price, and underrun and overrun share ratios for TD are established below:

Target Cost ____________ (insert target cost) Target Profit ____________ (insert target profit = 12% of target cost) Target Price ____________ (insert target price = target cost + target profit) Ceiling Price ____________ (insert ceiling price = 120% of target cost) Underrun and Overrun Share Ratios: 50 (Government) / 50 (Contractor)

(3) The target profit, ceiling price, and underrun and overrun share ratios for EMD JMM BRU Development are established below:

Target Cost ____________ (insert target cost) Target Profit ____________ (insert target profit = 12% of target cost) Target Price ____________ (insert target price = target cost + target profit) Ceiling Price ____________ (insert ceiling price = 120% of target cost) Underrun and Overrun Share Ratios: 50 (Government) / 50 (Contractor)

(4) The target profit, ceiling price, and underrun and overrun share ratios for EMD JMM F-35 Flight Test are established below:

Target Cost ____________ (insert target cost) Target Profit ____________ (insert target profit = 12% of target cost) Target Price ____________ (insert target price = target cost + target profit) Ceiling Price ____________ (insert ceiling price = 120% of target cost) Underrun and Overrun Share Ratios: 50 (Government) / 50 (Contractor)

(5) The target profit, ceiling price, and underrun and overrun share ratios for Production Lot 1 are established below:

Target Cost ____________ (insert target cost) Target Profit ____________ (insert target profit = 12% of target cost) Target Price ____________ (insert target price = target cost + target profit) Ceiling Price ____________ (insert ceiling price = 120% of target cost) Underrun and Overrun Share Ratios: 50 (Government) / 50 (Contractor)

(6) The target profit, ceiling price, and underrun and overrun share ratios for Production Lot 2 are established below:

Target Cost ____________ (insert target cost) Target Profit ____________ (insert target profit = 12% of target cost) Target Price ____________ (insert target price = target cost + target profit) Ceiling Price ____________ (insert ceiling price = 120% of target cost) Underrun and Overrun Share Ratios: 50 (Government) / 50 (Contractor)

(7) Data submission, as described in 52.216-16(c), shall be required 120 days after completion of applicable CLIN. For production lots, data submission shall be required 120 days after the delivery of the final item identified under paragraph (1) above, under the respective Lot. Applies to Fixed-Price Incentive (Firm Target) CLIN(s) only.

SECTION C - DESCRIPTION/SPECS./WORK STATEMENT

SECTION C FA8672-12-R-0168

NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

C001 WORK DESCRIPTION/SPECIFICATION (MAY 1997) (TAILORED)

Work called for by the contract line items specified in SECTION B shall be performed in accordance with the following:

CONTRACT LINE ITEM NUMBERS (CLINs) DESCRIPTION/SPECIFICATIONS

ALL CLINs JMM BRU Statement of Work, Section J, Attachment 1

ALL CLINs JMM BRU System Performance Specification, Section J, Attachment 2

ALL CLINs JMM BRU Performance Environments Criteria, Section J, Attachment 3

SECTION D - PACKAGING AND MARKING

SECTION D FA8672-12-R-0168

NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

EGLIN-D001 UNIQUE IDENTIFICATION (UID) JMM BRU (DEC 2011)

The Contractor shall implement Unique Identification (UID) Section I, DFARS clause 252.211-7003.

Application of UID applies to JMM BRU test and production assets and any DoD serially managed subassembly, component, or part embedded within the JMM BRU. UID will also be applied to unique tooling associated with the production of hardware in accordance with Public Law 110-417, Title VIII, Subtitle B, Section 815. UID will be applied in accordance with the most current revision of MIL-STD- 130N, MIL-STD-129P and will be in addition to current marking requirements. The outer container markings will be formatted in such a way the unique item contained can be identified. In addition to UID, the JMM BRU Part Number and serial number will be included as part of the Unique Item Identifier (UII) 2D matrix. Contractor is requested to submit Data Matrix sampling plan IAW MIL-STD-130N paragraph 5.2.7.

EGLIN-D002 PACKAGING AND MARKING (DEC 2011)

(a) Packaging and marking shall be in accordance with commercial and government practices to prevent damage during shipment and to ensure safe arrival at destination. The following may be used for information and guidance.

(1) MIL-STD-129P

(2) MIL-STD-130N

(b) Hazardous materials shall be prepared for shipment in accordance with the following applicable regulations for the individual shipment hazard, ultimate destination, and mode of transportation:

(1) Code of Federal Regulations (CFR) Title 29, Part 1910.1200;

(2) Code of Federal Regulations (CFR) Title 49;

(3) Air Force Manual (AFMAN) 24-204 (Interservice) TM 38-250 NAVSUP PUB 505 MCO P4030.19I DLAI 4145.3 dated 1 September 2009, Transportation Preparing Hazardous Materials for Military Air Shipments;

(4) International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air; and

(5) International Maritime Dangerous Goods (IMDG) Code.

SECTION E - INSPECTION AND ACCEPTANCE

SECTION E FA8672-12-R-0168

I. NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.246-02 INSPECTION OF SUPPLIES -- FIXED-PRICE (AUG 1996)

52.246-02 INSPECTION OF SUPPLIES -- FIXED-PRICE (AUG 1996) - ALTERNATE I (JUL 1985)

52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (FEB 1999)

Title, number (if any), date, and tailoring (if any) of the higher-level quality standards: ''To be provided by Offeror''

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

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

II. NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

E005 INSPECTION AND ACCEPTANCE (MAR 1998) (TAILORED)

a. CLIN 0001 - Technology Development (TD) shall be accepted via DD Form 250, Material Inspection and Receiving Report. Inspection and acceptance shall be performed by the Procuring Contracting Officer (PCO) upon verification of CLIN completion of requirements with the Program Manager. Contract effort is considered complete when the contractor successfully completes a Preliminary Design Review (PDR) and all tasks identified in the Statement of Work, Section 2.

b. CLIN 0002 - Engineering Manufacturing Development (EMD) JMM BRU Development shall be accepted via DD Form 250, Material Inspection and Receiving Report. Inspection and acceptance shall be performed by the PCO upon verification of CLIN completion of requirements with the Program Manager. Contract effort is considered complete when the contractor successfully completes the System Verification Review (SVR), Production Readiness Review (PRR) and Functional Configuration Audit (FCA) and all tasks identified in the Statement of Work, Section 3.

c. CLIN 0003 - EMD JMM BRU F-35 Flight Test shall be accepted via DD Form 250, Material Inspection and Receiving Report. Inspection and acceptance shall be performed by the PCO upon verification of CLIN completion of requirements with the Program Manager. Contract effort is considered complete when the contractor successfully completes all tasks identified in the Statement of Work, Section 4.

d. CLINs 0004 and 0005 - JMM BRU Production Lots 1 and 2, Inspection and acceptance criteria for the JMM BRU Production Lots 1 and 2 shall be accomplished at destination by the cognizant Government representative in accordance with the JMM BRU Acceptance Plan (AP) submitted by the contractor and approved by the Government under Exhibit D, CDRL D043 and Exhibit E, E043. Contract effort is considered complete when the contractor successfully completes all tasks identified in the Statement of Work, Section 5. Final acceptance shall be evidenced by the cognitive government representative acceptance within Wide Area Work Flow.

e. CLIN 0006 - The JMM BRU Technical Data Package (TDP) with Government Purpose Rights shall be accepted via DD Form 250. The Contractor shall provide a Production Level TDP with Government Purpose Rights, including all configuration changes to the JMM BRU design, that fully

SECTION E - INSPECTION AND ACCEPTANCE

SECTION E FA8672-12-R-0168

describes the physical, mechanical, electrical and logical interfaces of the entire JMM BRU system IAW Section H clause EGLIN-H011 and Section J CDRL F001. Inspection and acceptance shall be performed by the Procuring Contracting Officer (PCO) upon verification of completion of requirements with the Program Manager. Contract effort is considered complete when the effort is accomplished as indicated by Government approval of CDRL F001.

f. CLIN 0007 - The JMM Data CLIN, inspection and acceptance shall be performed by the PCO upon verification of completion of requirements with the Program Manager. Contract effort is considered complete when all data deliverables have been provided and confirmed by the Government.

E006 PAYMENT REQUEST AND RECEIVING REPORT SUBMISSION INSTRUCTIONS (AUG 2006)

(TAILORED)

(a) Pursuant to DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports, use of the Wide Area Work Flow - Receipt and Acceptance (WAWF-RA) system for electronic submission of payment requests and receipt/acceptance documents is mandatory for this award. In accordance with DFARS 252.246-7000, Material Inspection and Receiving Report, use of WAWF-RA fulfills the requirements for submission of DD Form 250s.

(b) Technical reports are not to be submitted as attachments in WAWF-RA.

(c) A copy of the receiving report printed from WAWF-RA shall accompany each shipment which requires a DD Form 250/receiving report.

(d) PROCESSING STATUS. Any inquiry as to the processing status of a payment request or receiving report should be made to the following office: TBD (at time of award - will insert ACO's name, address, and telephone number).

SECTION F - DELIVERIES OR PERFORMANCE

SECTION F FA8672-12-R-0168

SHIP MARK TRANS

ITEM SUPPLIES SCHEDULE DATA QTY TO FOR PRI DATE

0001 1 U 24 MARO

Noun: TECHNOLOGY DEVELOPMENT (TD) Descriptive Data:

The Contractor shall conduct a TD effort to initiate JMM BRU design activities, mature JMM BRU technologies, initiate production process development to determine the appropriate set of technologies to be integrated into a full system, and conduct prototyping in a relevant environment in accordance with Section C documents.

0007 1 U ASREQ

Noun: JMM BRU DATA Descriptive Data:

The Contractor shall deliver data in accordance with the individual Contract Data Requirements Lists (CDRLs) delivery requirements(See Section J, Exhibits A-F).

I. NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.242-15 STOP-WORK ORDER (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

52.247-34 F.O.B. DESTINATION (NOV 1991)

52.247-48 F.O.B. DESTINATION -- EVIDENCE OF SHIPMENT (FEB 1999)

II. NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

F003 CONTRACT DELIVERIES (FEB 1997) (TAILORED)

The following terms, if used within this contract in conjunction with contract delivery requirements (including data deliveries), are hereby defined as follows:

(a) "MAC" and "MARO" mean "months after the effective date for award of the contractual action (as shown in block 3, Section A, SF 26)".

(b) "WARO" means "weeks after the effective date for award of the contractual action".

(c) "DARO" means "days after the effective date for award of the contractual action".

(d) "ASREQ" means "as required". Detailed delivery requirements are then specified elsewhere in Section F.

(e) "NGT" means "not greater than".

SECTION F - DELIVERIES OR PERFORMANCE

SECTION F FA8672-12-R-0168

NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

EGLIN-G001 SPECIAL PAYMENT INSTRUCTIONS (JAN 2012)

In accordance with DFARS PGI 204.7108(a)(12) Other, the paying office shall disburse payments in accordance with the following instructions:

(a) The contractor will submit progress payment and DD250 invoices, public vouchers (SF1034s) and/or commercial invoices for payment purposes.

(b) All disbursements are to be accomplished in accordance with the contractor's invoice. Do not use prorated method to pay, disburse and liquidate funds.

EGLIN-G002 BILLING INSTRUCTIONS FOR MULTIPLE ACCOUNTING CLASSIFICATION

CITATIONS (JAN 2012)

(a) This contract will be funded by multiple accounting classification citations. Additional ACRNs may/will be assigned when new accounting classifications are available. When new ACRNs are added or existing ACRNs are changed, the billing instructions in paragraph (b) below shall apply, unless specific revised billing instructions are provided as part of the contract modification.

(b) Invoices, DD250s, public vouchers (SF 1034s), etc. generated for payment under this contract must be sent to the JMM BRU Financial Manager electronically for review before submission to any Government payment/accounting office. Invoices may be in contractor format for all payments under the contract. The JMM BRU Financial Manager will review the accuracy of the planned invoice(s), DD250s, etc. and assign an ACRN for billing purposes. The JMM BRU Financial Manager will complete the process no later than 48 hours after receipt of the invoice(s). After the contractor receives the ACRN information from the JMM BRU Financial Manager, the contractor may submit the document to DFAS electronically for payment. Any changes made to the document after review by the JMM BRU Financial Manager requires resubmission to the JMM BRU Financial Manager before submission to the Government payment office.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION H FA8672-12-R-0168

NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

A. DEFENSE FAR SUPP CONTRACT CLAUSES IN FULL TEXT

252.234-7002 EARNED VALUE MANAGEMENT SYSTEM (MAY 2011)

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

“Acceptable earned value management system” means an earned value management system that generally complies with system criteria in paragraph (b) of this clause.

“Earned value management system” means an earned value management system that complies with the earned value management system guidelines in the ANSI/EIA-748.

“Significant deficiency” means a shortcoming in the system that materially affects the ability of officials of the Department of Defense to rely upon information produced by the system that is needed for management purposes.

(b) System criteria. In the performance of this contract, the Contractor shall use—

(1) An Earned Value Management System (EVMS) that complies with the EVMS guidelines in the American National Standards Institute/Electronic Industries Alliance Standard 748, Earned Value Management Systems (ANSI/EIA-748); and

(2) Management procedures that provide for generation of timely, reliable, and verifiable information for the Contract Performance Report (CPR) and the Integrated Master Schedule (IMS) required by the CPR and IMS data items of this contract.

(c) If this contract has a value of $50 million or more, the Contractor shall use an EVMS that has been determined to be acceptable by the Cognizant Federal Agency (CFA). If, at the time of award, the Contractor’s EVMS has not been determined by the CFA to be in compliance with the EVMS guidelines as stated in paragraph (b)(1) of this clause, the Contractor shall apply its current system to the contract and shall take necessary actions to meet the milestones in the Contractor’s EVMS plan.

(d) If this contract has a value of less than $50 million, the Government will not make a formal determination that the Contractor’s EVMS complies with the EVMS guidelines in ANSI/EIA- 748 with respect to the contract. The use of the Contractor’s EVMS for this contract does not imply a Government determination of the Contractor’s compliance with the EVMS guidelines in ANSI/EIA-748 for application to future contracts. The Government will allow the use of a Contractor’s EVMS that has been formally reviewed and determined by the CFA to be in compliance with the EVMS guidelines in ANSI/EIA- 748.

(e) The Contractor shall submit notification of any proposed substantive changes to the EVMS procedures and the impact of those changes to the CFA. If this contract has a value of $50 million or more, unless a waiver is granted by the CFA, any EVMS changes proposed by the Contractor require approval of the CFA prior to implementation. The CFA will advise the Contractor of the acceptability of such changes as soon as practicable (generally within 30 calendar days) after receipt of the Contractor’s notice of proposed changes. If the CFA waives the advance approval requirements, the Contractor shall disclose EVMS changes to the CFA at least 14 calendar days prior to the effective date of implementation.

(f) The Government will schedule integrated baseline reviews as early as practicable, and the review process will be conducted not later than 180 calendar days after—

(1) Contract award;

(2) The exercise of significant contract options; and

(3) The incorporation of major modifications.

During such reviews, the Government and the Contractor will jointly assess the Contractor’s baseline to be used for performance measurement to ensure complete coverage of the statement of work, logical scheduling of the work activities, adequate resourcing, and identification of inherent risks.

(g) The Contractor shall provide access to all pertinent records and data requested by the Contracting Officer or duly authorized representative as necessary to permit Government surveillance to ensure that the EVMS complies, and continues to comply, with the performance criteria referenced in paragraph (b) of this clause.

(h) When indicated by contract performance, the Contractor shall submit a request for approval to initiate an over-target baseline or over-target schedule to the Contracting Officer. The request shall include a top-level projection of cost and/or schedule growth, a determination of whether or not performance variances will be retained, and a schedule of implementation for the rebaselining. The Government will acknowledge receipt of the request in a timely manner (generally within 30 calendar days).

(i) Significant deficiencies. (1) The Contracting Officer will provide an initial determination to the Contractor, in writing, of any significant deficiencies. The initial determination will describe the deficiency in sufficient detail to allow the Contractor to understand the deficiency.

(2) The Contractor shall respond within 30 days to a written initial determination from the Contracting Officer that identifies significant deficiencies in the Contractor's EVMS. If the Contractor disagrees with the initial determination, the Contractor shall state, in writing, its rationale for disagreeing.

(3) The Contracting Officer will evaluate the Contractor's response and notify the Contractor, in writing, of the Contracting Officer’s final determination concerning—

(i) Remaining significant deficiencies;

(ii) The adequacy of any proposed or completed corrective action;

(iii) System noncompliance, when the Contractor’s existing EVMS fails to comply with the earned value management system guidelines in the ANSI/EIA-748; and

(iv) System disapproval, if initial EVMS validation is not successfully completed within the timeframe approved by the Contracting Officer, or if the Contracting Officer determines that the Contractor's earned value management system contains one or more significant deficiencies in high-risk guidelines in ANSI/EIA-748 standards (guidelines 1, 3, 6, 7, 8, 9, 10, 12, 16, 21, 23, 26, 27, 28, 30, or 32).

When the Contracting Officer determines that the existing earned value management system contains one or more significant deficiencies in one or more of the remaining 16 guidelines in ANSI/EIA-748 standards, the Contracting Officer will use discretion to disapprove the system based on input received from functional specialists and the auditor.

(4) If the Contractor receives the Contracting Officer’s final determination of significant deficiencies, the Contractor shall, within 45 days of receipt of the final determination, either correct the significant deficiencies or submit an acceptable corrective action plan showing milestones and actions to eliminate the significant deficiencies.

(j) Withholding payments. If the Contracting Officer makes a final determination to disapprove the Contractor’s EVMS, and the contract includes the clause at 252.242-7005, Contractor Business Systems, the Contracting Officer will withhold payments in accordance with that clause.

(k) With the exception of paragraphs (i) and (j) of this clause, the Contractor shall require its subcontractors to comply with EVMS requirements as follows:

(1) For subcontracts valued at $50 million or more, the following subcontractors shall comply with the requirements of this clause: TBD - Based on Contractor's Proposal

(2) For subcontracts valued at less than $50 million, the following subcontractors shall comply with the requirements of this clause, excluding the requirements of paragraph (c) of this clause:

TBD - Based on Contractor's Proposal

B. OTHER CONTRACT CLAUSES IN FULL TEXT

EGLIN-H001 INCORPORATION OF SECTION K (JAN 2012)

Section K of the solicitation will be incorporated by reference at contract award.

EGLIN-H002 IMPLEMENTATION OF PATENT RIGHTS CLAUSE (TAILORED) (JAN 2012)

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 the Procuring Contracting Officer, and the Government patent administrator:

96 TW/JAQP

501 West Van Matre Avenue Suite 1 Eglin AFB, FL 32542

The Government patent administrator can be reached at (850) 882-5335.

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.

EGLIN-H003 SEPARATE CONTRACT BREAKOUT (FEB 2012)

For administrative convenience at the time of option exercise, the Government reserves the right to break out the option CLINS into separate contracts. The separate contract award shall occur in accordance with the option exercise provisions established in Elgin H-008 and shall incorporate the same terms and conditions as set forth in this contract.

EGLIN-H004 GOVERNMENT DIRECTION (JAN 2012)

Government personnel and Government support contractors will frequently be present at the contractor's plant during performance of the JMM BRU program execution. The Contractor shall not construe advice, reviews, and/or clarifications by these personnel as direction by the Government. The PCO shall be the only individual authorized to redirect the effort or in any way modify any terms/conditions of this contract.

EGLIN-H005 ALTERNATE DISPUTES RESOLUTION (ADR) (JAN 2012)

(a) The Government and the JMM BRU Contractor are both interested in the timely, efficient and fair resolution of disputes. During the performance of the JMM BRU contracts (TD, EMD and Production) the parties agree to conduct business in a manner consistent with avoiding or minimizing disputes by using a cooperative philosophy. The JMM BRU Government and Contractor teams are encouraged to conduct joint reviews of the JMM BRU program goals and identify potential obstacles to achieving those goals. The parties agree to try to resolve all issues in controversy arising under or related to the contract by negotiation and mutual agreement at the lowest level. This is based on the belief that detailed knowledge of issues is at the program level and the resolution of issues at this level fosters teamwork in pursuing mutually satisfactory solutions.

(b) If negotiations reach an impasse, the parties agree to use one of the Alternative Dispute Resolution (ADR) processes contained under FAR 33.2 to reduce or eliminate the need for litigation to the maximum extent possible. The parties will prepare and agree to a specific, written ADR agreement appropriate to the controversy before the ADR process begins, with the understanding that any ADR process must be structured to allow sufficient time to exchange and analyze any information necessary to obtain and justify a settlement.

(c) The ADR agreement will identify authorized representatives for each party, ADR techniques and processes to be utilized and procedures to be followed, methods for exchange of information, a schedule and procedures for any discovery proceedings, including how to limit discovery/factual exchange; appointment and payment of neutrals; whether and to what extent to stay or suspend any pending litigation; possible audit requirements; at what point the parties will begin negotiations; and a provision for termination of the agreement. If it is necessary for the parties to protect information during the ADR process, the parties will enter into a confidentiality agreement sufficient to maintain such information in confidence to the extent permitted by law.

(d) If the Contracting Officer rejects the Contractor's request to use ADR proceedings, the contracting officer shall provide the Contractor a written explanation citing one or more of the conditions in 5 U.S.C. 572(b) or such other specific reasons that ADR procedures are inappropriate for the resolution of the dispute. If the Contractor rejects the Government's request to use ADR proceedings, the contractor will inform the JMM BRU program office in writing of the specific reasons for rejecting the request.

(e) It is not the intent of the parties that this agreement alter, supplement, or deviate from the terms or conditions of any contract between the parties, or the legal rights and obligations of the parties set forth therein. Any changes to those contracts must be executed in writing by authorized contracting officials.

(f) In the event that either party believes a particular issue is not well-suited to ADR, or is dissatisfied with progress being made in a particular ADR proceeding, that party may, after good faith effort to resolve the issue, elect to abandon the ADR process and proceed as otherwise provided under contract, regulation or statute. Nothing in this agreement shall be deemed to prevent either party from preserving and exercising its legal rights and remedies under the ADR process.

EGLIN-H006 ASSOCIATE CONTRACTOR AGREEMENTS (JAN 2012)

(a) The JMM BRU prime contractor shall enter into Associate Contractor Agreements (ACAs) to facilitate the generation and exchange of necessary data, including proprietary information, to successfully complete the contract requirements of the JMM BRU program. This also includes the JMM BRU contractor's support, including support of subcontractors if deemed necessary by the prime contractor, of the Interface Control Working Group effort for all related ACAs identified in paragraph (f) below. The agreements shall include the basis for sharing information, data, technical knowledge, expertise, and/or resources essential to the integration of the JMM BRU system on external elements identified in the contractor's system performance specification (SPS).

(b) This contract includes all costs required for the JMM BRU contractor to manage and exchange information between the associate contractors including support of subcontractors if necessary.

Costs specifically excluded from this provision are all costs to be incurred by the associate contractors listed under paragraph (f) below in support of establishing, managing and exchanging information under the ACA. ACAs shall include the following general information:

(1) Identify the associate contractors and their relationships.

(2) Identify the program involved and the relevant Government contracts of the associate contractors.

(3) Describe the associate contractor interfaces by general subject matter.

(4) Specify the categories of information to be exchanged or support to be provided.

(5) Include the expiration date (or event) of the ACA.

(6) Identify potential conflicts between relevant Government contracts and the ACA;

include agreements on protection of proprietary data and restrictions on employees.

(c) A copy of such agreement shall be provided to the PCO for review before execution of the document by the cooperating contractors. Review of ACAs by the PCO does not change or waive the contractual obligations of any ACA party under this or any other contract.

(d) The Government is not a party to the ACAs. Therefore, the JMM BRU prime contractor shall assume total responsibility for executing and administering these agreements. In the event that a conflict arises between the Government contract and the agreements, the Government contract will govern. The JMM BRU prime contractor is not relieved of any contract requirements or entitled to any adjustments to the contract terms because of a failure to resolve a disagreement with an associate contractor. Liability for the improper disclosure of any proprietary data contained in or referenced by any agreement shall rest with the parties to the agreement and not the Government.

(e) The Government will not be liable for payment of costs associated with any ACA, other than those listed in paragraph (f) below, without prior approval of the PCO.

(f) The ACAs necessary to support performance of the TD, EMD JMM BRU Development, EMD JMM BRU F-35 Flight Test and Production Lots 1 and 2 efforts are listed below:

CONTRACTOR ADDRESS PROGRAM/CONTRACT

Alliant Techsystems Operations, LLC Defense Electronic Systems Common Munitions BIT

13133 34th Street North Clearwater, FL 33762 POC: Zinnia Grilli

(727) 572-3212

CMBRE

FA8626-06-C-2060

(Production) FA8517-04-C-0002 (Tech Spt) FA8681-11-M-0300 (Repairs)

Lockheed Martin Corporation P.O. Box 748 Mail Zone 1720 Fort Worth Texas 76101-0371 POC: Dena Harris

(817) 777-7574

F-35 N00019-02-C-3002

Raytheon Company Missile Systems

P.O. Box 11337 Tucson Arizona 85734-1337 POC: Maria Brockway

(520) 663-8503

SDB II

FA8672-10-C-0002

The Boeing Company

6200 JS McDonnell Blvd Saint Louis MO 63134-0000 POC: Marcia Simon

(314) 232-7244

SDB I/BRU-61 A

FA8672-09-D-0062

EGLIN-H007 APPLICATION FOR EQUIPMENT FREQUENCY AUTHORIZATION (JAN 2012)

The Contractor must coordinate with the test ranges to determine availability of radio frequencies to support electromagnetic radiating devices in their intended environment and that adequate protection from interference can be provided to receiving devices. Accordingly, the contractor shall submit a DD Form 1494, Application for Equipment Frequency Allocation, in triplicate to the issuing office indicated in Block 7 on the cover of this document within forty-five (45) days after contract award. Instructions for preparing the form are contained in AFI 33-118, Radio Frequency Spectrum Management, and on the form itself. The DD Form 1494 will be routed through the Administrative Activity Quality Control Office indicated on the cover of the form in accordance with AFI 33-118. Upon verification of frequency requirements, the contractor shall submit, if required, information to prepare a "Standard Frequency Action Format (SFAF) Request" to the address specified above. Instructions for preparing an SFAF are contained in AFI 33-118. Attention is directed to Section I contract clause DFARS 252.235-7003, Alternate 1, Frequency Authorization.

EGLIN-H008 EXERCISE OF JMM BRU OPTION CLINS (EMD/PRODUCTION) (JAN 2012)

(a) The Government reserves the unilateral right to exercise the following contract line item numbers (CLINs) which are identified in Section B as Option items provided the Contracting Officer furnishes the contractor a written notice within thirty (30) calendars days prior to expiration of the contract period:

CLIN 0002 - EMD JMM BRU Development CLIN 0003 - EMD JMM BRU F-35 Flight Test CLIN 0004 - JMM BRU Production Lot 1 CLIN 0005 - JMM BRU Production Lot 2 CLIN 0006 - JMM BRU Technical Data Package with Government Purpose Rights

(b) The option exercise and performance/delivery periods are set forth in the following table:

Table 1.0 - JMM BRU Option CLINs Exercise/Performance Periods

OPTION CLIN Option Exercise Period Performance Period

CLIN 0002 - EMD JMM BRU

Development

Not later than (NLT) 180 days after completion of PDR

32 Months

CLIN 0003 - EMD JMM BRU

F-35 Flight Test

NLT 180 days from successful Test Readiness Review (TRR)

48 Months

The Contractor shall complete Production Lead Time and delivery Time for the following:

CLIN Option Exercise Period Production Lead Time

Delivery

CLIN 0004 - JMM BRU

Production Lot 1

System Verification Review (SVR), Production Readiness Review (PRR) and Functional Configuration Audit (FCA)** to

________ Months *________ Months

CLIN 0005 - JMM BRU

Production Lot 2

__________ to __________

________ Months

*________ Months

* Delivery shall not exceed 12 months from the delivery of the first item

** For the purposes of this clause, the SVR, PRR and FCA are considered complete when the Contractor has met all exit criteria (to include closeout, or mutual agreement of disposition, of all action items).

Should the Government (JMM BRU program office, AFLCMC/EBMS) not receive full budget authority by the close of the option exercise window listed in Table 1.0 (above), a bilateral modification will be executed upon mutual agreement of the parties in advance of the option exercise expiration to extend the option exercise window. In addition, the PCO may unilaterally adjust the dates shown above to the extent the Milestone C decision slips due to Contractor-caused delays in completion of required Engineering and Manufacturing JMM BRU Development efforts to support that Milestone decision.

CLIN 0006 - JMM BRU Technical Data Package with Government Purpose Rights: Deliver within 60 days after option exercise. The PCO shall provide the Contractor written notice (either by letter or e-mail) of the Government's intent to exercise the JMM BRU Technical Data Package (TDP) with Government Purpose Rights option (CLIN 0006) 30 days prior to the option award. The option exercise period will be no earlier than the delivery due date of the first item under JMM Production Lot 1 (Option CLIN 0004) and no later than delivery of the final item delivered under the last JMM production lot, currently scheduled as production Lot 6. This JMM BRU TDP with Government Purpose Rights option clause survives the closeout of any JMM BRU production contract on which it is contained and carries forward to the next JMM BRU contract for the duration of JMM BRU production.

EGLIN-H009 IMPLEMENTATION OF DISCLOSURE OF INFORMATION (JAN 2012)

In order to comply with DFARS clause 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:

a. One (1) copy to: Office of Public Affairs, 96 TW/PA, 101 West D Avenue, Suite 110, Eglin

AFB, FL 32542-5498

b. One (1) copy to: JMM BRU Procuring Contracting Officer, AFLCMC/EBMK

c. One (1) copy to: JMM BRU Program Manager, AFLCMC/EBMS

EGLIN-H011 CONTRACTOR ACCOUNTABILITY FOR PERFORMANCE (EMD/PRODUCTION) (JAN

2012)

(a) The Government and the Contractor shall jointly manage the configuration through a Joint Configuration Control Board process. This process shall encompass not only configuration control at the prime contractor level, but also shall be used to ensure insight into configuration management at the subcontractor levels. The Government shall have configuration control at the system level (performance baseline) through the Government developed System Performance Specification (SPS) and Government approval of the contractor-developed System Design Specification (SDS) and all changes thereto. The Contractor shall manage the documentation and configuration of the functional and allocated (describes design requirements for items below system level) baselines and product (describes product physical details), with the opportunity to approve Class II changes. The Government shall control Class I and Class II changes to the performance, functional, allocated and product baselines as described below. In addition, the Government shall control temporary variances (formerly referred to as deviations).

(b) The contractor shall establish functional, allocated and product baselines before the start of production activities. After the establishment of the baselines, Class I changes to the performance, functional, allocated or product baselines and all requests for temporary variances shall not be implemented until approved by the Government. The Government shall approve the classification (Class I or Class II) of all engineering change proposals (ECPs). Once the Government approves the classification of proposed ECPs, the contractor may implement the Class II ECPs at their discretion. In this context, a change to the functional, allocated or product baselines will be considered a Class I change if, in the Government's determination, the change would affect the following:

(1) Government furnished equipment/property.

(2) Safety or safety critical items.

(3) Compatibility, interoperability or logistics support.

(4) Delivered technical manuals for which changes are not funded.

(5) Requires retrofit of delivered units.

(6) Interchangeability, substitutability, or replaceability of any item down to non-repairable subassemblies.

(7) Sources on a source control drawing.

(8) Skill requirements, training or manning to field personnel.

(9) Increased costs to the Government and/or current or future contracts.

(10) Operational procedures.

(c) To facilitate Government determination of ECP classification, the contractor shall submit a preliminary engineering change proposal (PECP) for all contractor proposed changes. In order to expedite the change approval process, the Government shall have five (5) business days from receipt of the PECP to notify the contractor of the change classification decision. Proposed changes classified by the Government as Class II may be pursued by the contractor upon receipt of the Government classification decision. Proposed changes classified by the Government as Class I must be submitted via an ECP to the affected baseline and, if approved by the Government, incorporated into the contract prior to implementation. Notwithstanding any other clause of the contract, no change to the specifications proposed by the contractor in order to permit achievement of the contractual requirements shall entitle the contractor to any increase in the unit prices, or to any extensions in the delivery schedule, neither shall disapproval by the Government of a proposed change entitle the contractor to relief from meeting any contractual requirement.

(d) For each Class I ECP, the contractor shall assume that adequate ground and flight tests will need to be completed to verify system-level SPS compliance. Further, the contractor shall be responsible for updating and distributing all system documentation as required to all users, to include technical manuals.