10R0011-Final.pdf

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 350)

RATING

DO-A2

PAGE OF PAGES

1 40

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

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED

04 FEB 2010

6. REQUISITION/PURCHASE NO.

FA8675-10-R-0011

7. ISSUED BY 693 ARSS/SYKA CODE FA8675 8. ADDRESS OFFER TO (If other than Item 7)

693 ARSS/SYKA

207 WEST D. AVE, STE 622

BUILDING 349

EGLIN AFB, FL 32542

HERBERT B. HILL (850) 883-0180

HERBERT.HILL@EGLIN.AF.MIL

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

SOLICITATION

9. SEALED OFFERS IN ORIGINAL AND ONE COPY FOR FURNISHING THE SUPPLIES IN THE SCHEDULE WILL BE RECEIVED AT THE PLACE SPECIFIED IN ITEM 7 OR IF HANDCARRIED TO 693 ARSS/SYKA, BUILDING 349, SUITE 622, EGLIN AFB, FL UNTIL 2:00 PM LOCAL TIME 23 MAR 2010.

The Government intends to award two sole-source, Firm-Fixed Price Contracts with a maximum value of $3,000,000.00 each.

10. FOR

INFORMATION

CALL:

A. NAME

HERBERT B. HILL

B. TELEPHONE (Include area code)

(NO COLLECT CALLS)

(850) 883-0180

C. E-MAIL ADDRESS

herbert.hill@eglin.af.mil

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 19

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

C DESCRIPTION/SPECS./WORK STATEMENT 6 J LIST OF ATTACHMENTS 40

D PACKAGING AND MARKING 7 PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 8 K REPRESENTATIONS, CERTIFICATIONS, K - 1

F DELIVERIES OR PERFORMANCE 10 AND OTHER STATEMENTS OF OFFERORS

G CONTRACT ADMINISTRATION DATA 12 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 ____90 ____ 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) (1) 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 6.10.8 FAR (48 CFR) 53.21(c) Created 03 Feb 2010 10:12 AM

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION B FA8675-10-R-0011

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

MODIFIED HARM CONTROL SECTIONS (LIMITED PRODUCTION

0001 7 __________ Each __________ Noun: MODIFIED HARM CONTROL SECTIONS (LIMITED

PRODUCTION)

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

FOB: SOURCE

Descriptive Data:

HARM Control Sections, modified in accordance with Section C and the SOO, dated 31 Aug 09, Attachment 1. Contractor is required to deliver five flight worthy HCSM units for use at Edwards AFB, CA and two HCSM engineering evaluation units (EEU), one for use at Robins AFB, GA for GM-LTS software updates and Aircraft Launcher Interface Computer (ALIC) FQT testing and one for use at the System Integration Laboratory (SIL), Lockheed Martin in Fort Worth, TX.

0002 __________ Noun: FLIGHT TEST SUPPORT, DATA ANALYSIS & PROGRAM

MANAGEMENT (LIMITED PRODUCTION)

Contract type: J - FIRM FIXED PRICE Start Date: ASREQ Completion Date: 30 SEP 2011 Descriptive Data:

Contractor is required to provide flight test support, data analysis and program management for the basic contract and performance verification after delivery of the modified control sections.

0003 1 __________ Lot __________ Noun: DATA (LIMITED PRODUCTION) NSN: N - Not Applicable DD1423 is Exhibit: A Contract type: J - FIRM FIXED PRICE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

Contractor will provide data required in Exhibit A and Attachment 1. This CLIN will not be separately priced and all costs associated with this work should be covered under CLINs 0001 and 0002.

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

0004 OPTION CLIN (supply) __________

Noun: MODIFIED HARM CONTROL SECTIONS (FULL RATE

PRODUCTION (FRP) LOT 1)

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

FOB: SOURCE

Descriptive Data:

Deliver modified HARM control sections for Lot 1 IAW Section C and the SOO, dated 31 Aug 2009, Attachment 1. COMPLETE INFORMATION IN ATTACHMENT 2.

0005 OPTION CLIN (supply) __________

Noun: DATA (FRP LOT 1) NSN: N - Not Applicable DD1423 is Exhibit: A Contract type: J - FIRM FIXED PRICE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

Deliver updated software as part of the ECP package for the modified HARM Control Section and other data required by Exhibit A and Attachment 1. This CLIN will not be separately priced and all costs associated with this work should be covered under CLIN 0004.

0006 OPTION CLIN (supply) __________

Noun: WARRANTY (FRP LOT 1) NSN: N - Not Applicable Contract type: J - FIRM FIXED PRICE Inspection: SOURCE Acceptance: SOURCE

FOB: SOURCE

Descriptive Data:

The contractor shall provide a warranty for a period of one (1) year following Government acceptance of the modified control section. The acceptance date is determined by the date the Government representative signs the DD 250 form. The warranty applies to all material and workmanship associated with modifying the control section. COMPLETE

INFORMATION IN ATTACHMENT 2.

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

0007 OPTION CLIN (supply) __________

Noun: SPECIAL TOOLING & SPECIAL TEST EQUIPMENT (FRP

LOT 1)

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

FOB: SOURCE

Descriptive Data:

The contractor shall provide all Special Tooling and Special Test Equipment (ST&STE) required for Lot 1 and Lot 2 production of the modified HARM control section.

COMPLETE INFORMATION IN ATTACHMENT 2.

0008 OPTION CLIN (supply) __________

Noun: MODIFIED HARM CONTROL SECTIONS (FRP LOT 2) NSN: N - Not Applicable Contract type: J - FIRM FIXED PRICE Inspection: SOURCE Acceptance: SOURCE

FOB: SOURCE

Descriptive Data:

Deliver modified HARM control sections for Lot 2 IAW Section C and the SOO, dated 31 Aug 2009, Attachment 1. COMPLETE INFORMATION IN ATTACHMENT 2.

0009 OPTION CLIN (supply) __________

Noun: WARRANTY (FRP LOT 2) NSN: N - Not Applicable Contract type: J - FIRM FIXED PRICE Inspection: SOURCE Acceptance: SOURCE

FOB: SOURCE

Descriptive Data:

The contractor shall provide a warranty for a period of one (1) year following Government acceptance of the modified control section. The acceptance date is determined by the date the Government representative signs the DD 250 form. The warranty applies to all material and workmanship associated with modifying the control section. COMPLETE

INFORMATION IN ATTACHMENT 2.

NO CLAUSES OR PROVISIONS IN THIS SECTION

SECTION C - DESCRIPTION/SPECS./WORK STATEMENT

SECTION C FA8675-10-R-0011

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

OTHER CONTRACT CLAUSES 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

CLIN 0001, 0004 and 0008 * Weapons Systems Specifications 2261672 Revision B, dated 18 September 2006

CLIN 0001, 0004 and 0008 * Missile Prime Item Development Specification 2261673, Revision B, dated 18 September 2006

CLIN 0001, 0004 and 0008 Store Technical and Mass Properties Data (STAMP), AFMC Form 4694, 23 Apr 93

CLIN 0001, 0004 and 0008 MIL-STD-129, Current Version, DOD Standard Practice for Military Marking for Shipment and Storage CLIN 0001, 0004 and 0008 MIL-STD-130, Current Version, DOD Standard Practice Military Marking of U.S, Military Property

CLIN 0001, 0004 and 0008 MIL-STD-882, Current Version, System Safety

CLIN 0001, 0004 and 0008 GPU-03-105, Security Approval Requirements for Selective Availability Anti-spoofing Module (SAASM) Host Application Equipment (HAE), 31 Jan 2004

*Classified document provided under separate cover

SECTION D - PACKAGING AND MARKING

SECTION D FA8675-10-R-0011

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

AIR FORCE MATERIEL COMMAND FEDERAL ACQUISITION REGULATION SUPPLEMENT

CONTRACT CLAUSES

5352.247-9005 SHIPPING CONTAINER MARKING (AFMC) (MAR 2003)

Para (a). Current edition. 'Rev P, Change 4, 19 Sep 07' Para (b). Current edition. 'Rev P, Change 4, 19 Sep 07' Para (c). Current edition. 'Rev P, Change 4, 19 Sep 07' Para (c). Additional marking or bar code requirements: 'N/A'

5352.247-9006 MARKING OF WARRANTED ITEMS (AFMC) (JUL 1997)

5352.247-9009 MILITARY PACKAGING AND MARKING (AFMC) (AUG 2002)

Current edition. 'Rev D, 10 May 2002' Current edition. 'Rev P, Change 4, 19 Sep 2007'

5352.247-9011 PACKAGING AND MARKING OF HAZARDOUS MATERIALS (AFMC) (SEP 1998)

SECTION E - INSPECTION AND ACCEPTANCE

SECTION E FA8675-10-R-0011

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)

This clause applies to all CLINs EXCEPT CLIN 0002.

52.246-04 INSPECTION OF SERVICES -- FIXED-PRICE (AUG 1996)

This clause applies to CLIN 0002 only.

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:

'Contractor to provide.'

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:

E001 REQUIREMENTS FOR DATA ACCEPTANCE (FINAL DD FORM 250) (MAY 1997) (TAILORED)

The Contractor shall prepare and submit a final DD Form 250, collectively accounting for each completed Line Item which calls for the submission of the data. The DD Form 250 shall include a list and an account of all data submitted and approved by the Government during the contract.

E005 INSPECTION AND ACCEPTANCE (MAR 1998) (TAILORED)

(a) CLIN 0001 - Inspection and Acceptance shall be accomplished at the contractor's facility and in accordance with applicable drawings and specifications. The contractor is required to deliver Engineering Evaluation Units (EEU) and production representative control sections that will be inspected utilizing the Acceptance Test Procedures (ATP). Acceptance shall be accomplished by the ACO or designated representative upon submission of a DD Form 250.

(b) CLIN 0002 - The contractor shall prepare and submit a DD Form 250 to the program office accounting for all completed items under the CLIN, to include any applicable submission of data or software.

Inspection and Acceptance is predicated upon successful completion of the Statement of Objective (SOO) requirements and CDRLs as evidenced by the Government Program Manager or their designated representative's signature on the DD Form 250.

(c) CLIN 0003 - Inspection and Acceptance shall be via a final DD Form 250, Material Inspection and Receiving Report, on a one-time basis, collectively accounting for all completed items called for under Exhibit A and the SOO, which called for submission of data or software with a letter of transmittal. The DD Form 250 shall be submitted with the last item required to be delivered.

(d) CLIN's 0004, 0006, 0008 and 0009 - Inspection and Acceptance shall be at the contractor's facility and in accordance with applicable drawings and specifications. Inspection and acceptance shall be accomplished in accordance with approved test procedures. Acceptance shall be accomplished by the ACO or designated representative upon submission of a DD Form 250.

SECTION E - INSPECTION AND ACCEPTANCE

SECTION E FA8675-10-R-0011

(e) CLIN 0005 - The software shall be delivered F.O.B. Destination to the office(s) specified in Block 14 of Exhibit A, DD Form 1423, and inspected and accepted at the 693 ARSS, Eglin AFB, FL. Inspection and Acceptance shall be via a final DD Form 250, Material Inspection and Receiving Report, collectively accounting for all completed items called for under Exhibit A and the SOO, which called for submission of data or software with a letter of transmittal. The DD Form 250 shall be submitted with the last item required to be delivered.

(f) CLIN 0007 - Inspection and Acceptance shall be at the contractor's facility and accomplished by the contractor as follows: The contractor shall use established processes to insure the Special Tooling and Special Test Equipment (ST&STE) is capable of producing FRP Lots 1 and 2. The contractor shall conduct Acceptance Test Procedures to demonstrate the test sets have attained the necessary through put capacity and demonstrate that the hardware passes all acceptance tests as prescribed in the Acceptance Test Procedures. Final acceptance shall be accomplished by the PCO signature on a DD Form 250 following receipt of a Contractor Letter of Completion stating the contract requirements have been satisfactorily accomplished and verified by the HCSM Program Manager.

SECTION F - DELIVERIES OR PERFORMANCE

SECTION F FA8675-10-R-0011

SHIP MARK TRANS

ITEM SUPPLIES SCHEDULE DATA QTY TO FOR PRI DATE

0001 1 6 MARO

1 10 MARO

5 12 MARO

Noun: MODIFIED HARM CONTROL SECTIONS (LIMITED

PRODUCTION)

0003 1 U 21 MARO

Noun: DATA (LIMITED PRODUCTION)

SECTION F - DELIVERIES OR PERFORMANCE

SECTION F FA8675-10-R-0011

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)

52.247-30 F.O.B. ORIGIN, CONTRACTOR'S FACILITY (FEB 2006)

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

52.247-55 F.O.B. POINT FOR DELIVERY OF GOVERNMENT-FURNISHED PROPERTY (JUN

2003)

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 on Section A, SF 33, block 28)".

(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.

F007 SHIPMENT ADDRESS (SEP 1997) (TAILORED)

The HCSM units will be delivered as follows: Engineering Evaluation Unit (EEU) number 1 will be for use at Robins AFB, GA; EEU number 2 will be for use at the System Integration Laboratory (SIL) at Lockheed Martin in Ft Worth, TX; and the 5 HSCM units for flight test will be for use at Edwards AFB, CA. Specific shipping instructions will be provided by 693 ARSS after the units have been accepted.

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION G FA8675-10-R-0011

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

EGLIN-G001 PERFORMANCE BASED PAYMENT (PBP)/BILLING PROCEDURES (SEP 2009)

a. This contract provides financing to the Contractor in the form of Performance Based Payments (PBP).

A liquidation rate of 90 % applies to this contract. This special contract requirement, together with the events verification outlined in the PBP Schedule (Attachment 7), documents the payment schedule, payment amount, event, and event verification necessary to make payments in accordance with the procedures in FAR Subpart 32.10 entitled "Performance-Based Payments" and contract clause FAR 52.232-32.

b. PBPs for efforts under this contract shall consist of the individual performance events identified in the PBP Schedule along with the verification of successful completion of each event; invoices may be submitted upon completion of the event(s), however see limitations on such submittals in c. and d. below.

The Contracting Officer shall notify the contractor within 10 days if there is any disagreement concerning the contractor's claimed completion of a performance event.

c. Scheduled payments/events are to be not more frequently than monthly. Should the contractor satisfy completion of more than one event in a given period prior to the end of that period, the Contracting Officer may elect to authorize early payment. The decision to authorize early payment is solely that of the Contracting Officer and is not subject to disputes, appeals or cause for equitable adjustment.

d. Except for the circumstances in c. above, the ACO/PCO shall authorize only one (1) payment each month. When an event is not complete, it may be included in a subsequent month.

e. In the event of a modification to the contract, new event(s), verification(s) and payment schedule will be determined if/as appropriate, and will be incorporated into the PBP Schedule. When production options are exercised IAW Section H, new PBP schedules will be established and incorporated into the contract upon execution of the modification.

f. Submittal of Performance Based Payments:

1. Performance Based Payments are scheduled for submittal to the ACO in accordance with the Performance Based Payments Schedule (Attachment 7). The contractor's request for performance based payment shall be submitted separately from any other correspondence directly to the ACO and shall contain the information required in FAR clause 52.232-32.

2. Upon receipt of the contractor's PBP request, the ACO, or a designated ACO representative will verify completion and sign the PBP. A copy of the PBP shall be sent to the appropriate DFAS payment office, as well as the appropriate 693 ARSS personnel.

3. Attachment 7 reflects the event schedule as well as the funding provided by individual ACRNs.

Payment shall be made from the ACRNs as prescribed in attachment 7, unless altered by clause Eglin- G002 or the PCO.

EGLIN-G002 PROGRESS PAYMENTS/BILLING (NOV 2009)

a. Progress Payments are scheduled for submittal to the ACO. The contractor's request for progress payments shall be submitted on Standard Form 1443, Contractor's Request for Progress Payment, SECTION G - CONTRACT ADMINISTRATION DATA

SECTION G FA8675-10-R-0011

separately from any other correspondence directly to the ACO as required by FAR 52.232-16, Progress Payments.

b. Upon receipt of the contractor's progress payment request, the ACO, or designated representative, will verify/validate payment and sign the SF 1443. A copy of the progress payment shall be sent to the appropriate DFAS payment office, as well as the approrpiate 693 ARSS personnel.

G014 IMPLEMENTATION OF PATENT RIGHTS CLAUSE (DEC 2007) (TAILORED)

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 AAC/JAQ, 501 West Van Matre Avenue, Suite 1, Eglin AFB, FL, 32542. The AAC/JAQ patent administrator can be reached at (850) 882-5335. This notice also constitutes a request (see DFARS 252.227-7038) 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.

G015 IMPLEMENTATION OF TAXPAYER IDENTIFICATION NUMBER (APR 1998) (TAILORED)

In accordance with FAR 52.204-03, Taxpayer Identification Number is _______________ .

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION H FA8675-10-R-0011

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

EGLIN-H001 ALTERNATE DISPUTE RESOLUTION (JUN 2009)

(a) In accordance with the spirit of acquisition reform and the provisions of the Administrative Dispute Resolution Act as implemented by FAR, it is hereby agreed by the parties to use every means available to avoid formal litigation in the event of a dispute arising from or related to this contract. In order to resolve any such dispute with the expenditure of minimal time and expense, the parties agree to first attempt to resolve their differences through normal contracting procedures by negotiating in good faith at the lowest administrative level. In the event negotiation does not produce the intended result, the parties will consider alternative dispute resolution, and if agreed, will enter into a procedure to be jointly agreed to upon the conclusion of those negotiations. The record of such proceeding shall be kept in confidence in the event the normal litigation process becomes unavoidable.

(b) Alternate Dispute Resolution Administrative Costs: Subject to the availability of funds, a cost reimbursable line item to pay for the Government's agreed to share of the allowable, allocable and reasonable expenses related to ADR will be negotiated as part of the ADR process/settlement, if required.

EGLIN-H002 ASSOCIATE CONTRACTOR AGREEMENTS (JUN 2009)

(a) The Contractor shall enter into Associate Contractor Agreements (ACA) for any portion of the contract requiring joint participation in the accomplishment of the Government's requirement. The agreements shall include the basis for sharing information, data, technical knowledge, expertise, and/or resources essential to the integration of the HARM Control Section Modification (HCSM) system on the F-16C block 40/50 aircraft which shall ensure the greatest degree of cooperation for the program to meet the terms of the contract. Associate Contractors are listed in (h) below.

(b) ACAs shall include the following 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 Contracting Officer for review before execution of the document by the cooperating contractors.

(d) Nothing in the foregoing shall affect compliance with the requirements of the clause at 5352.209- 9002, Organizational Conflict of Interest.

(e) The Contractor is not relieved of any contract requirement or entitled to any adjustments to the contract terms because of a failure to resolve a disagreement with an associate Contractor.

(f) 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.

(g) All costs associated with the agreements are included in the negotiated cost of this contract.

Agreements may be amended as required by the Government during the performance of this contract.

(h) The following contractors are associate Contractors with whom agreements are required:

CONTRACTOR ADDRESS PROGRAM

Lockheed Martin Corporation PO Box 748 F-16 M6+ USAF Ft Worth, TX 76101-0371 POC: Bruce Byles

(817) 777-8605 william.b.byles@lmco.com

EGLIN-H003 DOWN SELECT CRITERIA (NOV 2009)

1. GENERAL INFORMATION.

(a) Each contractor is required to deliver five production units that will be used to verify compliance with the specifications. Each contractor is also required to deliver two engineering evaluation units for integration testing. In addition to the basic effort, Contractors are to have submitted Not to Exceed (NTE) unit prices for three quantity ranges for each of the two full rate production (FRP) lot options. The quantity ranges are: 151 to 200, 201 to 250, and 251 to 300 for Lot 1 and 201 to 250, 251 to 300 and 301 to 350 for Lot 2.

(b) The Government will be in a source selection environment from the award of the Limited Production contracts through the award of the FRP options. The Government will use a Lowest Price Technical Acceptable (LPTA) source selection to award the two FRP lots for the HARM Control Section Modification (HCSM) to a single contractor. The FRP lots will be FFP options exercised under one of the two Limited Production contracts after the technical acceptability assessment has been completed.

Award of the FRP lots will be made in accordance with the source selection procedures outlined below.

The Government reserves the right to unilaterally change the criteria for the down select after consultation with the competing contractors.

2. TECHNICALLY ACCEPTABLE. A Contractor will be determined to be technically acceptable and be considered for the HCSM FRP award when the following are accomplished:

(a) The design maintains current AGM-88C SEEK EAGLE tolerances for mass properties per stores technical mass properties (STAMP) sheet 1782.

(b) The design requires no hardware or software modifications to the F-16 and LAU-118(v)4/A launcher for aircraft integration .

(c) The design requires no hardware or software modifications to the aircraft launcher interface computer (Type III ALIC).

(d) The design requires no hardware modifications to the guided missile launcher test set and weapon loading equipment.

(e) The design requires no hardware or software modifications to aircraft support and mission planning.

(f) Flight test demonstrates:

(1) A point-to-point free flight while avoiding entry into a designated zone of exclusion (ZOE).

(2) An anti-radiation free flight with missile impact in a designated missile impact zone (MIZ).

(g) Verified simulation results show that an AGM-88 with a modified control section can:

(1) Engage a non-emitting target of precisely-known coordinates within the required CEP (classified).

(2) Achieve a probability of hit of (classified) against a low-power and on/off-keying emitter.

(3) Achieve a probability of hit of (classified) against an emitting target.

3. SOURCE SELECTION PROCEDURES FOR PRODUCTION.

(a) The Government intends to award the FRP lots based on technical acceptability and competitive pricing. The Government will issue a "Call for Improved Pricing" from each Contractor after the delivery of the limited production units and the start of the performance verification and testing.

(b) The Contractors are required to submit the following information in response to the "Call for Improved Pricing:"

(1) Firm-fixed unit prices for CLINs and the ranges in the original RFP Attachment 2 for both FRP lots.

(2) For CLIN 0007, Special Tooling and Special Test Equipment (FRP Lot 1), the contractor shall identify a firm-fixed lump sum price for any new ST&STE that will be required for this effort. A separate listing shall be attached with the prices for each individual piece of ST&STE.

(3) For ST&STE/GFP on Another Contract, the contractor shall identify the firm-fixed lump sum price for government property in their possession that will be utilized for this effort. A separate listing shall identify the government property in their possession that they intend to utilize during the performance of the FRP lots, the period of time it will be required along with the fair market rental value of the property for the period of its intended use. Contractors are responsible to provide a government point of contact to assist in confirming the information provided on government property they plan to utilize during performance.

(c) The information provided by the contractors in response to the "Call for Improved Pricing" will be sealed and retained by the Contracting Officer.

(d) Once the determination of technical acceptability has been made, the Contracting Officer will open both proposals for evaluation. The Government will use a Best Estimated Quantity (BEQ) for each FRP lot for evaluation purposes. The BEQ represents the number of control sections the Government judges it will be able to purchase in each lot based on the funds available and utilizing the Government cost estimate.

The BEQ for FRP Lot 1 is 207 and the BEQ for FRP Lot 2 is 293. Award will be made to the technically acceptable contractor with the overall lowest evaluated price for both FRP lots. For the purpose of this source selection, the Lowest Price is determined as follows:

The FRP Lot 1 Unit Price for the range of 201 to 250 units will be used to determine the value for CLINs 0004 and 0006 (FRP Lot 1 and Warranty (FRP Lot 1)). The FRP Lot 2 Unit Price for the range of 251 to 300 units will be used to determine the value for CLINs 0008 and 0009 (FRP Lot 2 and Warranty (FRP Lot 2)). The value provided for CLIN 0007 (ST&STE FRP Lot 1) will be used in this evaluation. The following table, using notional pricing values, illustrates how this evaluation will be accomplished.

CLIN Description Qty Unit Price Total

0004 Modified HARM CS (FRP Lot 1) 207 $ 92,350 $ 19,116,450

0005 Software Update (FRP Lot 1) 1 0 0

0006 Warranty (FRP Lot 1) 207 125 25,875

0007 Special Tooling & Test Equip (FRP Lot 1) LS 2,600,000 2,600,000

0008 Modified HARM CS (FRP Lot 2) 293 88,000 25,784,000

0009 Warranty (FRP Lot 2) 293 115 33,695

Government Property Adjustment 4,000,000 4,000,000

TOTAL EVALUATED PRICE 500 $ 51,560,020

(e) The total evaluated price will be adjusted to eliminate any competitive advantage in the use of government property. If a contractor intends to use government-furnished property or equipment, the evaluated price will be increased by the fair market rental value of the property for the period of its intended use. The Government intends to verify/validate the information provided on ST&STE / GFP on another Government contract the contractor intends to use for this effort and the evaluated price will be adjusted accordingly based on the information obtained. Except for these adjustments, total evaluated price shall not include the Government costs beyond the contract. Based on this illustration, the contractor's total evaluated price for 500 units is $51,560,020 and will be used to determine who will be awarded the FRP options.

(f) Reasonableness: The Government will evaluate the Total Evaluated Price (TEP) for reasonableness. Based on adequate price competition, the Government will conduct price analysis of all offered prices to determine price reasonableness in accordance with FAR 15.404-1(b).

(g) Unbalanced Pricing. The Government will evaluate the contractor' proposed production price variations across each lot and within each lot for each quantity band. The contractor's proposed production price variations across/within each lot will be deemed materially unbalanced if any of the variations are not explainable based on normal pricing curves, unless rationale for the unusual variation is included with the response to the "Call for Improved Pricing." In accordance with FAR 15.404-1(g)(3), the Government may reject a materially unbalanced proposal.

(h) Nothing herein will preclude the Government from exercising the FRP options for different quantities based upon funds actually available at the time of award.

4. USE OF ADVISORY AND ASSISTANCE SERVICES (A&AS) CONTRACTOR PERSONNEL. The Government intends to use A&AS contractor personnel throughout this entire effort (See Section I clause, 5352.215-9008). These personnel are working under Eglin's Technical and Engineering Acquisition Support (TEAS) Advisory and Assistance Services (A&AS) contract. The personnel could be employees of the following companies under this contract: Jacobs Engineering; Orion International Technologies, Inc.; Qualis Corporation; and Sentel Corporation.

EGLIN-H004 NOT-TO-EXCEED PRICING COMMITMENT FOR LOTS 1 AND 2 (AUG 2009)

(a) In addition to the basic effort, this contract includes Not-to-Exceed (NTE) options for Lots 1 and 2.

The RFP for this contract requires the offeror to provide NTE pricing for Lots 1 and 2. These NTE prices will serve as the maximum unit procurement price payable for each annual production lot forecasted.

Because the Government intends to buy to budget, the offerors will be required to provide NTE pricing for the following ranges: 151 to 200, 201 to 250, and 251 to 300 for Lot 1 and 201 to 250, 251 to 300 and 301 to 350 for Lot 2.

(b) The Government anticipates a single contracting action, shortly after the completion of the performance verification, finalizing the not-to-exceed prices with firm-fixed prices for the two production lot options. Upon receiving the "Call for Improved Pricing" signed by the contracting officer, the Contractor shall submit a FFP proposal for the range of units in Lots 1 and 2 not later than 30 days from date of the request. The parties acknowledge that, while the contract gives the Government the unilateral right to exercise the NTE options, the exception to cost or pricing data at FAR 15.403-2(a) does not apply to this contracting action, as a final price was not established at the time the contract was awarded. Thus, this FFP proposal may be subject to the Truth in Negotiations Act (TINA), and the Contractor shall submit and certify cost or pricing data in support of its proposal, if the Contracting Officer determines adequate price competition does not exist under the Call for Improved Pricing.

(c) If the parties are unable to agree on pricing, the Contracting Officer may, for each NTE option price not agreed upon: (1) definitize and exercise the option at a unilaterally-determined price based upon the cost or pricing data provided in the Contractor's Limited Production proposal and other available information, (2) definitize and exercise the option at the NTE price, or (3) exercise the NTE option subject to definitization of the price after award. If the Contractor objects to a price unilaterally determined by the contracting officer under (1) or (3) above, the Contractor may appeal as provided in the Disputes clause.

In any event, the Contractor shall proceed with completion of the basic contract and any option(s) exercised.

H025 INCORPORATION OF SECTION K (OCT 1998)

Section K of the solicitation is hereby incorporated by reference.

H029 IMPLEMENTATION OF DISCLOSURE OF INFORMATION (OCT 1997) (TAILORED)

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

(a) One copy to: Office of Public Affairs

AAC/PA

101 West D. Avenue, Suite 110 Eglin AFB FL 3542-5498

(b) One copy to: Contracting Officer, 693 ARSS 207 West D. Avenue, Ste 622, Bldg 349 Eglin AFB FL 32542-6844

(c) One copy to: Program Manager, 693 ARSS Bldg 349, 207 West D. Avenue, Ste 622 Eglin AFB FL 32542-6844

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

SECTION I FA8675-10-R-0011

Contract Clauses in this section are from the FAR, Defense FAR Sup, Air Force FAR Sup, and the Air Force Materiel Command FAR Sup, and are current through the following updates:

Database_Version: 6.12.x.100; Issued: 2/1/2010; FAR: FAC 2005-38; DFAR: DCN20100120; DL.: DL 98- 021; Class Deviations: CD 2009-O0014; AFFAR: 2002 Edition; AFMCFAR: AFMCAC 07-05;

AFAC: AFAC 2009-1030; IPN: 98-009

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

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.202-01 DEFINITIONS (JUL 2004)

52.203-03 GRATUITIES (APR 1984)

52.203-05 COVENANT AGAINST CONTINGENT FEES (APR 1984)

52.203-06 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

52.203-07 ANTI-KICKBACK PROCEDURES (JUL 1995)

52.203-08 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY (JAN 1997)

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

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(SEP 2007)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (DEC 2008)

52.204-02 SECURITY REQUIREMENTS (AUG 1996)

52.204-04 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)

52.204-07 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

52.209-06 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

(SEP 2006)

52.211-05 MATERIAL REQUIREMENTS (AUG 2000)

52.215-02 AUDIT AND RECORDS -- NEGOTIATION (MAR 2009)

52.215-08 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

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

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

52.215-14 INTEGRITY OF UNIT PRICES (OCT 1997) - ALTERNATE I (OCT 1997)

52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2004)

52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS

(PRB) OTHER THAN PENSIONS (JUL 2005)

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

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

COST OR PRICING DATA--MODIFICATIONS (OCT 1997)

52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES (OCT 2009)

52.219-08 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004)

52.219-09 SMALL BUSINESS SUBCONTRACTING PLAN (DEVIATION) (APR 2008) -

ALTERNATE II (OCT 2001)

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

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

52.222-01 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

52.222-20 WALSH-HEALEY PUBLIC CONTRACTS ACT (DEC 1996)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

52.222-26 EQUAL OPPORTUNITY (MAR 2007)

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

VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006)

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

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

VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006)

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

OR FEES (DEC 2004)

52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

52.223-03 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN

1997) Para (b), Material Identification No: 'Control Section, WCU-2/B Missile Battery - Activation cartridge: 1.48 ± 0.52 grams Control Section, WCU-2/B Missile Battery - Electrolyte (Potassium Hydroxide); 31.5% by weight'

52.223-06 DRUG-FREE WORKPLACE (MAY 2001)

52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)

52.223-14 TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

52.225-08 DUTY- FREE ENTRY (FEB 2000)

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

52.227-01 AUTHORIZATION AND CONSENT (DEC 2007)

52.227-02 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT (DEC 2007)

52.229-03 FEDERAL, STATE, AND LOCAL TAXES (APR 2003)

52.230-02 COST ACCOUNTING STANDARDS (OCT 2008)

52.232-01 PAYMENTS (APR 1984)

52.232-16 PROGRESS PAYMENTS (JUL 2009)

52.232-17 INTEREST (OCT 2008)

52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

52.232-25 PROMPT PAYMENT (OCT 2008)

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

REGISTRATION (OCT 2003)

52.233-01 DISPUTES (JUL 2002) - ALTERNATE I (DEC 1991)

52.233-03 PROTEST AFTER AWARD (AUG 1996)

52.233-04 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.234-01 INDUSTRIAL RESOURCES DEVELOPED UNDER DEFENSE PRODUCTION ACT

TITLE III (DEC 1994)

52.242-13 BANKRUPTCY (JUL 1995)

52.243-01 CHANGES -- FIXED-PRICE (AUG 1987)

52.243-07 NOTIFICATION OF CHANGES (APR 1984)

Para (b), Number of calendar days is (insert 30 for RDSS/C) '30 days' Para (d), Number of calendar days is (insert 30 for RDSS/C) '30 days'

52.244-05 COMPETITION IN SUBCONTRACTING (DEC 1996)

52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS (AUG 2009)

52.245-09 USE AND CHARGES (JUN 2007)

52.246-18 WARRANTY OF SUPPLIES OF A COMPLEX NATURE (MAY 2001)

Para (b)(1), Warranty period or event is 'one year after delivery' Para (c)(3), Period of time is '30 days' Para (c)(3), Period of time is '30 days' Para (c)(3), Period is '45 days' Para (c)(4), Period is '45 days' Para (c)(4), Period is '45 days'

52.246-24 LIMITATION OF LIABILITY -- HIGH-VALUE ITEMS (FEB 1997)

52.248-01 VALUE ENGINEERING (FEB 2000)

Para (m). Contract number. 'FA8675-10-C-xxxx'

52.249-02 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (MAY

2004)

52.249-08 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

52.253-01 COMPUTER GENERATED FORMS (JAN 1991)

B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(JAN 2009)

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

CONTRACT-RELATED FELONIES (DEC 2008)

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JAN

2009)

252.204-7000 DISCLOSURE OF INFORMATION (DEC 1991)

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

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

252.204-7005 ORAL ATTESTATION OF SECURITY RESPONSIBILITIES (NOV 2001)

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC

1991)

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

GOVERNMENT OF A TERRORIST COUNTRY (DEC 2006)

252.211-7000 ACQUISITION STREAMLINING (DEC 1991)

252.211-7003 ITEM IDENTIFICATION AND VALUATION (AUG 2008)

Para (c)(1)(ii). Items with acquisition cost less than $5,000. 'N/A' Para (c)(1)(iii). Attachment Nr. 'The Contractor shall mark all new HARM Control

Sections per DoD guidance, MIL-STD-130 and the drawings.'

252.215-7000 PRICING ADJUSTMENTS (DEC 1991)

252.215-7002 COST ESTIMATING SYSTEM REQUIREMENTS (DEC 2006)

252.215-7004 EXCESSIVE PASS-THROUGH CHARGES (MAY 2008)

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

252.223-7001 HAZARD WARNING LABELS (DEC 1991)

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

252.225-7001 BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM (JAN 2009)

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

252.225-7006 QUARTERLY REPORTING OF ACTUAL CONTRACT PERFORMANCE OUTSIDE THE

UNITED STATES (MAY 2007)

252.225-7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS (JUL 2009)

252.225-7009 RESTRICTION ON ACQUISITION OF CERTAIN ARTICLES CONTAINING SPECIALTY

METALS (JUL 2009)

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

252.225-7016 RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS (MAR 2006)

252.225-7029 REPORTING OF COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS THAT

CONTAIN SPECIALTY METALS AND ARE INCORPORATED INTO NONCOMMERCIAL

END ITEMS (JUL 2009)

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

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

252.227-7000 NON-ESTOPPEL (OCT 1966)

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

252.227-7014 RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL

COMPUTER SOFTWARE DOCUMENTATION (JUN 1995)

252.227-7019 VALIDATION OF ASSERTED RESTRICTIONS--COMPUTER SOFTWARE (JUN 1995)

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

INFORMATION MARKED WITH RESTRICTIVE LEGENDS (JUN 1995)

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

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

252.227-7038 PATENT RIGHTS--OWNERSHIP BY THE CONTRACTOR (LARGE BUSINESS) (DEC

2007)

252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(MAR 2008)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS

(DOD CONTRACTS) (JAN 2009)

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (MAY 2002)

252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000)

252.249-7002 NOTIFICATION OF ANTICIPATED CONTRACT TERMINATION OR REDUCTION

(DEC 2006)

C. AIR FORCE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

5352.201-9101 OMBUDSMAN (AUG 2005)

Para (c). Ombudsmen names, addresses, phone numbers, fax, and email addresses.

'Col Arnold D. Bunch, AAC/CV, 101 West D. Avenue, Suite 116, Eglin AFB Fl. 32542- 5495, 850-882-5422'

5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) (APR 2003)

Para (c), List of Class I ODSs. 'None'

D. AIR FORCE MATERIEL COMMAND FEDERAL ACQUISITION REGULATION SUPPLEMENT

CONTRACT CLAUSES

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

Subcontracting plan contained in 'FA8675-10-R-0011' Date is '?????'

5352.219-9003 INCORPORATION OF COMPREHENSIVE SUBCONTRACTING PLAN (OCT 2008)

Date 'CONTRACTOR TO PROVIDE'

5352.227-9000 EXPORT-CONTROLLED DATA RESTRICTIONS (AFMC) (JUL 1997)

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

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES IN FULL TEXT

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

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).

52.217-07 OPTION FOR INCREASED QUANTITY -- SEPARATELY PRICED LINE ITEM (MAR 1989)

(TAILORED)

(a) The Government may require the delivery of the line items, identified in the Schedule as options, CLIN's 0004 through 0009. The Contracting Officer shall provide written notice of intent to exercise the first option on or before 24 months after the award of the basic contract for CLIN's 0004, 0005, 0006 and 0007 and the second option on or before 36 months after the award of the basic contract for CLIN's 0008 and 0009. If the Government exercises these options within the time specified previously, the Contractor shall deliver the items at the unit prices set forth in the schedule and at the rate called for under the contract.

(b) The Contractor agrees to allow the Government to add additional quantities to an option exercise provided the Government notifies the Contractor, in writing, within 30 calendar days of the option being exercised.

(c) The Government reserves the right to exercise/award options, described in the previous paragraphs, as new contracts bilaterally, if it is in the best interest of the government.

52.232-32 PERFORMANCE-BASED PAYMENTS (JAN 2008)

(a) Amount of payments and limitations on payments. Subject to such other limitations and conditions as are specified in this contract and this clause, the amount of payments and limitations on payments shall be specified in the contract's description of the basis for payment.

(b) Contractor request for performance-based payment. The Contractor may submit requests for payment of performance-based payments not more frequently than monthly, in a form and manner acceptable to the Contracting Officer. Unless otherwise authorized by the Contracting Officer, all performance-based payments in any period for which payment is being requested shall be included in a single request, appropriately itemized and totaled. The Contractor's request shall contain the information and certification detailed in paragraphs (l) and (m) of this clause.

(c) Approval and payment of requests.

(1) The Contractor shall not be entitled to payment of a request for performance-based payment prior to successful accomplishment of the event or performance criterion for which payment is requested. The Contracting Officer shall determine whether the event or performance criterion for which payment is requested has been successfully accomplished in accordance with the terms of the contract.

The Contracting Officer may, at any time, require the Contractor to substantiate the successful performance of any event or performance criterion which has been or is represented as being payable.

(2) A payment under this performance-based payment clause is a contract financing payment under the Prompt Payment clause of this contract and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved requests on the 30th day after receipt of the request for performance-based payment by the designated payment office.

However, the designated payment office is not required to provide payment if the Contracting Officer requires substantiation as provided in paragraph (c)(1) of this clause, or inquires into the status of an event or performance criterion, or into any of the conditions listed in paragraph (e) of this clause, or into the Contractor certification.