Attachment No. 5 Draft Order 0002.pdf

ORDER FOR SUPPLIES OR SERVICES PAGE 1 OF 17

1. CONTRACT/PURCH ORDER/AGREEMENT NO.

FA8750-10-D-0001

2. DELIVERY ORDER/ CALL NO.

3. DATE OF ORDER/CALL

(YYYYMMMDD)

4. REQUISITION/PURCH REQUEST NO.

SEE SCHEDULE

5. PRIORITY

DO-A7

6. ISSUED BY AFRL/RIKF CODE FA8750 7. ADMINISTERED BY (If Other than 6) CODE 8. DELIVERY FOB

USAF, AFMC

AIR FORCE RESEARCH LABORATORY

26 ELECTRONIC PARKWAY

ROME NY 13441-4514

BRIAN D. SHEPARD 315-330-1729

Brian.Shepard@rl.af.mil

DESTINATION

X OTHER

(See Schedule if other)

SCD: PAS: (NONE)

9. CONTRACTOR CODE FACILITY 10. DELIVER TO FOB POINT BY (Date) 11. X IFBUSINESS IS

(YYYYMMMDD) SEE SCHEDULE SMALL

NAME

AND

12. DISCOUNT ITEMS SMALL DISAD-

VANTAGED

ADDRESS N WOMEN-

OWNED

13. MAIL INVOICES TO ADDRESS IN BLOCK

SEE BLOCK 15 (PAYMENT OFFICE)

14. SHIP TO CODE 15. PAYMENT WILL BE MADE BY CODE

SEE SCHEDULE MARK ALL

PACKAGES AND

PAPERS WITH

IDENTIFICATION

NUMBERS IN

BLOCKS 1 AND 2.

EFT:T

16.

DELIVERY/

X

This delivery order/call is issued on another Government agency or in accordance with and subject to terms and conditions of above numbered contract.

TYPE CALL

OF

PURCHASE Reference your furnish the following on items specified herein.

ORDER ACCEPTANCE. THE CONTRACTOR HEREBY ACCEPTS THE OFFER REPRESENTED BY THE NUMBERED PURCHASE ORDER AS IT MAY PREVIOUSLY HAVE BEEN OR IS NOW MODIFIED, SUBJECT TO ALL OF THE TERMS AND CONDITIONS SET FORTH, AND AGREES TO PERFORM THE SAME.

NAME OF CONTRACTOR SIGNATURE

TYPED NAME AND TITLE DATE SIGNED(YYYYMMMDD)

If this box is marked, supplier must sign Acceptance and return the following number of copies:

17. ACCOUNTING AND APPROPRIATION DATA/LOCAL USE

SEE SCHEDULE

18. ITEM NO. 19. SCHEDULE OF SUPPLIES/SERVICES 20. QUANTITY

ORDERED/

ACCEPTED*

21.

UNIT

22. UNIT PRICE 23. AMOUNT

*If quantity accepted by the Government is same as quantity ordered, indicate by X. If different, enter actual quantity accepted below quantity ordered and encircle.

24. UNITED STATES OF AMERICA

25. TOTAL

$0.00

29.

DIFFERENCES

LORI L. ANGUILLI

BY: CONTRACTING/ORDERING OFFICER

26. QUANTITY IN COLUMN 20 HAS BEEN 27. SHIP NO. 28. D.O. VOUCHER NO. 30. INITIALS

INSPECTED RECEIVED ACCEPTED, AND CONFORMS TO THE

CONTRACT EXCEPT AS NOTED

PARTIAL 32. PAID BY 33. AMOUNT VERIFIED CORRECT FOR

_______ _________________________________________________ FINAL

DATE SIGNATURE AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32. PAYMENT 34. CHECK NUMBER

36. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT. COMPLETE

_______ _________________________________________________ PARTIAL 35. BILL OF LADING

DATE SIGNATURE AND TITLE OF CERTIFYING OFFICER FINAL

37. RECEIVED

AT

38. RECEIVED BY (Print) 39. DATE RECEIVED

(YYYYMMMDD)

40. TOTAL CON-

TAINERS

41. S/R ACCOUNT NO. 42. S/R VOUCHER NO.

DD FORM 1155, JAN 1998 (EG) ConWrite Version 6.12.0 PREVIOUS EDITION MAY BE USED Created 12 Feb 2010 2:40 PM

SCHEDULE

FA8750-10-D-0001 0002

I. In addition to the terms and conditions specified in the basic contract, this Order includes the following terms and conditions:

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B058 CONTRACT TYPE: FIRM FIXED PRICE (FEB 1997)

Total Price: $TBD Applicable to following Line Items: CLIN 0001 and 0002

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

0001 1 EST

Lot EST $0.00

Noun: JTT SOFTWARE ENHANCEMENTS

ACRN: AA

NSN: U - Unknown Contract type: J - FIRM FIXED PRICE Inspection: SOURCE Acceptance: SOURCE Descriptive Data:

A. ITAC SOFTWARE MAINTENANCE in accordance with paragraph 4.0 of Attachment No. 2, Work Description entitled, "Integrated Targeting Automation Capability (ITAC)", dated 04 FEB 2010.

B. Payment instructions for the subline items shown below are contained in Section G.

Noun: DATA Exhibit: A NSN: N - Not Applicable DD1423 is Exhibit: A Descriptive Data:

Data in accordance with Exhibit A, Contract Data Requirements List dated 04 FEB 2010.

Quantity and delivery schedule shall be as specified on Exhibit A.

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C004 INCORPORATED DOCUMENTS/REQUIREMENTS - ALTERNATE (FEB 2006) (TAILORED)

1. The following documents, as they may be amended below, are a part of this order:

(a) Exhibit A, Contract Data Requirements List (CDRL), dated (to be provided at a later date).

(b) Attachment No. 2, Work Description entitled, "JTT Software Enhancements," dated 04 FEB 2010.

SECTION F - DELIVERIES OR PERFORMANCE

SHIP MARK TRANS

ITEM SUPPLIES SCHEDULE DATA QTY TO FOR PRI DATE

0001 1 FA8750 12 MARO

Noun: JTT SOFTWARE ENHANCEMENTS

ACRN: AA

Descriptive Data:

The term "MARO" above is hereby defined as "months after the effective date for award of the contractual action (as shown in Block 3, Section A, SF 26)." Upon contract award, the MARO will be replaced by a specific calendar date for delivery.

Technical Exchange Meetings (TEMs), Quarterly Reviews and Oral Presentations shall be held at times and locations coordinated with the AFRL Program Manager.

SHIP SOFTWARE TO:

ATTN: Dennis Jones, AFRL/RIEB Contract Number: FA8750-10-D-0001 0001 525 Brooks Rd Rome NY 13441-4505

Addresses of specific consignees and any other shipping instructions not provided in this Section F shall be furnished by the Contracting Officer within a reasonable time, provided that the Contractor shall, in writing, request such information whenever it determines that it is necessary to prevent delay in deliveries hereunder.

SECTION G - CONTRACT ADMINISTRATION DATA follows:

Obligation ACRN Appropriation/Lmt Subhead/Supplemental Accounting Data Amount

AA $0.00

Funding breakdown: On CLIN 0001: $0.00 Descriptive data:

PR Number: TBD

PCSN: TBD

Funding Document No.: TBD

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H087 GOVERNMENT- FURNISHED PROPERTY (GFP) (FEB 2003)

Pursuant to the Government Property clause herein, the Government shall furnish the item(s) of property listed below as Government-Furnished Property (GFP) to the Contractor, f.o.b. Destination (insert origin or destination as appropriate), for use in performance of this contract. Upon completion of the contract, the Contractor shall obtain disposition instructions from the Government Property Administrator of the activity having responsibility for administration of the contract.

ITEM NR NSN NOUN PART NO QTY DELIVERY DATE

To be determined, in accordance with the successfull Offeror's approach.

RIK-H005 GOVERNMENT-FURNISHED INFORMATION (FEB 2010)

The Government will provide the items listed below to the Contractor by the specified date:

DATE(S) TO BE

SUPPLIED

DESCRIPTION OF DATA FROM TO

(GFI for Order 0001 will be listed here when the RFP is issued, if applicable.)

RIK-H006 GOVERNMENT FURNISHED SOFTWARE (FEB 2010)

(a) The Government will provide to the Contractor, for use in performance of this contract, the following listed software, by the date shown:

GOVERNMENT FURNISHED SOFTWARE DATE

(GFS for Order 0001 will be listed here when the RFP is issued, if applicable.)

(b) The Contractor agrees:

(1) that the software will not be used for any purpose, whether Governmental or commercial, that is not specifically required for performance of this contract;

(2) the software or modified version will not be provided to anyone without prior written approval of the Contracting Officer;

(3) except as specifically required for performance of this contract, no copies of the software will be made;

(4) to observe and honor any and all markings on the software concerning national defense security classification and limited or proprietary rights;

(5) to return all copies of the software to the Government upon completion of this contract.

(c) The software is provided "as is"; the Government is not liable nor responsible for maintenance, updating or correction of any errors contained in the software unless specified in this contract.

SECTION I - CONTRACT CLAUSES

The following clauses will not apply to this order:

FAR 52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES

This clause is in the Umbrella IDIQ but will not be in force on this order, since it is anticipated that it will be awarded based on adequate price competition.

FAR 52.245-01 GOVERNMENT PROPERTY (DEVIATION)

This clause is in the Umbrella IDIQ but will not be in force on this order, since it is anticipated that award of this order will not require the contractor to provide a Certificate of Current Cost or Pricing Data since this order is intended to be awarded based on adequate price competition. This clause is replaced with its Alternate I as follows:

FAR 52.245-01 GOVERNMENT PROPERTY (DEVIATION) (JUN 2007) - ALTERNATE I (JUN 2007)

(a) Definitions. As used in this clause-

"Acquisition cost" means the cost to acquire a tangible capital asset including the purchase price of the asset and costs necessary to prepare the asset for use. Costs necessary to prepare the asset for use include the cost of placing the asset in location and bringing the asset to a condition necessary for normal or expected use.

"Cannibalize" means to remove serviceable parts from one item of equipment in order to install them on another item of equipment.

"Contractor-acquired property" means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract, and to which the Government has title.

"Contractor inventory" means-

(1) Any property acquired by and in the possession of a Contractor or subcontractor under a contract for which title is vested in the Government and which exceeds the amounts needed to complete full performance under the entire contract;

(2) Any property that the Government is obligated or has the option to take over under any type of contract, e.g., as a result either of any changes in the specifications or plans thereunder or of the termination of the contract (or subcontract thereunder), before completion of the work, for the convenience or at the option of the Government; and

(3) Government-furnished property that exceeds the amounts needed to complete full performance under the entire contract.

"Contractor's managerial personnel" means the Contractor's directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of-

(1) All or substantially all of the Contractor's business;

(2) All or substantially all of the Contractor's operation at any one plant or separate location; or

(3) A separate and complete major industrial operation.

"Demilitarization" means rendering a product unusable for, and not restorable to, the purpose for which it was designed or is customarily used.

"Discrepancies incident to shipment" means any differences (e.g., count or condition) between the items documented to have been shipped and items actually received.

"Equipment" means a tangible asset that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use.

"Government-furnished property" means property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract.

"Government property" means all property owned or leased by the Government. Government property includes both Government-furnished and Contractor-acquired property.

"Material" means property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end-item. Material does not include equipment, special tooling and special test equipment.

"Nonseverable" means property that cannot be removed after construction or installation without substantial loss of value or damage to the installed property or to the premises where installed.

"Precious metals" means silver, gold, platinum, palladium, iridium, osmium, rhodium, and ruthenium.

"Property" means all tangible property, both real and personal.

"Property Administrator" means an authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor.

"Provide" means to furnish, as in Government-furnished property, or to acquire, as in contractor-acquired property.

"Real property" means land and rights in land, ground improvements, utility distribution systems, and buildings and other structures. It does not include foundations and other work necessary for installing personal property.

"Sensitive property" means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability.

Examples include weapons, ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious metals.

"Surplus property" means excess personal property not required by any Federal agency as determined by the Administrator of the General Services Administration (GSA).

(b) Property management.

(1) The Contractor shall have a system to manage (control, use, preserve, protect, repair and maintain) Government property in its possession. The system shall be adequate to satisfy the requirements of this clause. In doing so, the Contractor shall initiate and maintain the processes, systems, procedures, records, and methodologies necessary for effective control of Government property, consistent with voluntary consensus standards and/or industry-leading practices and standards for Government property management except where inconsistent with law or regulation. During the period of performance, the Contractor shall disclose any significant changes to their property management system to the Property Administrator prior to implementation.

(2) The Contractor's responsibility extends from the initial acquisition and receipt of property, through stewardship, custody, and use until formally relieved of responsibility by authorized means, including delivery, consumption, expending, disposition, or via a completed investigation, evaluation, and final determination for lost, damaged, destroyed, or stolen property. This requirement applies to all Government property under the Contractor's accountability, stewardship, possession or control, including its vendors or subcontractors (see paragraph (f)(1)(v) of this clause).

(3) The Contractor shall include the requirements of this clause in all subcontracts under which Government property is acquired or furnished for subcontract performance.

(c) Use of Government property. The Contractor shall use Government property, either furnished or acquired under this contract, only for performing this contract, unless otherwise provided for in this contract or approved by the Contracting Officer. The Contractor shall not modify, cannibalize, or make alterations to Government property unless this contract specifically identifies the modifications, alterations or improvements as work to be performed.

(d) Government-furnished property.

(1) The Government shall deliver to the Contractor the Government-furnished property described in this contract. The Government shall furnish related data and information needed for the intended use of the property. The warranties of suitability of use and timely delivery of Government-furnished property do not apply to property acquired or fabricated by the Contractor as contractor-acquired property and subsequently transferred to another contract with this Contractor.

(2) The delivery and/or performance dates specified in this contract are based upon the expectation that the Government-furnished property will be suitable for contract performance and will be delivered to the Contractor by the dates stated in the contract.

(i) If the property is not delivered to the Contractor by the dates stated in the contract, the Contracting Officer shall, upon the Contractor's timely written request, consider an equitable adjustment to the contract.

(ii) In the event property is received by the Contractor, or for Government-furnished property after receipt and installation, in a condition not suitable for its intended use, the Contracting Officer shall, upon the Contractor's timely written request, advise the Contractor on a course of action to remedy the problem. Such action may include repairing, replacing, modifying, returning, or otherwise disposing of the property at the Government's expense. Upon completion of the required action(s), the Contracting Officer shall consider an equitable adjustment to the contract (see also paragraph (f)(1)(ii)(A) of this clause).

(iii) The Government may, at its option, furnish property in an "as-is" condition.

The Contractor will be given the opportunity to inspect such property prior to the property being provided.

In such cases, the Government makes no warranty with respect to the serviceability and/or suitability of the property for contract performance. Any repairs, replacement, and/or refurbishment shall be at the Contractor's expense.

(3)(i) The Contracting Officer may by written notice, at any time-

(A) Increase or decrease the amount of Government-furnished property under this contract;

(B) Substitute other Government-furnished property for the property previously furnished, to be furnished, or to be acquired by the Contractor for the Government under this contract; or

(C) Withdraw authority to use property.

(ii) Upon completion of any action(s) under paragraph (d)(3)(i) of this clause, and the Contractor's timely written request, the Contracting Officer shall consider an equitable adjustment to the contract.

(e) Title to Government property.

(1) The Government shall retain title to all Government-furnished property. Title to Government property shall not be affected by its incorporation into or attachment to any property not owned by the Government, nor shall Government property become a fixture or lose its identity as personal property by being attached to any real property.

(2) Fixed-price contracts.

(i) All Government-furnished property and all property acquired by the Contractor, title to which vests in the Government under this paragraph (collectively referred to as "Government property"), are subject to the provisions of this clause.

(ii) Title to each item of equipment, special test equipment and special tooling acquired by the Contractor for the Government under this contract shall pass to and vest in the Government when its use in performing this contract commences or when the Government has paid for it, whichever is earlier, whether or not title previously vested in the Government.

(iii) If this contract contains a provision directing the Contractor to purchase material for which the Government will reimburse the Contractor as a direct item of cost under this contract-

(A) Title to material purchased from a vendor shall pass to and vest in the Government upon the vendor's delivery of such material; and

(B) Title to all other material shall pass to and vest in the Government upon-

(1) Issuance of the material for use in contract performance;

(2) Commencement of processing of the material or its use in contract performance; or

(3) Reimbursement of the cost of the material by the Government, whichever occurs first.

(3) Title under Cost-Reimbursement or Time-and-Material Contracts or Cost- Reimbursable contract line items under Fixed-Price contracts.

(i) Title to all property purchased by the Contractor for which the Contractor is entitled to be reimbursed as a direct item of cost under this contract shall pass to and vest in the Government upon the vendor's delivery of such property.

(ii) Title to all other property, the cost of which is reimbursable to the Contractor, shall pass to and vest in the Government upon-

(A) Issuance of the property for use in contract performance;

(B) Commencement of processing of the property for use in contract performance; or

(C) Reimbursement of the cost of the property by the Government, whichever occurs first.

(iii) All Government-furnished property and all property acquired by the Contractor, title to which vests in the Government under this paragraph (e)(3)(iii) (collectively referred to as ``Government property)'', are subject to the provisions of this clause.

(f) Contractor plans and systems.

(1) Contractors shall establish and implement property management plans, systems, and procedures at the contract, program, site or entity level to enable the following outcomes:

(i) Acquisition of Property. The Contractor shall document that all property was acquired consistent with its engineering, production planning, and material control operations.

(ii) Receipt of Government Property. The Contractor shall receive Government property (document the receipt), record the information necessary to meet the record requirements of paragraph (f)(1)(iii)(A)(1) through (5) of this clause, identify as Government owned in a manner appropriate to the type of property (e.g., stamp, tag, mark, or other identification), and manage any discrepancies incident to shipment.

(A) Government-furnished property. The Contractor shall furnish a written statement to the Property Administrator containing all relevant facts, such as cause or condition and a recommended course(s) of action, if overages, shortages, or damages and/or other discrepancies are discovered upon receipt of Government-furnished property.

(B) Contractor-acquired property. The Contractor shall take all actions necessary to adjust for overages, shortages, damage and/or other discrepancies discovered upon receipt, in shipment of Contractor-acquired property from a vendor or supplier, so as to ensure the proper allocability and allowability of associated costs.

(iii) Records of Government property. The Contractor shall create and maintain records of all Government property accountable to the contract, including Government-furnished and Contractor-acquired property.

(A) Property records shall enable a complete, current, auditable record of all transactions and shall, unless otherwise approved by the Property Administrator, contain the following:

(1) The name, part number and description, manufacturer, model number, and National Stock Number (if needed for additional item identification tracking and/or disposition).

(2) Quantity received (or fabricated), issued, and balance-on-hand.

(3) Unit acquisition cost.

(4) Unique-item identifier or equivalent (if available and necessary for individual item tracking).

(5) Unit of measure.

(6) Accountable contract number or equivalent code designation.

(7) Location.

(8) Disposition.

(9) Posting reference and date of transaction.

(10) Date placed in service.

(B) Use of a Receipt and Issue System for Government Material. When approved by the Property Administrator, the Contractor may maintain, in lieu of formal property records, a file of appropriately cross-referenced documents evidencing receipt, issue, and use of material that is issued for immediate consumption.

(iv) Physical inventory. The Contractor shall periodically perform, record, and disclose physical inventory results. A final physical inventory shall be performed upon contract completion or termination. The Property Administrator may waive this final inventory requirement, depending on the circumstances (e.g., overall reliability of the Contractor's system or the property is to be transferred to a follow-on contract).

(v) Subcontractor control.

(A) The Contractor shall award subcontracts that clearly identify assets to be provided and shall ensure appropriate flow down of contract terms and conditions (e.g., extent of liability for loss, damage, destruction or theft of Government property).

(B) The Contractor shall assure its subcontracts are properly administered and reviews are periodically performed to determine the adequacy of the subcontractor's property management system.

(vi) Reports. The Contractor shall have a process to create and provide reports of discrepancies; loss, damage, destruction, or theft; physical inventory results; audits and self-assessments; corrective actions; and other property related reports as directed by the Contracting Officer.

(A) Loss, damage, destruction, or theft. Unless otherwise directed by the Property Administrator, the Contractor shall investigate and promptly furnish a written narrative of all incidents of loss, damage, destruction, or theft to the property administrator as soon as the facts become known or when requested by the Government.

(B) Such reports shall, at a minimum, contain the following information:

(1) Date of incident (if known).

(2) The name, commercial description, manufacturer, model number, and National Stock Number (if applicable).

(3) Quantity.

(4) Unique Item Identifier (if available).

(5) Accountable Contract number.

(6) A statement indicating current or future need.

(7) Acquisition cost, or if applicable, estimated scrap proceeds, estimated repair or replacement costs.

(8) All known interests in commingled property of which the Government property is a part.

(9) Cause and corrective action taken or to be taken to prevent recurrence.

(10) A statement that the Government will receive any reimbursement covering the loss, damage, destruction, or theft, in the event the Contractor was or will be reimbursed or compensated.

(11) Copies of all supporting documentation.

(12) Last known location.

(13) A statement that the property did or did not contain sensitive or hazardous material, and if so, that the appropriate agencies were notified.

(vii) Relief of stewardship responsibility. Unless the contract provides otherwise, the Contractor shall be relieved of stewardship responsibility for Government property when such property is-

(A) Consumed or expended, reasonably and properly, or otherwise accounted for, in the performance of the contract, including reasonable inventory adjustments of material as determined by the Property Administrator; or a Property Administrator granted relief of responsibility for loss, damage, destruction or theft of Government property;

(B) Delivered or shipped from the Contractor's plant, under Government instructions, except when shipment is to a subcontractor or other location of the Contractor; or

(C) Disposed of in accordance with paragraphs (j) and (k) of this clause.

(viii) Utilizing Government property.

(A) The Contractor shall utilize, consume, move, and store Government Property only as authorized under this contract. The Contractor shall promptly disclose and report Government property in its possession that is excess to contract performance.

(B) Unless otherwise authorized in this contract or by the Property Administrator the Contractor shall not commingle Government property with property not owned by the Government.

(ix) Maintenance. The Contractor shall properly maintain Government property.

The Contractor's maintenance program shall enable the identification, disclosure, and performance of normal and routine preventative maintenance and repair. The Contractor shall disclose and report to the Property Administrator the need for replacement and/or capital rehabilitation.

(x) Property closeout. The Contractor shall promptly perform and report to the Property Administrator contract property closeout, to include reporting, investigating and securing closure of all loss, damage, destruction, or theft cases; physically inventorying all property upon termination or completion of this contract; and disposing of items at the time they are determined to be excess to contractual needs.

(2) The Contractor shall establish and maintain Government accounting source data, as may be required by this contract, particularly in the areas of recognition of acquisitions and dispositions of material and equipment.

(3) The Contractor shall establish and maintain procedures necessary to assess its property management system effectiveness, and shall perform periodic internal reviews and audits.

Significant findings and/or results of such reviews and audits pertaining to Government property shall be made available to the Property Administrator.

(g) Systems analysis.

(1) The Government shall have access to the contractor's premises and all Government property, at reasonable times, for the purposes of reviewing, inspecting and evaluating the Contractor's property management plan, systems, procedures, records, and supporting documentation that pertains to Government property.

(2) Records of Government property shall be readily available to authorized Government personnel and shall be safeguarded from tampering or destruction.

(3) Should it be determined by the Government that the Contractor's property management practices are inadequate or not acceptable for the effective management and/or control of Government property under this contract, and/or present an undue risk to the Government, the Contractor shall immediately take all necessary corrective actions as directed by the Property Administrator.

(4) The Contractor shall ensure Government access to subcontractor premises, and all Government property located at subcontractor premises, for the purposes of reviewing, inspecting and evaluating the subcontractor's property management plan, systems, procedures, records, and supporting documentation that pertains to Government property.

(h) Contractor Liability for Government Property.

(1) Unless otherwise provided for in the contract, the Contractor shall not be liable for loss, damage, destruction, or theft to the Government property furnished or acquired under this contract, except when any one of the following applies-

(i) The risk is covered by insurance or the Contractor is otherwise reimbursed (to the extent of such insurance or reimbursement). The allowability of insurance costs shall be determined in accordance with 31.205-19.

(ii) The loss, damage, destruction, or theft is the result of willful misconduct or lack of good faith on the part of the Contractor's managerial personnel. Contractor's managerial personnel, in this clause, means the Contractor's directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of all or substantially all of the Contractor's business; all or substantially all of the Contractor's operation at any one plant or separate location; or a separate and complete major industrial operation.

(iii) The Contracting Officer has, in writing, revoked the Government's assumption of risk for loss, damage, destruction, or theft, due to a determination under paragraph (g) of this clause that the Contractor's property management practices are inadequate, and/or present an undue risk to the Government, and the Contractor failed to take timely corrective action. If the Contractor can establish by clear and convincing evidence that the loss, damage, destruction, or theft of Government property occurred while the Contractor had adequate property management practices or the loss, damage, destruction, or theft of Government property did not result from the Contractor's failure to maintain adequate property management practices, the Contractor shall not be held liable.

(2) The Contractor shall take all reasonable actions necessary to protect the Government property from further loss, damage, destruction, or theft. The Contractor shall separate the damaged and undamaged Government property, place all the affected Government property in the best possible order, and take such other action as the Property Administrator directs.

(3) The Contractor shall do nothing to prejudice the Government's rights to recover against third parties for any loss, damage, destruction, or theft of Government property.

(4) Upon the request of the Contracting Officer, the Contractor shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation, including the prosecution of suit and the execution of instruments of assignment in favor of the Government in obtaining recovery.

(i) Equitable adjustment. Equitable adjustments under this clause shall be made in accordance with the procedures of the Changes clause. The right to an equitable adjustment shall be the Contractor's exclusive remedy and the Government shall not be liable to suit for breach of contract for the following:

(1) Any delay in delivery of Government-furnished property.

(2) Delivery of Government-furnished property in a condition not suitable for its intended use.

(3) An increase, decrease, or substitution of Government-furnished property.

(4) Failure to repair or replace Government property for which the Government is responsible.

(j) Contractor inventory disposal. Except as otherwise provided for in this contract, the Contractor shall not dispose of Contractor inventory until authorized to do so by the Plant Clearance Officer.

(1) Scrap to which the Government has obtained title under paragraph (e) of this clause.

(i) Contractor with an approved scrap procedure.

(A) The Contractor may dispose of scrap resulting from production or testing under this contract without Government approval. However, if the scrap requires demilitarization or is sensitive property, the Contractor shall submit the scrap on an inventory disposal schedule.

(B) For scrap from other than production or testing the Contractor may prepare scrap lists in lieu of inventory disposal schedules (provided such lists are consistent with the approved scrap procedures), except that inventory disposal schedules shall be submitted for scrap aircraft or aircraft parts and scrap that-

(1) Requires demilitarization;

(2) Is a classified item;

(3) Is generated from classified items;

(4) Contains hazardous materials or hazardous wastes;

(5) Contains precious metals; or

(6) Is dangerous to the public health, safety, or welfare.

(ii) Contractor without an approved scrap procedure. The Contractor shall submit an inventory disposal schedule for all scrap. The Contractor may not dispose of scrap resulting from production or testing under this contract without Government approval.

(2) Predisposal requirements.

(i) Once the Contractor determines that Contractor-acquired property is no longer needed for contract performance, the Contractor in the following order of priority-

(A) May contact the Contracting Officer if use of the property in the performance of other Government contracts is practical;

(B) May purchase the property at the acquisition cost; or

(C) Shall make reasonable efforts to return unused property to the appropriate supplier at fair market value (less, if applicable, a reasonable restocking fee that is consistent with the supplier's customary practices).

(ii) The Contractor shall list, on Standard Form 1428, Inventory Disposal Schedule, property that was not used in the performance of other Government contracts under paragraph (j)(2)(i)(A) of this clause, property that was not purchased under paragraph (j)(2) (i)(B) of this clause, and property that could not be returned to a supplier under paragraph (j)(2)(i)(C) of this clause.

(3) Inventory disposal schedules.

(i) The Contractor shall use Standard Form 1428, Inventory Disposal Schedule, to identify-

(A) Government-furnished property that is no longer required for performance of this contract, provided the terms of another Government contract do not require the Government to furnish that property for performance of this contract;

(B) Contractor-acquired property, to which the Government has obtained title under paragraph (e) of this clause, which is no longer required for performance of that contract; and

(C) Termination inventory.

(ii) The Contractor may annotate inventory disposal schedules to identify property the Contractor wishes to purchase from the Government.

(iii) Unless the Plant Clearance Officer has agreed otherwise, or the contract requires electronic submission of inventory disposal schedules, the Contractor shall prepare separate inventory disposal schedules for-

(A) Special test equipment with commercial components;

(B) Special test equipment without commercial components;

(C) Printing equipment;

(D) Information technology (e.g., computers, computer components, peripheral equipment, and related equipment);

(E) Precious metals;

(F) Mononuclear hazardous materials or hazardous wastes; or

(G) Nuclear materials or nuclear wastes.

(iv) The Contractor shall describe the property in sufficient detail to permit an understanding of its intended use. Property with the same description, condition code, and reporting location may be grouped in a single line item.

(4) Submission requirements. The Contractor shall submit inventory disposal schedules to the Plant Clearance Officer no later than-

(i) 30-days following the Contractor's determination that a Government property item is no longer required for performance of this contract;

(ii) 60 days, or such longer period as may be approved by the Plant Clearance Officer, following completion of contract deliveries or performance; or

(iii) 120 days, or such longer period as may be approved by the Termination Contracting Officer following contract termination in whole or in part.

(5) Corrections. The Plant Clearance Officer may-

(i) Reject a schedule for cause (e.g., contains errors, determined to be inaccurate); and

(ii) Require the Contractor to correct an inventory disposal schedule.

(6) Postsubmission adjustments. The Contractor shall notify the Plant Clearance Officer at least 10 working days in advance of its intent to remove an item from an approved inventory disposal schedule. Upon approval of the Plant Clearance Officer, or upon expiration of the notice period, the Contractor may make the necessary adjustments to the inventory schedule.

(7) Storage.

(i) The Contractor shall store the property identified on an inventory disposal schedule pending receipt of disposal instructions. The Government's failure to furnish disposal instructions within 120 days following acceptance of an inventory disposal schedule may entitle the Contractor to an equitable adjustment for costs incurred to store such property on or after the 121st day.

(ii) The Contractor shall obtain the Plant Clearance Officer's approval to remove Government property from the premises where the property is currently located prior to receipt of final disposition instructions. If approval is granted, any costs incurred by the Contractor to transport or store the property shall not increase the price or fee of any Government contract. The storage facility shall be appropriate for assuring the property's physical safety and suitability for use. Approval does not relieve the Contractor of any liability for such property under this contract.

(8) Disposition instructions.

(i) If the Government does not furnish disposition instructions to the Contractor within 45 days following acceptance of a scrap list, the Contractor may dispose of the listed scrap in accordance with the Contractor's approved scrap procedures.

(ii) The Contractor shall prepare for shipment, deliver f.o.b. origin, or dispose of Contractor inventory as directed by the Plant Clearance Officer. If not returned to the Government, the Contractor shall remove and destroy any markings identifying the property as U.S. Government-owned property prior to its disposal.

(iii) The Contracting Officer may require the Contractor to demilitarize the property prior to shipment or disposal. In such cases, the Contractor may be entitled to an equitable adjustment under paragraph (i) of this clause.

(9) Disposal proceeds. As directed by the Contracting Officer, the Contractor shall credit the net proceeds from the disposal of Contractor inventory to the contract, or to the Treasury of the United States as miscellaneous receipts.

(10) Subcontractor inventory disposal schedules. The Contractor shall require its Subcontractors to submit inventory disposal schedules to the Contractor in accordance with the requirements of paragraph (j)(4) of this clause.

(k) Abandonment of Government property.

(1) The Government shall not abandon sensitive Government property or termination inventory without the Contractor's written consent.

(2) The Government, upon notice to the Contractor, may abandon any nonsensitive Government property in place, at which time all obligations of the Government regarding such property shall cease.

(3) The Government has no obligation to restore or rehabilitate the Contractor's premises under any circumstances; however, if Government-furnished property is withdrawn or is unsuitable for the intended use, or if other Government property is substituted, then the equitable adjustment under paragraph (i) of this clause may properly include restoration or rehabilitation costs.

(l) Communication. All communications under this clause shall be in writing.

(m) Contracts outside the United States. If this contract is to be performed outside of the United States and its outlying areas, the words "Government" and "Government-furnished" (wherever they appear in this clause) shall be construed as "United States Government" and "United States Government-furnished," respectively.

Alternate I (Jun 2007). As prescribed in 45.107(a)(2), substitute the following for paragraph (h)(1) of the basic clause:

(h)(1) The Contractor assumes the risk of, and shall be responsible for, any loss, damage, destruction, or theft of Government property upon its delivery to the Contractor as Government-furnished property. However, the Contractor is not responsible for rerasonable wear and tear to Government property or for Government property properly consumed in performing this contract.

LIST OF ATTACHMENTS

DOCUMENT PGS DATE TITLE

ATTACHMENT 1 16 27 OCT 2009 DD FORM 254, DOD CONTRACT SECURITY

CLASSIFICATION SPECIFICATION

ATTACHMENT 2 8 04 FEB 2010 WORK DESCRIPTION ENTITLED "INTEGRATED

TARGETING AUTOMATION CAPABILITY"

ATTACHMENT 3 1 01 JUL 1998 IDENTIFICATION AND ASSERTION OF

RESTRICTIONS ON THE GOVERNMENT'S USE,

RELEASE, OR DISCLOSURE OF TECHNICAL

DATA OR COMPUTER SOFTWARE

Attachment No.2

AIR FORCE RESEARCH LABORATORY

ROME RESEARCH SITE

ROME NEW YORK

ORDER No. 0002

WORK DESCRIPTION

FOR

JTT SOFTWARE ENHANCEMENTS

PCSN E-0-1261

4 FEBRUARY 2010

(Contract Number FA8750-10-R-0001/0002)

E-0-1261

4.0 TECHNICAL REQUIREMENTS. The Contractor shall accomplish the following:

4.1 Enhance, test, and deliver software modifications to Joint Targeting Toolbox (JTT).

4.1.1 Enhance the JTT software with the following JTASG approved requirements.

4.1.1.1 Add the capability to associate and un-associate all targets to a Plan Objective

(JTT-3.1-2008-108I). This includes:

4.1.1.1.1 Implement the capability for a user to select all when selecting objectives.

4.1.1.1.2 Implement the capability for a user to clear multiple objectives from multiple targets in a single action (e.g. remove all selected objectives from all selected targets).

4.1.1.1.3 Implement the capability for a user to remove specific objective(s) from specific target(s) (e.g. select 2 objectives and 10 targets; if any of the targets have any of objectives, those objectives will be removed from the targets)

4.1.1.1.4 Implement a capability for a user to display shared objectives (e.g. if 5 targets are selected only those objectives common to all targets are displayed).

4.1.1.2 Add the capability in all instances to open a parent/associated target folder when the child record is double clicked or the Open Target Folder is selected (similar to JTT-

3.1-2008-266I).

4.1.1.3 Implement the capability for a user to remove target(s) that fail Target List

Validation from the JTT Invalid Targets and JDPIs panel (JTT-3.1-2008-303I).

4.1.1.4 Implement the capability to import Fuse Time fields in addition to the Primary and Secondary Fuse fields from JAWS for the Nose and Tail Fuses (JTT-3.1-2008-113I).

4.1.1.5 Implement the capability to insert a Remark_Name that reflects the

Remark_Type being inserted (JTT-3.1-2008-088I) (e.g. "Target Expectation" or "Target

Significance" or "Target Collateral Damage").

4.1.2 Conduct development testing necessary to ensure the software is ready for formal

Government testing.

4.1.2.1 Support Government functional testing.

4.1.2.2 Support Government Accreditation testing as required.

4.1.3 Provide installation support and training/familiarization in accordance with the program schedule.

4.2 Management.

4.2.1 Provide appropriate Configuration Management, Quality Assurance, and Program

Management support to the above enumerated engineering efforts.

4.2.2 Continually determine the status of the effort and report progress toward accomplishment of Order requirements. (See CDRL, A001)

4.2.2.1 The reports shall include, but not be limited to, the status of each JTASG requirement and updates or changes to existing documentation, illustrating changes since the last report against a static baseline.

4.2.2.2 Document the projected schedule of activities and milestones for this order.

4.2.4 Conduct oral presentations at such times and places designated in the Order schedule. Provide status of technical progress made to date in performance of the Order during presentations. (See CDRLs, A004 and A005)

4.2.4.1 Provide briefings, supporting papers and spreadsheets generated in support of specific tasking and direction.

4.2.5 Update the existing documentation in the form of revisions. Format and content of the changes shall not deviate from that of the existing documentation without

Government approval. (See CDRL, A008) Anticipated documentation includes:

Program Management Plan (PMP)

Integrated Master Schedule (IMS)

Contractor’s Configuration Management Plan

Quality Assurance & Evaluation Plan (QAEP)

Software Development Plan (SDP)

Delivery Letter (DL)

Integration Documentation (ID)

Software User Manual (SUM)

System/Segment Specification (SSS)

Software Requirements Specification/Interface Requirements Specification

(SRS/IRS)

Version Description Document (VDD)

Data Base Design Document (DBDD)

Software Design Description (SDD)

System/Subsystem Design Description (SSDD)

Interface Control Document (ICD)

Software Test Description (STD)

Software Test Report (STR)

Computer Based Training (CBT) CD

Training Management Plan (TMP)

Training Materials

Database Conversion Plan (DCP)

4.2.6 Document all trips to sites, agencies, or other organizations detailing the following: purpose, location, attendees, summary of discussions and events, issues, action items, and any other pertinent information. (See CDRL, A007)

4.2.7 Provide Rough Orders of Magnitude (ROMs) for anticipated requirements to include the following data: (See CDRL, A009)

4.2.7.1 Overall title and description;

4.2.7.2 Assumptions;

4.2.7.3 Software to be modified;

4.2.7.4 Technical effort;

4.2.7.5 Support activities for the following:

4.2.7.5.1 Program Management;

4.2.7.5.2 Project Engineer;

4.2.7.5.3 Software Supervision;

4.2.7.5.4 Software Quality Assurance;

4.2.7.5.5 Software Testing;

4.2.7.5.6 Configuration Management;

4.2.7.5.7 Administrative Support;

4.2.7.5.8 Documentation Support;

4.2.7.6 Total cost to complete, to include the following:

4.2.7.6.1 Cost by Fiscal Year;

4.2.7.6.2 Program Management;

4.2.7.6.3 System Engineering;

4.2.7.6.4 Hardware/Software;

4.2.7.6.5 Testing and Verification;

4.2.7.6.6 Operation and Maintenance;

4.2.7.7 ROM Expiration Date.

4.2.8 Software metrics. (See CDRL, A010)

4.2.8.1 Provide projections to precede the measurements and metrics to be provided to the JTT Program Office.

4.2.8.2 Project metrics (Technical Performance Measures (TPM) and Integrated Master

Schedule (IMS)) at the beginning of each phase of enhancement, in increments determined in coordination with the Government.

4.2.8.3 Report and update metrics.

4.2.8.4 Include developer’s verbiage on each version.

4.2.8.5 Include at a minimum the requirements listed in paragraph 4.1.1 with planned and actual progress, schedule (planned and actual) and open issues;

4.3 Software. Design, enhance, modify, evaluate, document, and deliver all software to fulfill the requirements of this order in accordance with the Order schedule, the Quality

Assurance and Evaluation Program (QAEP) set forth in paragraph 4.6 of the SOS, and the following:

4.3.1 Deliver all computer software enhanced or modified under this effort as source and object (executable) code on CD-ROM. Include the commented source listings and source code for the target computer system. (See CDRL, A006)

4.3.2 Enhanced or modified software delivered under this effort is to be completely maintainable and modifiable with no reliance on any non-delivered computer programs or documentation.

4.3.3 Maintain all software licenses for the JTT development and maintenance systems at the prime Contractor’s facility and all subcontractors facilities. For all software purchased or licensed for use as a component of the software to be delivered, arrangements shall be made for licensing and maintenance agreements to be transferred to the Government upon the completion of this Order. Provide a list of all licensed software with each JTT Program Status Review (PSR) and Program Management Review

(PMR), as required.

4.3.4 All information technology items must be Year 2000 compliant, or non-compliant items must be upgraded to be Year 2000 compliant. Year 2000 compliant means information technology that accurately processes date/time data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries, and the years 1999 and 2000, and leap year calculations, to the extent that other information technology, used in combination with the information technology being acquired, properly exchanges date and time data.

4.3.5 Software Development Folders and Files (SDFs) shall be created as applicable.

These shall be digital and provided to the JTT Program Office on a monthly basis. (See

CDRL. A012)

4.3.5.1 Employ SDFs in the software enhancement process.

4.3.5.2 Employ SDFs for the enhancement and testing life cycle, as applicable to include:

4.3.5.2.1 Design, code, and unit test phases;

4.3.5.2.2 Unit Integration and Functional Area test phase;

4.3.5.2.3 Architectural Component test phase.

4.3.5.3 SDFs shall be:

4.3.5.3.1 Created for each CSC/unit under enhancement, as applicable;

4.3.5.3.2 Generated and controlled;

4.3.5.3.3 Maintained;

4.3.5.3.4 Audited and monitored;

4.3.5.3.5 Reviewed by the JTT Program…