RFP.pdf

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 350)

RATING

DO-A7

PAGE OF PAGES

1 57

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

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED

6. REQUISITION/PURCHASE NO.

FA8750-12-R-0013

7. ISSUED BY AFRL/RIKF CODE FA8750 8. ADDRESS OFFER TO (If other than Item 7)

USAF, AFMC

AIR FORCE RESEARCH LABORATORY

26 ELECTRONIC PARKWAY

ROME NY 13441-4514

ASHLEY M. BUSA 315-330-4457

ASHLEY.BUSA@RL.AF.MIL

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

SOLICITATION

9. Title of the program: Air Space Precision Engagement Research and Engineering (ASPERE)

Sealed offers in original and * copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 7, or, if handcarried, in the Lobby of Bldg. 106 until 3:00 pm local time on 21 March 2012.

* See Section L, Proposal Preparation Instructions.

10. FOR

INFORMATION

CALL:

A. NAME

KELLY L. CONNIFF

B. TELEPHONE (Include area code)

(NO COLLECT CALLS)

C. E-MAIL ADDRESS

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 36

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

C DESCRIPTION/SPECS./WORK STATEMENT 4 J LIST OF ATTACHMENTS 57

D PACKAGING AND MARKING 5 PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 6 K REPRESENTATIONS, CERTIFICATIONS, K - 1

F DELIVERIES OR PERFORMANCE 7 AND OTHER STATEMENTS OF OFFERORS

G CONTRACT ADMINISTRATION DATA 8 L INSTRS, CONDS, AND NOTICES TO OFFERORS L - 1

H SPECIAL CONTRACT REQUIREMENTS 11 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 ____ ____ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date of receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

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

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

14. ACKNOWLEDGEMENTS OF AMENDMENTS

(The offeror acknowledges receipt of amend-

AMENDMENT NO. DATE AMENDMENT NO. DATE

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

15A. NAME

AND

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

OFFER (Type or print)

ADDRESS

OF

OFFEROR

15B. TELEPHONE NO. (Include area code)

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

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

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

TION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

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

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

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

(Signature of Contracting Officer)

28. AWARD DATE

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

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

PREVIOUS EDITION IS UNUSABLE Prescribed by GSA ConWrite Version 6.13.1 FAR (48 CFR) 53.21(c) Created 21 Feb 2012 8:04 AM

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION B FA8750-12-R-0013

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

OTHER CONTRACT CLAUSES IN FULL TEXT

B028 CONTRACT TYPE: FIRM FIXED PRICE (FEB 1997)

Total Price To be specified in each order, if applicable

Applicable to following Line Items: To be specified in each order, if applicable Applies to Firm-Fixed-Price CLIN(s) only.

B039 INDEFINITE QUANTITY (DEC 2005) (TAILORED)

This is an Indefinite Quantity contract as contemplated by FAR 16.504. The total scope of the technical tasks for which orders may be issued is set forth in paragraph 1.0 through 4.0 of the attached Attachment 1, Statement of Work entitled "Air Space Precision Engagement Research and Engineering", dated 9 Nov 2011. The maximum dollar amount the Government may order under this contract is $593,000,000.00;

the minimum amount is $4,000,000.00.

B040 ORDERING PROCEDURES (DEC 2005) (TAILORED)

(a) Orders will be issued by a Procuring Contracting Officer in accordance with the Ordering clause of this contract. However, the following procedures shall be used for negotiation of orders.

(1) The Contracting Officer will provide the Contractor with a copy of the notification of each proposed Order which will include a description of work to be performed and desired completion date.

(2) The Contractor shall then: (i) submit to the Contracting Officer a brief technical discussion describing how the work will be performed; (ii) submit a cost proposal identifying labor categories and number of hours within each category required for the performance of the proposed work;

(iii) identify and provide rationale for all non-labor cost elements required for performance; and (iv) identify any Government property required for performance.

(3) Upon receipt of the proposal, the Contracting Officer will analyze the proposal and, if acceptable, issue an Order directing the Contractor to commence performance, or if the proposal is not fully acceptable as offered, negotiations shall be conducted prior to issuance of any Order . In the event issues pertaining to proposed work cannot be resolved to the satisfaction of the Contracting Officer, the Contracting Officer reserves the right to withdraw and cancel the proposed work. In such event, the Contractor shall be notified, via letter, of the Contracting Officer's decision.

(b) The Contractor is not authorized to commence performance prior to issuance of the Order by the Contracting Officer.

B058 CONTRACT TYPE: COST-PLUS-FIXED-FEE (DEC 2005) (TAILORED)

The estimated cost and fee for this contract are shown below. The applicable fixed fee set forth below may be increased or decreased only by negotiation and modification of the contract for added or deleted work. As determined by the contracting officer, it shall be paid as it accrues, in regular installments based upon the percentage of completion of work (or the expiration of the agreed-upon period(s) for term contracts).

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION B FA8750-12-R-0013

Estimated Cost $ (to be specified in each Order) Fixed Fee $ (to be specified in each Order) Applies to Cost-Plus-Fixed-Fee CLIN(s) only.

RIK-B001 INDEFINITE-DELIVERY, INDEFINITE-QUANTITY CLIN STRUCTURE (NOV 2011)

Contract Line Item Numbers (CLINs) and specific requirements will be assigned in each individual Order.

The related payment instructions will be included in Section G of each Order.

RIK-B002 IMPLEMENTATION OF LIMITATION OF FUNDS (NOV 2011)

(a) The sum allotted to this contract and available for payment of costs under (CLIN Nos. to be specified in each Order as applicable) through (date to be specified in each Order as applicable) in accordance with the clause in Section I entitled "Limitation of Funds" is $(To be specified in each Order as applicable).

(b) In addition to the amount allotted under the "Limitation of Funds" clause, the additional amount of ($To be specified in each Order as applicable) is obligated for payment of fee for work completed under CLINs (To be specified in each Order as applicable).

(Applicable to CPFF CLINs only)

SECTION C - DESCRIPTION/SPECS./WORK STATEMENT

SECTION C FA8750-12-R-0013

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

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

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

(a) Attachment No. 1, Statement of Work (SOW) entitled, "Air Space Precision Engagement Research and Engineering," dated 09 Nov 2011.

(b) Attachment No. 2 entitled, "Anticipated Contract Data Requirements List (CDRL)," dated 09 Nov 2011.

SECTION D - PACKAGING AND MARKING

SECTION D FA8750-12-R-0013

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

RIK-D001 SPECIFICATION COMMERCIAL PACKAGING (NOV 2011)

(a) Items shall be packaged in accordance with American Society for Testing and Materials (ASTM) Specification D3951-98, Standard Practice for Commercial Packaging. Individual shipments exceeding 150 pounds, 108 inches in length, or 130 inches in girth plus length shall be packaged on skidded crates or palletized to allow handling by forklift.

(b) The exterior container shall be marked (readable from 24 inches): "ASTM D3951 - NOT FOR

OUTSIDE STORAGE."

(Contractor commercial best practice to ensure undamaged arrival at destination is applicable for delivery of software, reports, or other data; otherwise the delivery terms called in para (a) and (b) apply.)

SECTION E - INSPECTION AND ACCEPTANCE

SECTION E FA8750-12-R-0013

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

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.246-07 INSPECTION OF RESEARCH AND DEVELOPMENT -- FIXED-PRICE (AUG 1996)

Applies to Firm-Fixed-Price CLIN(s) only.

52.246-08 INSPECTION OF RESEARCH AND DEVELOPMENT -- COST-REIMBURSEMENT

(MAY 2001)

Applies to Cost-Plus-Fixed-Fee CLIN(s) only.

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

Applies to Firm-Fixed-Price CLIN(s) only.

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:

E007 INSPECTION AND ACCEPTANCE AUTHORITY (APR 1998) (TAILORED)

Inspection and acceptance for all Contract and Exhibit Lines or Subline Items shall be accomplished by the Program Manager, Air Force Research Laboratory, Rome, NY .

SECTION F - DELIVERIES OR PERFORMANCE

SECTION F FA8750-12-R-0013

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)

Applies to Firm-Fixed-Price CLIN(s) only.

52.242-15 STOP-WORK ORDER (AUG 1989) - ALTERNATE I (APR 1984)

Applies to Cost-Plus-Fixed-Fee CLIN(s) only.

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

F005 DELIVERY OF REPORTS (OCT 1998) (TAILORED)

(a) All data shall be delivered in accordance with the delivery schedule shown on the Contract Data Requirements List provided with each order, attachments, or as incorporated by reference (to be specified in each individual order).

(b) All reports and correspondence submitted under this contract shall include the contract number and order number and be forwarded prepaid. A copy of the letters of transmittal shall be delivered to the Procuring Contracting Officer (PCO) and Administrative Contracting Officer (ACO). The addresses are set forth on the contract award cover page. All other address(es) and code(s) for consignee(s) are as set forth in the contract or incorporated by reference.

RIK-F001 INDEFINITE-DELIVERY, INDEFINITE-QUANTITY SCHEDULE INFORMATION (NOV 2011)

The effective ordering period for the total contract will be sixty (60) months from the contract effective date. Period of Performance or "Completion Date" information will be specified on each individual order.

Delivery or "Ship To" information will be specified in each individual order.

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION G FA8750-12-R-0013

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

252.204-0012 PAYMENT INSTRUCTIONS - OTHER (SEP 2009)

(a) This is a multiple funded requirement. Additional ACRNs will be assigned and payment instructions revised when new accounting classification are available.

(b) Pay any invoice submitted through Wide Area Work Flow with the ACRN indicated on the invoice. It is the responsibility of the contractor to identify which ACRN(s) are to be used for payment.

G006 INVOICE AND PAYMENT - COST REIMBURSEMENT (FEB 2006)

Invoices (or public vouchers), supported by a statement of cost for performance under this contract, shall be submitted to the cognizant Defense Contract Audit Agency (DCAA) office. Under the provisions of DFARS 242.803(b), the DCAA auditor, is designated as the authorized representative of the contracting officer (CO) for examining vouchers received directly from the contractor.

Applies to Cost-Plus-Fixed-Fee CLIN(s) only.

RIK-G001 INDEFINITE-DELIVERY, INDEFINITE-QUANTITY ACCOUNTING INFORMATION (NOV

2008)

Accounting information, descriptive data and payment instructions will be specified in each individual order.

RIK-G002 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS - WIDE AREA WORK FLOW

(WAWF) (CPFF CLINS ONLY) (NOV 2011)

(a) Pursuant to DFARS 252.232-7003,"Electronic Submission of Payment Requests and Receiving Reports", the use of electronic submission of payment requests and receiving reports is mandatory. The DoD preferred electronic form for transmission is Wide Area Workflow - Receipt and Acceptance (WAWF). To access and self-register in WAWF, go to https://wawf.eb.mil. WAWF Training may be accessed online at http://www.wawftraining.com. Questions regarding WAWF should be directed to your Administrative Contracting Officer (ACO).

(b) The following information will be required to correctly route your payment requests, receiving reports and additional emails:

(1) Select one of the following Document types:

(i) Use "Cost Voucher" to submit a payment request. DO NOT SUBMIT A FINAL COST VOUCHER AT THE TIME OF DELIVERY OF THE FINAL TECHNICAL REPORT. Reference FAR 52.216-7 for final voucher submission.

(ii) Use "Receiving Report" to submit a receiving report in accordance with DFARS 252.246-7000, Material Inspection and Receiving Report.

(2) Contract Number: (found in Block 2 of SF26 and Block 1 of DD1155)

(3) Delivery Order Number: (found in Block 2 of DD1155)

(4) Issue-by DoDAAC: FA8750

(5) Admin DoDAAC: (insert code from Block 6 of SF26)

(6) DCAA Auditor DoDAAC: (use toolbar on WAWF screen titled "Find DoDAAC in Audit Office Locator" to find the applicable code.)

(7) Service Approver: (insert DCMA DoDAAC)

(8) Inspected By DoDAAC/Ext: N/A

(9) Ship To Code: FA8750

(10) Ship-From Code: N/A

(11) LPO DoDAAC/Ext: N/A

(12) Pay DoDAAC: (insert code from Block 12 of SF 26)

(13) ADDITIONAL E-MAIL NOTIFICATIONS: : Please add the following email addresses of the AFRL Contracting Officer's Technical Representative (COTR) and Technical Division Business Office for processing documents created in WAWF: James.Hepler@rl.af.mil and AFRL.RIEM@rl.af.mil. These are email addresses of persons who need to see or record information.

(c) CONCURRENT WITH OR SUBSEQUENT TO THE DELIVERY OF THE FINAL UPDATED TECHNICAL REPORT the FINAL Receiving Report may be submitted to WAWF.

(d) DO NOT ATTACH TECHNICAL REPORTS TO WAWF DOCUMENTS. However, you may attach financial information supporting your voucher or documents supporting inspection and acceptance.

(e) Payment information may be accessed using the DFAS website at http://www.dod.mil/dfas under MyInvoice. Your contract number or invoice will be required to check status of your payment.

RIK-G003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS - WIDE AREA WORK FLOW

(WAWF) (FFP CLINS ONLY) (DEC 2011)

(a) Pursuant to DFARS 252.232-7003, "Electronic Submission of Payment Requests and Receiving Report", the use of electronic invoicing is mandatory. The DoD preferred electronic form for transmission is Wide Area Workflow - Receipt and Acceptance (WAWF). To access and self-register in WAWF, go to https://wawf.eb.mil. WAWF Training may be accessed online at http://www.wawftraining.com. Questions regarding WAWF should be directed to your Administrative Contracting Officer (ACO).

(b) When creating a Combination (Invoice + Receiving Report) in WAWF, the following information will be required to correctly route your payment request:

WIDE AREA WORK FLOW DoDAAC AND E-MAIL INSTRUCTION TABLE

SELECT THE FOLLOWING Document Type

_______ Invoice as 2-In-1 (Services Only)

___ X__ Combination (Invoice + Receiving Report)

_______ Stand-Alone Invoice

_______ Receiving Report

Contract Number: Block 2 of SF26

Delivery Order: N/A

Issue-by DoDAAC: FA8750

Admin DoDAAC: Code in Block 6 of SF26

DCAA Auditor DoDAAC: N/A

Inspected By DoDAAC/Ext: N/A

Ship To DoDAAC: FA8750

Ship-From Code: N/A

LPO DoDAAC/Ext: N/A

Pay DoDAAC: Code in Block 12 of SF 26

ADDITIONAL E-MAIL NOTIFICATIONS: Please add the following email addresses of the AFRL Contracting Officer's Technical Representative (COTR) and Technical Division Business Office for processing to documents created in WAWF: James.Hepler@rl.af.mil and AFRL.RIEM@rl.af.mil. These are email addresses of persons who need to see or record information.

(c) CONCURRENT WITH OR SUBSEQUENT TO THE DELIVERY OF THE FINAL UPDATED TECHNICAL REPORT, the contractor shall create the combination Invoice and Receiving report in

WAWF.

(d) DO NOT ATTACH TECHNICAL REPORTS TO WAWF DOCUMENTS. However, you may attach financial information supporting your voucher or documents supporting inspection and acceptance.

(e) Payment information may be accessed using the DFAS website at <http://www.dod.mil/dfas> under MyInvoice. Your contract number or invoice will be required to check status of your payment.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION H FA8750-12-R-0013

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

A. DEFENSE FAR SUPP CONTRACT CLAUSES IN FULL TEXT

252.234-7002 EARNED VALUE MANAGEMENT SYSTEM (MAY 2011)

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

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

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

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

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

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

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

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

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

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

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

(1) Contract award;

(2) The exercise of significant contract options; and

(3) The incorporation of major modifications.

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

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

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

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

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

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

(i) Remaining significant deficiencies;

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

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

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

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

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

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

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

(1) For subcontracts valued at $50 million or more, the following subcontractors shall comply with the requirements of this clause: To be specified in each order, if applicable

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

To be specified in each order, if applicable "Applicable to individual cost reimbursement orders $20 million and over. In the process of obtaining EVMS waivers for Order 0001 and Order 0002. Waivers for future orders will be determined on an order by order basis."

B. OTHER CONTRACT CLAUSES IN FULL TEXT

952.222-0001 PROHIBITION AGAINST HUMAN TRAFFICKING, INHUMANE LIVING CONDITIONS,

AND WITHHOLDING OF EMPLOYEE PASSPORTS (AUG 2011)

(Applicable to orders where performance is in Afghanistan)

(a) All contractors ("contractors" refers to both prime contractors and all subcontractors at all tiers) are reminded of the prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person, to prevent or restrict or to attempt to prevent or restrict, without lawful authority, the person's liberty to move or travel, in order to maintain the labor or services of that person.

(b) Contractors are also required to comply with the following provisions:

(1) Contractors shall only hold employee passports and other identification documents discussed above for the shortest period of time reasonable for administrative processing purposes.

(2) Contractors shall provide all employees with a signed copy of their employment contract, in English as well as the employee's native language that defines the terms of their employment/compensation.

(3) Contractors shall not utilize unlicensed recruiting firms or firms that charge illegal recruiting fees.

(4) Contractors shall be required to provide adequate living conditions (sanitation, health, safety, living space) for their employees. Fifty square feet is the minimum acceptable square footage of personal living space per employee. Upon contractor's written request, Contracting Officers may grant a waiver in writing in cases where the existing square footage is within 20% of the minimum, and the overall conditions are determined by the Contracting Officer to be acceptable. A copy of the waiver approval shall be maintained at the respective life support area.

(5) Contractors shall incorporate checks of life support areas to ensure compliance with the requirements of this Trafficking in Persons Prohibition into their Quality Control program, which will be reviewed within the Government's Quality Assurance process.

(6) Contractors shall comply with International and Host Nation laws regarding transit/exit/entry procedures and the requirements for visas and work permits.

(c) Contractors have an affirmative duty to advise the Contracting Officer if they learn of their employees violating the human trafficking and inhumane living conditions provisions contained herein. Contractors are advised that Contracting Officers and/or their representatives will conduct random checks to ensure contractors and subcontractors at all tiers are adhering to the law on human trafficking, humane living conditions and withholding of passports.

(d) The contractor agrees to incorporate the substance of this clause, including this paragraph, in all subcontracts under his contract.

952.223-0001 REPORTING KIDNAPPINGS, SERIOUS INJURIES AND DEATHS (JUL 2010)

(Applicable to orders where performance is in Afghanistan)

Contractors shall notify the Contracting Officer, as soon as practicable, whenever employee kidnappings, serious injuries or deaths occur.

Report the following information:

Contract Number Contract Description & Location Company Name Reporting party:

Name Phone number e-mail address Victim:

Name Gender (Male/Female) Age Nationality Country of permanent residence Incident:

Description Location Date and time Other Pertinent Information

952.225-0003 FITNESS FOR DUTY AND MEDICAL/DENTAL CARE LIMITATIONS (DEC 2011)

(Applicable to orders where performance is in Afghanistan)

(a) The contractor shall perform the requirements of this contract notwithstanding the fitness for duty of deployed employees, the provisions for care offered under this section, and redeployment of individuals determined to be unfit. Contractor personnel who deploy for multiple tours, for more than 12 months total must be re-evaluated for fitness to deploy. An examination will remain valid for 15 months from the date of the physical. The contractor bears the responsibility for ensuring all employees are aware of the conditions and medical treatment available at the performance location. The contractor shall include this information and requirement in all subcontracts with performance in the theater of operations.

(b) The contractor shall not deploy an individual with any of the following conditions unless approved by the appropriate CENTCOM Service Component (i.e. ARCENT, AFCENT, etc.) Surgeon: Conditions which prevent the wear of personal protective equipment, including protective mask, ballistic helmet, body armor, and chemical/biological protective garments; conditions which prohibit required theater immunizations or medications; conditions or current medical treatment or medications that contraindicate or preclude the use of chemical and biological protective's and antidotes; diabetes mellitus, Type I or II, on pharmacological therapy; symptomatic coronary artery disease, or with myocardial infarction within one year prior to deployment, or within six months of coronary artery bypass graft, coronary artery angioplasty, or stenting; morbid obesity (BMI >/= 40%); dysrhythmias or arrhythmias, either symptomatic or requiring medical or electrophysiological control; uncontrolled hypertension, current heart failure, or automatic implantable defibrillator; therapeutic anticoagulation; malignancy, newly diagnosed or under current treatment, or recently diagnosed/treated and requiring frequent subspecialist surveillance, examination, and/or laboratory testing; dental or oral conditions requiring or likely to require urgent dental care within six months' time, active orthodontic care, conditions requiring prosthodontic care, conditions with immediate restorative dentistry needs, conditions with a current requirement for oral-maxillofacial surgery; new onset (< 1 year) seizure disorder, or seizure within one year prior to deployment; history of heat stroke; Meniere's Disease or other vertiginous/motion sickness disorder, unless well controlled on medications available in theater; recurrent syncope, ataxias, new diagnosis (< 1 year) of mood disorder, thought disorder, anxiety, somatoform, or dissociative disorder, or personality disorder with mood or thought manifestations; unrepaired hernia; tracheostomy or aphonia; renalithiasis, current; active tuberculosis; pregnancy; unclosed surgical defect, such as external fixeter placement; requirement for medical devices using AC power; HIV antibody positivity; psychotic and bipolar disorders. (Reference:

Mod 10 to USCENTCOM Individual Protection and Individual/Unit Deployment Policy, Tab A:

Amplification of the Minimal Standards of Fitness for Deployment to the CENTCOM AOR).

(c) In accordance with military directives (DoDI 3020.41, DoDI 6000.11, CFC FRAGO 09-1038, DoD Federal Acquisition Regulation Supplement (DFARS) PGI 225.74), resuscitative care, stabilization, hospitalization at Level III (emergency) military treatment facilities and assistance with patient movement in emergencies where loss of life, limb or eyesight could occur will be provided. Hospitalization will be limited to emergency stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system. Subject to availability at the time of need, a medical treatment facility may provide reimbursable treatment for emergency medical or dental care such as broken bones, lacerations, broken teeth or lost fillings.

(d) Routine and primary medical care is not authorized. Pharmaceutical services are not authorized for routine or known, routine prescription drug needs of the individual. Routine dental care, examinations and cleanings are not authorized.

(e) Notwithstanding any other provision of the contract, the contractor shall be liable for any and all medically-related services or transportation rendered. To view reimbursement rates that will be charged for services at all DoD deployed medical facilities please got to the following website:

<http://comptroller.defense.gov/rates/fy2012.html> (change fiscal year as applicable).

952.225-0004 COMPLIANCE WITH LAWS AND REGULATIONS (DEC 2011)

(Applicable to orders where performance is in Afghanistan)

(a) The Contractor shall comply with, and shall ensure that its employees and its subcontractors and their employees, at all tiers, are aware of and obey all U.S. and Host Nation laws, Federal or DoD regulations, and US Central Command orders and directives as applicable to personnel in Iraq and Afghanistan, including but not limited to USCENTCOM, Multi-National Force and Multi-National Corps or Chief of Mission operations and fragmentary orders, instructions, policies and directives.

(b) Contractor employees shall particularly note all laws, regulations, policies, and orders restricting authority to carry firearms, rules for the use of force, and prohibiting sexual or aggravated assault.

(1) Afghanistan - Contractor employees are subject to General Orders Number 1, as modified from time to time, including without limitation, their prohibition on privately owned firearms, alcohol, drugs, war souvenirs, pornography and photographing detainees, human casualties or military security measures.

(2) Iraq - Contractor employees are not subject to General Order 1. Contractor employees will follow the policies or directives of the Office of Security Cooperation-Iraq (OSC-I) Installation Managers or Chief of Mission policies and directives regarding consumption of alcohol or any prohibited items for sites that they are assigned.

(c) Contractor employees may be ordered removed from the US Embassy, Chief of Mission sites, OSC-I sites, secure military installations or the theater of operations by order of the Chief of Mission (Iraq) or senior military commander of the battle space (Afghanistan) for acts that disrupt good order and discipline or violate applicable laws, regulations, orders, instructions, policies, or directives. Contractors shall immediately comply with any such order to remove its contractor employee.

(d) Contractor employees performing in Iraq or the USCENTCOM Area of Responsibility (AOR) may be subject to the jurisdiction of overlapping criminal codes, including, but not limited to, the Military Extraterritorial Jurisdiction Act (18 U.S.C. Sec. 3261, et al) (MEJA), the Uniform Code of Military Justice (10 U.S.C. Sec. 801, et al)(UCMJ), and the laws of the Host Nation. Non-US citizens may also be subject to the laws of their home country while performing in Iraq or the USCENTCOM AOR. Contractor employee status in these overlapping criminal jurisdictions may be modified from time to time by the United States, the Host Nation, or by applicable status of forces agreements.

(e) Under MEJA, a person who engages in felony misconduct outside the United States while employed by or accompanying the Armed Forces is subject to arrest, removal and prosecution in United States federal courts. Under the UCMJ, a person serving with or accompanying the Armed Forces in the field during a declared war or contingency operation may be disciplined for a criminal offense, including by referral of charges to a General Court Martial. Contractor employees may be ordered into confinement or placed under conditions that restrict movement in Iraq or within the AOR or administratively attached to a military command pending resolution of a criminal investigation.

(f) Contractors shall immediately notify the BDOC (Iraq) or military law enforcement (Afghanistan) and the Contracting Officer if they suspect an employee has committed an offense. Contractors shall take any and all reasonable and necessary measures to secure the presence of an employee suspected of a serious felony offense. Contractors shall not knowingly facilitate the departure of an employee suspected of a serious felony offense or violating the Rules for the Use of Force to depart Iraq or Afghanistan without approval from the Chief of Mission (Iraq) or the senior U.S. commander (Afghanistan).

952.225-0005 MONTHLY CONTRACTOR CENSUS REPORTING (DEC 2011)

(Applicable to orders where performance is in Afghanistan)

Contractor shall provide monthly employee census information to the Contracting Officer, by province, for this contract. Information shall be submitted either electronically or by hard-copy. Information shall be current as of the 25th day of each month and received by the Contracting Officer no later than the first day of the following month. The following information shall be provided for each province in which work was performed:

(1) The total number (prime and subcontractors at all tiers) employees.

(2) The total number (prime and subcontractors at all tiers) of U.S. citizens.

(3) The total number (prime and subcontractors at all tiers) of local nationals (LN).

(4) The total number (prime and subcontractors at all tiers) of third-country nationals (TCN).

(5) Name of province in which the work was performed.

(6) The names of all company employees who enter and update employee data in the Synchronized Pre-deployment & Operational Tracker (SPOT) IAW DFARS 252.225-7040 or DFARS DOD class deviation 2011-O0004.

952.225-0009 MEDICAL SCREENING AND VACCINATION REQUIREMENTS FOR CONTRACTOR

EMPLOYEES OPERATING IN THE CENTCOM AREA OF RESPONSIBILITY (AOR) (AUG 2011)

(Applicable to orders where performance is in Afghanistan)

(a) Contractors and subcontractors at any tier shall ensure and provide satisfactory evidence that all locally hired employees, including Local National (LN), Third Country National (TCN), and U.S.

employees, working on bases have been screened for and do not currently have active tuberculosis (TB).

(1) Contractors may initially utilize a testing method of either a chest x-ray or TB skin test (TST), depending on the originating country of a contracted employee.

(i) Chest x-rays (CXR's), symptom survey, and Body Mass Index (BMI) shall be taken, and TSTs administered within 12 months prior to the start of deployment/employment. Contractors are required to bring in a physical copy of the pre-employment CXR film as it is the only way to verify interval changes should an active case of TB occur.

(A) Third Country Nationals (TCNs) and Local Nationals (LNs) cannot be screened with the TST.

They need the pre-employment screening with a quality CXR, BMI and symptom survey.

(B) Small-Risk Nationals (SRNs), those with less than 25 TB cases per 100,000 persons annually (mostly expats from Europe and US), can be screened via the TST.

(ii) Annual re-screening for TCNs, and LNs will be performed with a CXR conducted by the Contractor's medical provider or local economy provider who will look for interval changes from prior CXR's and review any changes in the symptom survey.

(iii) SRN's do not require annual TB re-screening. However, for a TB contact investigation, a TST or Interferon Gamma Release Assay (IGRA) is required.

(iv) For a contact investigation, all personnel with a positive TST or IGRA will be evaluated for potential active TB with a symptom screen, exposure history, BMI, and CXR. All cases of suspected or confirmed active TB must be reported to the theater Preventive Medicine (PM) physician and/or TB Consultant as soon as possible. TB reporting is required within 24 hours to the PM POC. Contact tracing, and medical coding have specific requirements. All Small-Risk National (SRN) contract personnel are required to be MEDEVAC'd out of theater, at the contractor's expense, for treatment of active TB, after consultation with the Theater PM or TB Consultant. For SRN personnel, the contractor is responsible for management and compliance with all prescribed public health actions.

(v) Screening may be performed either by a licensed medical provider from the local economy or by the contractors' licensed medical staffs. Contractors shall maintain medical screening documentation and make it available to the Contracting Officer upon request.

(2) TB screening and documentation is a requirement prior to receiving badges to work in the CENTCOM Area of Operations. A copy of the TB screening documentation shall be provided to the responsible Base Operations Center prior to issuance of base access badges.

(b) Contractor employees, including subcontractors at any tier, who work in food service positions and/or water and ice production facilities, shall have current Typhoid and Hepatitis "A" (full series) immunizations in accordance with the Centers for Disease Control and Prevention guidelines (e.g. typhoid vaccination booster is required every 2 years), in addition to the required TB tests. The contractor medical provider must complete a pre-placement examination to include a stool sample test for ova and parasites, and annual medical screening form or equivalent for food service, ice and water production workers.

(c) Proof of individual employee vaccinations shall be provided to the Contracting Officer and COR showing that their employees and their subcontractor employees at any tier have received the above vaccinations. The contractor shall maintain their employees' vaccination records for examination by the Contracting Officer. The contractor shall ensure that their subcontractors at any tier maintain their respective employees' vaccination records for examination by the Contracting Officer.

(d) The contractor is responsible for management and compliance with all prescribed public health actions regarding TB in the contracted personnel. The contractor also bears the responsibility of ensuring that adequate health management for TB (screening/diagnosis/treatment/isolation) is available at the contractor's chosen health care provider for their contracted and subcontracted personnel.

NOTE: Contractors are reminded of the requirement to comply with their contract and all regulatory guidance (DoD Instructions/Regulations, Federal Acquisition Regulation as Supplemented, and FRAGO's) as applicable regarding Medical Screening and Vaccination Requirements.

952.225-0011 GOVERNMENT FURNISHED CONTRACTOR SUPPORT (DEC 2011)

(Applicable to orders where performance is in Afghanistan)

The following is a summary of the type of support the Government will provide the contractor, on an "as-available" basis. In the event of any discrepancy between this summary and the description of services in the Statement of Work, this clause will take precedence.

* CAAF means Contractors Authorized to Accompany Forces.

** Mail to Iraq limited to 2lbs *** Applies to Iraq only

U.S. Citizens Accompanying the Force _X_ APO/FPO/MPO/Postal Services** _X_ DFACs _X_ Mil Issue Equip __ Authorized Weapon _X_ Excess Baggage

_X_ MILAIR

_X_ Billeting _X_ Fuel Authorized

_X_ MWR

_X_ CAAF*

_X_ Govt Furnished Meals _X_ Resuscitative Care _X_ Controlled Access Card (CAC)/ID Card _X_ Military Banking _X_ Transportation _X_ Badge __ Military Clothing __ Commissary _X_ Military Exchange __ Dependents Authorized __ Embassay Air *** __ Embassy Clinic __ All __ None

Third-Country National (TCN) Employees

__ APO/FPO/MPO/Postal Services** __ DFACs __ Mil Issue Equip __ Authorized Weapon __ Excess Baggage

__ MILAIR

__ Billeting __ Fuel Authorized

__ MWR

__ CAAF*

__ Govt Furnished Meals __ Resuscitative Care __ Controlled Access Card (CAC)/ID Card __ Military Banking __ Transportation __ Badge

__ Military Clothing __ Commissary __ Military Exchange __ Dependents Authorized __ Embassay Air *** __ Embassy Clinic __ All _X_ None

Local National (LN) Employees

__ APO/FPO/MPO/Postal Services** __ DFACs __ Mil Issue Equip __ Authorized Weapon __ Excess Baggage

__ MILAIR

__ Billeting __ Fuel Authorized

__ MWR

__ CAAF*

__ Govt Furnished Meals __ Resuscitative Care __ Controlled Access Card (CAC)/ID Card __ Military Banking __ Transportation __ Badge __ Military Clothing __ Commissary __ Military Exchange __ Dependents Authorized __ Embassay Air *** __ Embassy Clinic __ All _X_ None

952.225-0013 CONTRACTOR HEALTH AND SAFETY (AUG 2011)

(Applicable to orders where performance is in Afghanistan)

(a) Contractors shall comply with all National Electrical Code (NEC 2008), Specifications as outlined, and MIL Standards and Regulations. All infrastructure to include, but not limited to, living quarters, showers, and restrooms shall be installed and maintained in compliance with these standards and must be properly supported and staffed to ensure perpetual Code compliance, prevent hazards and to quickly correct any hazards to maximize safety of those who use or work at the infrastructure. The government has the authority to enter and inspect contractor employee living quarters at any time to ensure the prime contractor is complying with safety compliance standards outlined in the 2008 National Electric Code

(NEC).

(b) The contractor shall correct all deficiencies within a reasonable amount of time of contractor becoming aware of the deficiency either by notice from the government or a third party, or discovery by the contractor. Further guidance on mandatory compliance with NFPA 70: NEC 2008 can be found on the following link <http://www.nfpa.org>.

952.225-0016 CONTRACTOR DEMOBILIZATION (AFGHANISTAN) (AUG 2011)

(Applicable to orders where performance is in Afghanistan)

(a) Full demobilization of contractors and subcontractor(s) in the Afghanistan Combined Joint Operations Area (CJOA) is critical to responsible drawdown. The prime contractor is required to submit a demobilization plan to the Contracting Officer a minimum of 120 days prior to the end of the contract performance period or when requested by the Contracting Officer. The demobilization plan shall address, as a minimum, the following procedures detailed below. The procedures outline specific guidance to ensure a timely and responsible exit from theater. Prime contractors are responsible and accountable to ensure their subcontractor(s) at all tiers comply with responsible and timely exit from theater immediately following contract performance completion or termination.

(1) Exit from Afghanistan: The prime contractor is responsible to remain cognizant of Afghan laws regarding exit from Afghanistan. Currently, all foreigners traveling out of Afghanistan airports via commercial air transportation must have exit visas. Department of Defense, U.S. Forces-Afghanistan, Letters of Authorization (LOAs), and/or Embassy Badges are not accepted means of exiting Afghanistan.

All U.S. citizens and foreign national contractors exiting via commercial means must obtain an Afghanistan exit sticker before departing the country. The exit sticker may be obtained from Ministry of Interior (MOI) office. It is the prime contractor's responsibility to ensure that the most recent exit procedures are followed and to ensure that subcontractor(s) at all tiers are in compliance with exit procedures. It is to the responsibility of the contractor to work with the Embassy of Afghanistan or Afghanistan MOI as required.

(2) Letter of Authorization (LOA): The prime contractor is responsible for demobilizing its workforce, including subcontractor employees at all tiers, and all contractor owned and subcontractor owned equipment out of theater as part of the prime contractor's exit strategy. This exit strategy must include reasonable timeframes starting with the end of the contract performance period and not exceeding 30 days. The Contracting Officer has the authority to extend selected LOAs up to, but not exceeding 30 calendar days after the contract completion date to allow the prime contractor to complete demobilization of its workforce and contractor owned equipment, as well as subcontractor(s) workforce and owned equipment, out of the Afghanistan CJOA. The prime contractor shall notify the Contracting Officer a minimum of 30 days prior to the end of the contract period to request up to a 30-day extension of selected LOAs beyond the contract completion date to complete demobilization. The request shall include at a minimum:

(i) the name of each individual requiring a new LOA;

(ii) the number of days for the LOA (no more than 30 calendar days); and

(iii) justification for the request (e.g., what function the individual(s) will be performing during the demobilization period).

The Contracting Officer may request additional information for an LOA extension. Any LOA extension granted beyond the contract completion date shall not exceed 30 days and the…