Draft RFP.pdf

DRAFT

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 350)

RATING

DO-C9

PAGE OF PAGES

1 22

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

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED

15 APR 2010

6. REQUISITION/PURCHASE NO.

FA9201-10-R-0001

7. ISSUED BY AAC/PKES CODE FA9201 8. ADDRESS OFFER TO (If other than Item 7)

DEPARTMENT OF THE AIR FORCE

AAC/PKES

205 WEST D. AVE STE 467

EGLIN AFB, FL 32542-6864

ROBIN L. GIBSON 850-882-0170

ROBIN.GIBSON@EGLIN.AF.MIL

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

SOLICITATION

9.

10. FOR

INFORMATION

CALL:

A. NAME

See Block 7

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 14

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

C DESCRIPTION/SPECS./WORK STATEMENT 6 J LIST OF ATTACHMENTS 22

D PACKAGING AND MARKING 7 PART IV - REPRESENTATIONS AND INSTRUCTIONS

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

F DELIVERIES OR PERFORMANCE 9 AND OTHER STATEMENTS OF OFFERORS

G CONTRACT ADMINISTRATION DATA 11 L INSTRS, CONDS, AND NOTICES TO OFFERORS L - 1

H SPECIAL CONTRACT REQUIREMENTS 12 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 6.12.0 FAR (48 CFR) 53.21(c) Created 15 Apr 2010 1:36 PM

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION B FA9201-10-R-0001

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

HARDWARE DELIVERABLE

0001 1 __________ Lot __________ Noun: HARDWARE DELIVERABLE

ACRN: U

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

FOB: DESTINATION

Descriptive Data:

Contractor shall provide all labor and material necessary to deliver hardware in accordance with (IAW) Section C and individual delivery orders (travel is already priced in CLIN 0004). Pricing and delivery will be established for individual delivery orders in accordance with Section J Attachment entitled Delivery Order Proposal Procedures. This is a Firm Fixed Price (FFP) line item. See Section G for payment instructions.

SOFTWARE DELIVERABLE

0002 1 __________ Lot __________ Noun: SOFTWARE DELIVERABLE

ACRN: U

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

FOB: DESTINATION

Descriptive Data:

Contractor shall provide all labor and material necessary to deliver software in accordance with (IAW) Section C and individual delivery orders (travel is already priced in CLIN 0004). Pricing and delivery will be established for individual delivery orders in

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

DESIGN

0003 1 __________ Lot __________ Noun: DESIGN

ACRN: U

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

FOB: DESTINATION

Descriptive Data:

Contractor shall provide all labor and material necessary to support design efforts in accordance with (IAW) Section C and individual delivery orders (travel is already priced in CLIN 0004). Pricing and delivery will be established for individual delivery orders in

TRAVEL

0004 1 __________ Lot __________ Noun: TRAVEL

ACRN: U

NSN: N - Not Applicable Contract type: S - COST Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

Contractor shall provide all travel in accordance with (IAW) Section C and individual delivery orders. This is a cost-reimbursable (CR) line item. See Section H-047 entitled Travel. No fee will be paid in support of this CLIN.

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

DATA

0005 1 __________ Lot __________ Noun: DATA

ACRN: U

NSN: N - Not Applicable DD1423 is Exhibit: A Contract type: J - FIRM FIXED PRICE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

Contractor shall provide data in accordance with (IAW) Section J Exhibits A and B, "Contractor Data Requirements List" (CDRLs), when the requirement is set forth in individual delivery orders. Actual data requirements will be established for each delivery order as necessary. This line item is not separately priced (NSP). See Section G for payment instructions.

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

AIR FORCE MATERIEL COMMAND FEDERAL ACQUISITION REGULATION SUPPLEMENT

CONTRACT CLAUSES

5352.232-9001 IMPLEMENTATION OF LIMITATION OF FUNDS (AFMC) (OCT 2008)

Para (a), CLINs: '0004' Para (a), Time Period ("through" date) : 'TBD' Para (a), Sum allotted to this contract and available for payment of costs is 'TBD' Para (b), Additional amount obligated is 'TBD' Para (b), CLINS: 'TBD'

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

OTHER CONTRACT CLAUSES IN FULL TEXT

B039 INDEFINITE QUANTITY (DEC 2005)

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 of the attached Statement of Work (SOW). The maximum dollar amount the Government may order under this contract is $45,000,000.00;

the minimum amount is $10,000.00.

B050 ALLOWABLE COST AND PAYMENT (COST NO FEE) (DEC 2005)

Contractor shall be reimbursed for performance of this contract in accordance with the contract clauses and the following additional terms:

The total estimated cost of performance is TBD____

Applicable to following Line Items: 0004

B054 IMPLEMENTATION OF LIMITATION OF FUNDS (DEC 2005)

Pursuant to the clause FAR 52.232-22 in Section I, entitled, "Limitation of Funds", the total amount available for payment and allotted to this contract for CLINS 0004 through TBD is TBD. It is estimated that this amount is sufficient to cover performance through TBD.

SECTION C - DESCRIPTION/SPECS./WORK STATEMENT

SECTION C FA9201-10-R-0001

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

C001 WORK DESCRIPTION/SPECIFICATION (MAY 1997)

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

CONTRACT LINE ITEM NUMBERS (CLINs) DESCRIPTION/SPECIFICATIONS ALL CLINS Draft Statement of Work, Command, Control, Communications, Computers and Information and Munitions Test Improvement (CIMTIC III)

C003 INCORPORATED DOCUMENTS/REQUIREMENTS (AUG 2006) (TAILORED)

(a) The following documents are a part of this contract:

(1) Statement of Work entitled Statement of Work, COMMAND, CONTROL, COMMUNICATIONS, COMPUTERS, AND INFORMATION (C4I) AND MUNITIONS TEST

IMPROVEMENT CONTRACT III (CIMTIC III) (SOW title) dated TBD.

(2) DD Form 1423, Contract Data Requirements Lists apply, see Exhibits A and B, dated

19 JAN 2010.

SECTION D - PACKAGING AND MARKING

SECTION D FA9201-10-R-0001

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

D001 PRESERVATION, PACKAGING, PACKING AND MARKING REQUIREMENTS (FEB 1997)

Preservation, packaging, packing and marking shall be set forth in the individual order.

SECTION E - INSPECTION AND ACCEPTANCE

SECTION E FA9201-10-R-0001

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

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

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

52.246-03 INSPECTION OF SUPPLIES -- COST-REIMBURSEMENT (MAY 2001)

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

(MAY 2001)

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

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

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

E005 INSPECTION AND ACCEPTANCE (MAR 1998) (TAILORED)

a. Line Item 0001 - The hardware shall be delivered F.O.B. Destination on a DD Form 250, Material Inspection and Receiving Report. Inspection and acceptance shall be performed at the destination.

b. Line Item 0002 - The software shall be delivered F.O.B. Destination to the office(s) specified in Block 14 of Exhibit A, DD Form 1423, and inspected and accepted at destination.

c. Line Item 0003 - The design shall be delivered F.O.B. Destination to the office(s) specified in Block 14 of Exhibit B, DD Form 1423, and inspected and accepted at destination.

d. The Contractor shall prepare and submit a final DD Form 250, Material Inspection and Receiving Report, on a one-time basis, collectively accounting for all completed items called for under Exhibits A and B, which called for submission of data or software with a letter of transmittal. The DD Form 250 shall be submitted with the last item required to be delivered.

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

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

(b) Technical reports are not to be submitted as attachments in WAWF-RA. See F005 for delivery instructions and addresses for these reports.

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

(d) PROCESSING STATUS. Any inquiry as to the processing status of a payment request or receiving report should be made to the following office: TBD.

SECTION F - DELIVERIES OR PERFORMANCE

SECTION F FA9201-10-R-0001

SHIP MARK TRANS

ITEM SUPPLIES SCHEDULE DATA QTY TO FOR PRI DATE

0001 1 U ASREQ

Noun: HARDWARE DELIVERABLE

ACRN: U

0002 1 U ASREQ

Noun: SOFTWARE DELIVERABLE

0003 1 U ASREQ

Noun: DESIGN

0004 1 U ASREQ

Noun: TRAVEL

0005 1 U ASREQ

Noun: DATA

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

FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

52.242-15 STOP-WORK ORDER (AUG 1989)

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

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

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

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

F002 PERIOD OF PERFORMANCE (FEB 1997) (TAILORED)

Period of performance under this contract shall be a five-year ordering period.

SECTION F - DELIVERIES OR PERFORMANCE

SECTION F FA9201-10-R-0001

F003 CONTRACT DELIVERIES (FEB 1997)

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

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

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

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

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

F005 DELIVERY OF REPORTS (OCT 1998)

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

(b) All reports and correspondence submitted under this contract shall include the contract number and project number, if applicable, 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.

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION G FA9201-10-R-0001

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

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

A. AIR FORCE MATERIEL COMMAND FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT

CLAUSES IN FULL TEXT

5352.237-9002 CONTRACT HOLIDAYS (AFMC) (NOV 2007) (TAILORED)

(a) The prices/costs in Section B of the contract include holiday observances; accordingly, the Government will not be billed for such holidays, except when services are required by the Government and are actually performed on a holiday.

(b) The following days are contract holidays New Year's Day Martin Luther King's Day President's Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

B. OTHER CONTRACT CLAUSES IN FULL TEXT

G001 ACCOUNTING AND APPROPRIATION DATA (FEB 1997)

Accounting and appropriation data will be set forth on individual orders issued hereunder.

G002 PROGRAM MANAGER (MAY 1997)

Program Manager: Mr. David Budenstein, 850-883-7675

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.

G017 IMPLEMENTATION OF PATENT RIGHTS CLAUSE (IDIQ) (DEC 2007)

All documents and information required by the patent rights and/or patent reporting clauses set forth in Section I of this contract shall be submitted FOR EACH ORDER to the Administrative Contracting Officer and to AAC/JAQ, 501 West Van Matre Ave, Suite 1, Eglin AFB, FL 32542. The AAC/JAQ patent administrator can be reached at 850-882-5335. This notice also constitutes a request (see FAR 52.227- 11 or DFARS 252.227-7039(c), as applicable) for submission of a copy of the patent application, when filed, along with the patent application serial number, filing date, subsequent U.S. patent number and issue date, as received.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION H FA9201-10-R-0001

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

H025 INCORPORATION OF SECTION K (OCT 1998)

Section K of the solicitation is hereby incorporated by reference.

H029 IMPLEMENTATION OF DISCLOSURE OF INFORMATION (OCT 1997)

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

(a) One copy(ies) to: Office of Public Affairs, AAC/PA, 101 W.D. Avenue, Suite 110, Eglin AFB

FL 32542-5498

(b) One copy(ies) to: Contracting Officer, AAC/PKES, 205 West D. Ave, Suite 425, Eglin AFB, FL 32542-6864

(c) One copy(ies) to: Program Manager, 308 West D. Ave Bldg. 260, Eglin AFB, FL 32542.

H047 TRAVEL (FEB 2003)

(a) The Contractor may be required to travel within the contiguous United States and overseas.

The Contractor may be required to travel by Government-provided transportation. Travel requirements will be reimbursed by separate voucher and must be approved in advance by the Contracting Officer.

Travel requirements will be identified, proposed, and negotiated in individual task orders on a cost-reimbursement basis. Billable travel costs are air fare, ground transportation, and per diem costs, not labor hours. The Contractor shall be responsible for obtaining any passports or visas and making travel arrangements to and from any CONUS location.

(1) Per diem, air fare, and all other allowable travel costs shall be reimbursed in accordance with the Federal Acquisition Regulation. All travel within overseas areas shall be approved in advance by the Contracting Officer.

(2) The Government may provide travel to and from overseas work sites via Air Mobility Command (AMC) flights, if available. AMC travel fees may be Contractor-paid and invoiced to the Government. The Government will be responsible for obtaining travel clearances and issuance of any required special orders.

(b) Use of AMC transportation shall be approved in advance by the Contracting Officer or designee. Orders authorizing AMC travel will specify the Contractor's Customer Identification Code (CIC). If the Contractor does not have CIC number, the orders will state "special account handling: billing for AMC transportation will be forwarded to TBD." Use of AMC transportation is subject to availability.

(c) The travel CLIN is intended to pay for travel occurring at the direction of the Government, performed in conjunction with a specific trip authorized in a task order. Travel by clerical support personnel shall be approved in advance by the Contracting Officer.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION H FA9201-10-R-0001

H063 CONTRACTOR IDENTIFICATION (FEB 2003)

(a) Contractor personnel and their subcontractors must identify themselves as Contractors or subcontractors during meetings, telephone conversations, in electronic messages, or correspondence related to this contract.

(b) Contractor-occupied facilities (on AFMC or other Government installations) such as offices, separate rooms, or cubicles must be clearly identified with Contractor supplied signs, name plates or other identification, showing that these are work areas for Contractor or subcontractor personnel.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

SECTION I FA9201-10-R-0001

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

Database_Version: 6.12.x.200; Issued: 3/12/2010; FAR: FAC 2005-38; DFAR: DCN20100305; DL.: DL 98- 021; Class Deviations: CD 2010-O0004; AFFAR: 2002 Edition; AFMCFAR: AFMCAC 07-09;

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

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

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.202-01 DEFINITIONS (JUL 2004)

52.203-03 GRATUITIES (APR 1984)

52.203-05 COVENANT AGAINST CONTINGENT FEES (APR 1984)

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

52.203-07 ANTI-KICKBACK PROCEDURES (JUL 1995)

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

IMPROPER ACTIVITY (JAN 1997)

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

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(SEP 2007)

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

52.204-02 SECURITY REQUIREMENTS (AUG 1996)

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

52.204-07 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

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

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

(SEP 2006)

52.211-05 MATERIAL REQUIREMENTS (AUG 2000)

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

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

52.215-14 INTEGRITY OF UNIT PRICES (OCT 1997)

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

52.216-07 ALLOWABLE COST AND PAYMENT (DEC 2002)

52.216-11 COST CONTRACT -- NO FEE (APR 1984)

52.216-18 ORDERING (OCT 1995)

Para (a), Issued from date is 'contract award' Para (a), Issued through date is 'the five year ordering period'

52.216-19 ORDER LIMITATIONS (OCT 1995)

Para (a). Insert Dollar amount or quantity. '$10,000.00' Para (b)(1). Insert dollar amount or quantity '$45,000,000.00' Para (b)(2). Insert dollar amount or quantity. '$45,000,000.00' Para (b)(3). Insert number of days. '60' Para (d). Insert number of days. '15'

52.216-22 INDEFINITE QUANTITY (OCT 1995)

Para (d), Date is 'the five year ordering period'

52.219-04 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (JUL 2005)

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

52.219-09 SMALL BUSINESS SUBCONTRACTING PLAN (APR 2008) - ALTERNATE II (OCT

2001)

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

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

52.222-02 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)

Para (a), Dollar amount is 'Zero'

52.222-03 CONVICT LABOR (JUN 2003)

52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES (AUG 2009)

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

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

52.222-26 EQUAL OPPORTUNITY (MAR 2007)

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

VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006)

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

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

VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006)

52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009)

52.223-06 DRUG-FREE WORKPLACE (MAY 2001)

52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)

52.223-14 TOXIC CHEMICAL RELEASE REPORTING (AUG 2003)

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

52.227-01 AUTHORIZATION AND CONSENT (DEC 2007) - ALTERNATE I (APR 1984)

52.227-02 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT (DEC 2007)

52.228-07 INSURANCE -- LIABILITY TO THIRD PERSONS (MAR 1996)

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

52.230-02 COST ACCOUNTING STANDARDS (OCT 2008)

52.230-06 ADMINISTRATION OF COST ACCOUNTING STANDARDS (MAR 2008)

52.232-01 PAYMENTS (APR 1984)

52.232-02 PAYMENTS UNDER FIXED-PRICE RESEARCH AND DEVELOPMENT CONTRACTS

(APR 1984)

52.232-08 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-11 EXTRAS (APR 1984)

52.232-17 INTEREST (OCT 2008)

52.232-22 LIMITATION OF FUNDS (APR 1984)

52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

52.232-25 PROMPT PAYMENT (OCT 2008)

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

REGISTRATION (OCT 2003)

52.233-01 DISPUTES (JUL 2002)

52.233-03 PROTEST AFTER AWARD (AUG 1996)

52.233-03 PROTEST AFTER AWARD (AUG 1996) - ALTERNATE I (JUN 1985)

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

52.242-01 NOTICE OF INTENT TO DISALLOW COSTS (APR 1984)

52.242-03 PENALTIES FOR UNALLOWABLE COSTS (MAY 2001)

52.242-04 CERTIFICATION OF FINAL INDIRECT COSTS (JAN 1997)

52.242-13 BANKRUPTCY (JUL 1995)

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

52.243-01 CHANGES -- FIXED-PRICE (AUG 1987) - ALTERNATE V (APR 1984)

52.243-02 CHANGES -- COST-REIMBURSEMENT (AUG 1987) - ALTERNATE V (APR 1984)

52.243-07 NOTIFICATION OF CHANGES (APR 1984)

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

52.244-02 SUBCONTRACTS (JUN 2007)

Para (d), approval required on subcontracts: 'TBD' Para (j), Insert subcontracts evaluated during negotiations. 'TBD'

52.244-05 COMPETITION IN SUBCONTRACTING (DEC 1996)

52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 2009)

52.245-01 GOVERNMENT PROPERTY (JUN 2007)

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

52.245-09 USE AND CHARGES (JUN 2007)

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

52.247-67 SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT (FEB 2006)

Para (c). Insert address. '308 West D. Ave Bldg 260 Eglin AFB, FL 32542'

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

2004)

52.249-06 TERMINATION (COST-REIMBURSEMENT) (MAY 2004)

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

52.249-09 DEFAULT (FIXED-PRICE RESEARCH AND DEVELOPMENT) (APR 1984)

52.249-14 EXCUSABLE DELAYS (APR 1984)

52.253-01 COMPUTER GENERATED FORMS (JAN 1991)

B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(JAN 2009)

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

CONTRACT-RELATED FELONIES (DEC 2008)

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

2009)

252.204-7000 DISCLOSURE OF INFORMATION (DEC 1991)

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

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

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

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

1991)

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

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

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

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

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

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

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

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

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

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

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

2007)

252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.235-7010 ACKNOWLEDGMENT OF SUPPORT AND DISCLAIMER (MAY 1995)

Para (a), name of contracting agency(ies): 'United States Air Force' Para (a), contract number(s): 'FA9201-10-R-0001' Para (b), name of contracting agency(ies): 'United States Air Force'

252.235-7011 FINAL SCIENTIFIC OR TECHNICAL REPORT (NOV 2004)

252.242-7004 MATERIAL MANAGEMENT AND ACCOUNTING SYSTEM (JUL 2009)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS

(DOD CONTRACTS) (AUG 2009)

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

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

C. AIR FORCE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

5352.201-9101 OMBUDSMAN (AUG 2005)

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

'Col. Charles S. Greenwald, AAC/CS, 101 West D. Ave. Ste 116, Eglin AFB, FL 32542- 5495, (850) 882-5422'

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

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

5352.223-9003 ENHANCED SECURITY OF PRODUCTS (MAY 2003)

Line item number(s). 'All CLINs' Identify where security requirements are specified; i.e., SOW, 'Statement of Work and the DD254'

D. AIR FORCE MATERIEL COMMAND FEDERAL ACQUISITION REGULATION SUPPLEMENT

CONTRACT CLAUSES

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

5352.216-9004 AUTHORITY TO ISSUE ORDERS (AFMC) (OCT 2008)

Procuring Contracting Officers authorized: 'All' Agency: 'AAC/PK'

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

Subcontracting plan contained in 'FA9201-10-R-0001' Date is 'TBD'

5352.228-9001 INSURANCE CLAUSE IMPLEMENTATION (AFMC) (OCT 2008)

5352.245-9004 BASE SUPPORT (AFMC) (JUL 1997)

Para (e), List Installations 'Eglin AFB, Florida' Para (f), List Support Items 'TBD per individual delivery order'

5352.245-9004 BASE SUPPORT (AFMC) (JUL 1997) - ALTERNATE I (JUL 1997)

Para (e), List Installations 'Eglin AFB, Florida' Para (f), List Support Items 'TBD per individual delivery order'

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

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES IN FULL TEXT

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

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

52.252-02 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/

52.252-06 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

B. DEFENSE FAR SUPP CONTRACT CLAUSES IN FULL TEXT

252.222-7999 ADDITIONAL REQUIREMENTS AND RESPONSIBILITIES RESTRICTING THE USE OF

MANDATORY ARBITRATION AGREEMENTS (DEVIATION) (FEB 2010)

(a) Definitions.

"Covered subcontract," as used in this clause, means any subcontract, except a subcontract for the acquisition of commercial items or commercially available off-the-shelf items, that is in excess of $1 million and uses Fiscal Year 2010 funds.

(b) The Contractor--

(1) Agrees not to--

(i) Enter into any agreement with any of its employees or independent contractors that requires, as a condition of employment, that the employee or independent contractor agree to resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or

(ii) Take any action to enforce any provision of an existing agreement with an employee or independent contractor that mandates that the employee or independent contractor resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; and

(2) Certifies, by signature of the contract, for contracts awarded after June 17, 2010, that it requires each covered subcontractor to agree not to enter into, and not to take any action to enforce any provision of any agreements, as described in paragraph (b)(1) of this clause, with respect to any employee or independent contractor performing work related to such subcontract.

(c) The prohibitions of this clause do not apply with respect to a Contractor's or subcontractor's agreements with employees or independent contractors that may not be enforced in a court of the United States.

(d) The Secretary of Defense may waive the applicability of the restrictions of paragraph (b) to the Contractor or a particular subcontractor for the purposes of the contract or a particular subcontract if the Secretary or the Deputy Secretary personally determines that the waiver is necessary to avoid harm to national security interests of the United States, and that the term of the contract or subcontract is not longer than necessary to avoid such harm. This determination will be made public not less than 15 business days before the contract or subcontract addressed in the determination may be awarded.

252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION (MAY 2006)

(a) Contract line item(s) 0001 through 0003 are incrementally funded. For these item (s), the sum of TBD by individual delivery order of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.

(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state

(1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes."

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) or (e) of this clause.

(h) Nothing in this clause affects the rights of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract TBD

TBD TBD

TBD TBD

TBD TBD

C. AIR FORCE MATERIEL COMMAND FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT

CLAUSES IN FULL TEXT

5352.215-9008 ENABLING CLAUSE BETWEEN PRIME CONTRACTORS AND SERVICE

CONTRACTORS (AFMC) (JUL 1997) (TAILORED)

(a) The Air Force has entered into contracts with BTAS/MacAulay Brown (TAMS) and COLSA Corporation (TAMS) for services to provide Command, Control, Communication, and Computers and Information and Munitions Test Improvement (insert major support areas, such as technical, evaluation, and acquisition management support).

(b) Service tasks involve the application of a broad range of education, skills, knowledge, and experience in many disciplines in support of weapon system acquisition tasks. Tasks involve acquiring specialized hardware and software and/or prototype systems to develop/modify the facilities and infrastructure urgently required for test/training and evaluation of C4I and Munitions systems. C4I testing includes tests of the hardware and software systems used for C4I including "System of Systems" and hardware and software systems used on aircraft platforms involved with the C2 test process. Munitions testing includes tests of ground based, airborne, and space borne ordnance/armament systems and supporting guidance and control, seeker/sensor, navigation systems and telemetry systems. Munitions testing also includes high energy lasers, high power microwave systems and non-lethal anti-personnel systems. C4I and munitions testing requires the ability to encrypt and decrypt sensitive mission data parameters. The general areas of work include design, development, test, modification, installation, training, and/or transition to production support, all as related to the Air Armament Center (AAC) Range Complex and associated Major Range and Test Facility Base (MRTFB), test hardware and software systems, facilities, and infrastructure improvements. Specific tasking will be provided on an as required basis by delivery order. A secondary requirement for this acquisition is to develop/modify the systems, facilities, and infrastructure required to provide electronic combat test, training, and evaluation support for the Air Force Special Operations Command (AFSOC) and Air Combat Command (ACC). A tertiary requirement may involve providing these enhancements in testing capability at other facilities in the C4I and Munitions test community. (insert applicable task detail).

(c) In the performance of this contract, the Contractor agrees to cooperate with BTAS/MacAulay Brown by responding to invitations from authorized personnel to attend meetings; providing access to technical information and research, development and planning data, test data and results, schedule and milestone data, financial data including the Contractor's cost/schedule management system/records and accounting system, all in original form or reproduced; discussing technical matters related to the program;

providing access to Contractor facilities utilized in the performance of this contract; and allowing observation of technical activities by appropriate support Contractor technical personnel.

(d) The Contractor further agrees to include in each subcontract over $1 million or 10 percent of prime contract value, whichever is less, a clause requiring compliance by a subcontractor and succeeding levels of subcontractors with the response and access provisions of paragraph (c) above, subject to coordination with the Contractor. This agreement does not relieve the Contractor of responsibility to manage subcontracts effectively and efficiently, nor is it intended to establish privity of contracts between the Government or the service Contractor(s) and such subcontractors.

(e) Service Contractor personnel are not authorized to direct a Contractor in any manner.

(f) Service contracts contain an organizational conflict of interest clause that requires the service Contractors to protect the data and prohibits the service Contractors from using the data for any purpose other than that for which the data was presented.

(g) Neither the Contractor nor their subcontractors shall be required in the satisfaction of the requirements of this clause to perform any effort or supply any documentation not otherwise required by their contract or subcontract.

PART III - LIST OF DOCUMENTS, EXHIBITS & ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

SECTION J FA9201-10-R-0001

DOCUMENT PGS DATE TITLE

EXHIBIT A 32 CONTRACT DATA REQUIREMENTS LIST

EXHIBIT B 7 CONTRACT DATA REQUIREMENTS LIST

ATTACHMENT 1 6 CDRL INSTRUCTIONS

ATTACHMENT 2 29 DRAFT STATEMENT OF WORK (SOW)

ATTACHMENT 3 7 DELIVERY ORDER PROCEDURES

ATTACHMENT 4 TBD GOVERNMENT FURNISHED PROPERTY

ATTACHMENT 5 1 SAMPLE DELIVERY ORDER WORKSHEET

ATTACHMENT 6 12 COST FORMAT A

ATTACHMENT 7 1 COST FORMAT B

ATTACHMENT 8 16 CONTRACT SECURITY CLASSIFICATION

SPECIFICATION (DD254)

ATTACHMENT 9 2 PAST PERFORMANCE QUESTIONNAIRE

TRANSMITTAL LETTER

ATTACHMENT 10 9 PAST PERFORMANCE QUESTIONNAIRE

ATTACHMENT 11 1 KEY PERSONNEL QUALIFICATIONS SUMMARY

ATTACHMENT 12 16 SECTION L - INSTRUCTIONS, CONDITIONS AND

NOTICES TO OFFERORS

ATTACHMENT 13 12 SECTION M - EVALUATION FACTORS FOR

AWARD

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

SECTION K FA9201-10-R-0001

PAGE K - 1 of 10

NOTICE: The following solicitation provisions pertinent to this section are hereby incorporated in full text:

A. FEDERAL ACQUISITION REGULATION SOLICITATION PROVISIONS IN FULL TEXT

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (SEP 2007)

(a) Definitions. As used in this provision--``Lobbying contact'' has the meaning provided at 2 U.S.C. 1602(8). The terms ``agency,'' ``influencing or attempting to influence,'' ``officer or employee of an agency,'' ``person,'' ``reasonable compensation,'' and ``regularly employed'' are defined in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203- 12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

52.204-08 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 334511.

(2) The small business size standard is 750 employees.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

PAGE K - 2 of 10

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph

(d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies.

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)

(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I).

This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

PAGE K - 3 of 10

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements.

This provision applies to solicitations when it is…