RFP FA9302-12-R-1056.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

FA9302-12-R-1056

6. SOLICITATION ISSUE DATE

18 AUG 2011

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DWIGHT L. FRANKE

b. TELEPHONE NUMBER (No collect calls) 661-277-9567

8. OFFER DUE DATE/

LOCAL TIME

12 SEP 2011/1630

PDT 9. ISSUED BY AFFTC/PKEW CODE FA9302

10. THIS ACQUISITION IS 11. DELIVERY FOR

FOB DESTINATION

UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

UNRESTRICTED

DIRECTORATE OF CONTRACTING

5 SOUTH WOLFE AVE, BLDG 2800

EDWARDS AFB CA 93524-1185

DWIGHT L. FRANKE 661-277-9567

dwight.franke@edwards.af.mil

SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL BUSINESS 13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700) EMERGING SMALL BUSINESS

8(A) 13b. RATING

SERVICE DISABLED VET SB DO-C9

NAICS: 611430 14. METHOD OF SOLICITATION

SIZE STANDARD: $7M RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

SEE SF1449 Continuation

17a. CONTRACTOR/

OFFEROR

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

OFFER BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See SF1449 Continuation

(Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26 TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28.

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED HEREIN.

29.

AWARD OF CONTRACT: REF. OFFER DATED . YOUR OFFER ON

SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR CHANGES

WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: SEE

CONTINUATION.

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED _________________________________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35.AMT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

COMPLETE PARTIAL FINAL

PARTIAL FINAL

38. S/R ACCT NUMBER

39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MMM/DD) 42d. TOTAL CONTAINERS

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 4/2002)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212 ConWrite Version 6.13.1 Created 18 Aug 2011 4:53 PM

SF1449 CONTINUATION

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

0001 __________ Noun: ELECTRONIC WARFARE COURSE TRAINING

ACRN: U

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

The contractor shall provide classroom instruction in accordance with Performance Work Statement (PWS) dated 30 June 2011, Attachment 1.

Class Pricing is in accordance with Attachment 3

Individual Task Orders will identify Classes and Schedule.

All associated costs shall be included in this CLIN: Classroom instruction labor, travel, classroom material, course maintenance/revision.

Period of Performance 1 Oct 11 - 30 Sep 2016

Estimated Value:

Year 1 ___________

Year 2 ___________

Year 3 ___________

Year 4 ___________

Year 5 ___________

Total ___________

SF1449 CONTINUATION

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

0002 __________ Noun: ELECTRONIC WARFARE TEST AND EVALUATION

COURSE DEVELOPMENT

ACRN: U

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

The contractor shall provide EW T&E U Course Development in accordance with Performance Work Statement (PWS) dated 30 June 2011, attachment 1.

Course Development Pricing will use rates in accordance with Attachment 4.

Individual Task Orders will identify Course Development specifications and Schedule.

All associated costs shall be included in this CLIN: Course Development labor, travel, material.

Period of Performance 1 Oct 11 - 30 Sep 2016

Not to exceed Estimated Value:

Year 1 $225,000.00

Year 2 $225,000.00

Year 3 $225,000.00

Year 4 $225,000.00

Year 5 $225,000.00

Total $1,125,000.00

ADDENDUM

1. FAR 52.204-02 SECURITY REQUIREMENTS (Aug 1996)

(a) This clause applies to the extent that this contract involves access to information classified "Confidential," "Secret," or "Top Secret."

(b) The Contractor shall comply with--

(1) the Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DOD 5220.22-M); and

(2) any revisions to that manual, notice of which has been furnished to the Contractor.

(c) If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

(d) The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.

2. FAR 52.209-09 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (Jan 2011)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov .

(b)(1) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

3. FAR 52.212-04 ADDENDUM TO CONTRACT TERMS AND CONDITIONS--COMMERCIAL

ITEMS (Jun 2010)

52.212-4, Contract Terms and Conditions -- Commercial Items is hereby tailored as follows:

(a) The place of inspection, acceptance, and FOB is Destination: Edwards AFB, CA, Las Vegas, NV

4. FAR 52.212-05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (May 2011)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C.

7104(g)).

N/A Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L.

108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-06, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

(6) 52.209-06, Protecting The Government Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed For Debarment (Dec 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

(9) 52.219-04, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer.) (15 U.S.C. 657a).

(13) 52.219-08, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C.

637 (d)(2) and (3)).

(14) (i) 52.219-09, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4)).

(14) (iii) 52.219-09, Small Business Subcontracting Plan (Jan 2011).

Alternate II (Oct 2001)

(14) (iv) 52.219-09, Small Business Subcontracting Plan (Jan 2011).

Alternate III (Jul 2010)

(16) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999)(15 U.S.C. 637(d)(4)(F)(i)).

(17) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

(21) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

(24) 52.222-03, Convict Labor (June 2003)(E.O. 11755).

(25) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

(26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

(27) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

(28) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

(29) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(30) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C.

4212).

(31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(36) 52.223-18, Contractor Policy To Ban Text Messaging While Driving (Sep 2010) (E.O. 13513).

(40) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(45) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

(47) 52.232-36, Payment by Third Party (Feb 2010)(31 U.S.C. 3332).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

(8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C.

4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C.

351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C.

7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

5. FAR 52.216-19 ORDER LIMITATIONS (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of $300,000.00;

(2) Any order for a combination of items in excess of $500,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

6. FAR 52.216-22 INDEFINITE QUANTITY (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after

31 DEC 2016.

7. FAR 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (Dec 2010)

(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the national Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f).

(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor’s plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contact.

(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor’s Web site that contains the full text of the poster. The link to the Department’s Web site, as referenced in (b)(3) of this section, must read, ―Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers.‖

(b) This required employee notice, printed by the Department of Labor, may be—

(1) Obtained from the Division of Interpretations and Standards, Office of Labor- Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N- 5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor- Management Standards or Office of Federal Contract Compliance Programs;

(2) Provided by the Federal contracting agency if requested;

(3) Downloaded from the Office of Labor-management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm ; or

(4) Reproduced and used as exact duplicate copies of the Department of Labor’s official poster.

(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.

(d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4 Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.

(f) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the Unites States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.

(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor ma request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

8. DFARS 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE

ACQUISITIONS OF COMMERCIAL ITEMS (Jun 2011)

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.

52.203-03, Gratuities (APR 1984) (10 U.S.C. 2207).

(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

(1) 252.203-7000, Requirements Relating to Compensation of former DoD Officials (Jan 2009) (Section 847 of Pub. L. 110-181).

(3) 252.205-7000, Provision of Information to Cooperative Agreement Holders (Dec 1991) (10 U.S.C. 2416).

(4) 252.219-7003, Small Business Subcontracting Plan (DOD Contracts) (Oct 2010) (15 U.S.C. 637).

(6)(i) 252.225-7001, Buy American Act and Balance of Payments Program (Jan 2009) (41 U.S.C. 10a-10d, E.O. 10582).

(6)(ii) 252.225-7001, Buy American Act and Balance of Payments Program (Jan 2009) (41 U.S.C. 10a-10d, E.O. 10582).

(7) 252.225-7008, Restriction on Acquisition of Specialty Metals (Jul 2009) (10 U.S.C. 2533b).

(8) 252.225-7009, Restriction On Acquisition Of Certain Articles Containing Specialty Metals (Jan 2011) (10 U.S.C. 2533b).

(9) 252.225-7012, Preference for Certain Domestic Commodities (Jun 2010) (10 U.S.C. 2533a).

(17) 252.226-7001, Utilization Of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (Sep 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts).

(20) 252.232-7003, Electronic Submission Of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227).

(21) 252.237-7010, Prohibition On Interrogation Of Detainees By Contractor Personnel (Nov 2010) (Section 1038 of Pub. L. 111-84).

(23) 252.243-7002, Requests for Equitable Adjustment (Mar 1998) (10 U.S.C. 2410).

(25) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (Sep 2010) (Section 884 of Public Law 110-417).

(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(1) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (Nov 2010) (Section 1038 of Pub. L. 111-84).

(2) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (Sep 2006) (Section 1092 of Public Law 108-375).

(3) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (Sep 2010) (Section 884 of Public Law 110-417).

(4) 252.247-7023, Transportation of Supplies by Sea (May 2002) (10 U.S.C.

2631).

(5) 252.247-7024, Notification of Transportation of Supplies by Sea (Mar 2000) (10 U.S.C. 2631).

9. DFARS 252.216-7006 ORDERING (May 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from 01 OCT 2011 through 30 SEP 2016.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)(1) If issued electronically, the order is considered ―issued‖ when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ―issued‖ when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

10. DFARS 252.225-7997 ADDITIONAL REQUIREMENTS AND RESPONSIBILITIES

RELATING TO ALLEGED CRIMES BY OR AGAINST CONTRACTOR PERSONNEL IN IRAQ

AND AFGHANISTAN (DEVIATION) (Aug 2010)

(a) The Contractor shall report to the appropriate investigative authorities identified in paragraph (c) below, any alleged offenses under--

(1) The Uniform Code of Military Justice (chapter 47 of title 10, United States Code) (applicable to contractors serving with or accompanying an armed force in the field during a declared war or a contingency operation); or

(2) The Military Extraterritorial Jurisdiction Act (chapter 212 of title 18, United States Code).

(b) The Contractor shall provide to all contractor personnel who will perform work on a contract in Iraq or Afghanistan, before beginning such work, information on the following:

(1) How and where to report an alleged crime described in paragraph (a) of this clause.

(2) Where to seek victim and witness protection and assistance available to contractor personnel in connection with an alleged offense described in paragraph (a) of this clause.

(c) The appropriate investigative authoritiees to which suspected crimes shall be reported include the following officials--

(1) US Army Criminal Investigations Division at http://www.cid.army.mil/reportacrime.html;

(2) Air Force Office of Special Investigations at http://www.osi.andrews.af.mil/library/factsheets/factsheet.asp?id=14522;

(3) Navy Criminal Investigative Service at http://www.ncis.navy.mil/Pages/publicdefault.aspx; or

(4) To the command of any supported military element or the command of any base.

(d) Personnel seeking whistleblower protection from reprisals for reporting criminal acts shall seek guidance through the DoD Inspector General hotline at (800) 424-9098 or www.dodig.mil/HOTLINE/index.html. Personnel seeking other forms of victim or witness protections should contact the nearest military law enforcement office.

11. DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS (Dec 2006)

(a) 26 U.S.C. 6331(h) authorizes the Internal Revenue Service (IRS) to continuously levy up to 100 percent of contract payments, up to the amount of tax debt.

(b) When a levy is imposed on a payment under this contract and the Contractor believes that the levy may result in an inability to perform the contract, the Contractor shall promptly notify the Procuring Contracting Officer in writing, with a copy to the Administrative Contracting Officer, and shall provide—

(1) The total dollar amount of the levy;

(2) A statement that the Contractor believes that the levy may result in an inability to perform the contract, including rationale and adequate supporting documentation; and

(3) Advice as to whether the inability to perform may adversely affect national security, including rationale and adequate supporting documentation.

(c) DoD shall promptly review the Contractor’s assessment, and the Procuring Contracting Officer shall provide a written notification to the Contractor including–

(1) A statement as to whether DoD agrees that the levy may result in an inability to perform the contract, and

(2)(i) If the levy may result in an inability to perform the contract and a lack of performance will adversely affect national security, the total amount of the monies collected that should be returned to the Contractor; or

(ii) If the levy may result in an inability to perform the contract but will not impact national security, a recommendation that the Contractor promptly notify the IRS to attempt to resolve the tax situation.

(d) Any DoD determination under this clause is not subject to appeal under the Contract Disputes Act.

12. AF 5352.201-9101 OMBUDSMAN (Apr 2010)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM or AFISRA ombudsmen, Director of Contracting, AFFTC/PK, 5 S Wolfe Avenue, Edwards AFB CA 93524-1185, phone number (661) 277-2006, facsimile number (661) 275-9606.. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU or ARISRA level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number

(703) 588-7004, facsimile number (703) 588-1067.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

13. H099 BASE SUPPORT (Mar 2011)

Base support shall be provided by the Government to the Contractor in accordance with this provision.

(a) Base support includes Government-controlled working space, material, equipment, services (including automatic data processing), or other support (excluding use of the Defense Switched Network (DSN)) which the Government determines can be made available at, or through, any Air Force installation where this contract shall be performed. All Government property in the possession of the Contractor, provided through the base support provision, shall be used and managed in accordance with the Government Property clauses.

(b) Unless otherwise stipulated in the contract schedule, support shall be provided on a no-charge-for-use basis and the value shall be a part of the Government's contract consideration.

(c) The Contractor agrees to immediately report (with a copy to the cognizant CAO) inadequacies, defective Government-Furnished Property (GFP), or non-availability of support stipulated by the contract schedule, together with a recommended plan for obtaining the required support. The Government shall determine the validity and extent of the involved requirement and the method by which it shall be fulfilled (e.g., purchase, rental, lease, GFP, etc.). Facilities shall not be purchased under this provision. Additionally, the Contractor (or authorized representative) shall not purchase, or otherwise furnish any base support requirement provided by the provision (or authorize others to do so), without prior written approval of the Contracting Officer regarding the price, terms, and conditions of the proposed purchase, or approval of other arrangements.

(d) Following are installations where base support will be provided: Edwards, Air Force Base, CA and Government Facility in Las Vegas, NV.

(e) The Government support to be furnished under this contract is: provide appropriate classroom facilities and equipment (student work surfaces, computers, monitors, overhead projectors, whiteboards, etc) to conduct required training. Because of the nature and location(s) of the work performed, the value of such equipment is undeterminable. The Contractor shall not incur any cost resulting from nonsupport prior to Contracting Officer concurrence in accordance with this provision.

CONTRACT DOCUMENTS, EXHIBITS AND ATTACHMENTS

DOCUMENT PGS DATE TITLE

ATTACHMENT 1 12 30 JUN 2011 ELECTRONIC WARFARE TEST AND

EVALUATION UNIVERSITY (EW T&E U)

SPECIALIZED TECHNICAL TRAINING

SERVICES PERFORMANCE WORK

STATEMENT (PWS)

ATTACHMENT 2 22 22 JUN 2011 DD 254

ATTACHMENT 3 1 CLASS PRICE SCHEDULE

ATTACHMENT 4 1 SCHEDULE OF CURRICULUM

DEVELOPMENT TASK ORDER LABOR

RATES

ATTACHMENT 5 6 PAST PERFORMANCE QUESTIONNAIRE

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Attachment 1

AIR FORCE FLIGHT TEST CENTER (AFFTC)

ELECTRONIC WARFARE TEST AND

EVALUATION UNIVERSITY (EW T&E U)

SPECIALIZED TECHNICAL TRAINING SERVICES

PERFORMANCE

WORK STATEMENT (PWS)

30 JUNE 2011

Prepared by:

412TH Test Wing, Electronic Warfare Group 771st Test Squadron AFFTC, Edwards AFB, CA

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TABLE OF CONTENTS

PARAGRAPH TITLE PAGE NUMBER

I.0

DESCRIPTION OF SERVICES

2.0 GOVERNMENT-FURNISHED PROPERTY 5

3.0 4.0

GENERAL INSTRUCTIONS

PERFORMANCE STANDARDS

APPENDIX TITLE PAGE NUMBER

A

ESTIMATED TRAINING CLASSES

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1.0 DESCRIPTION OF SERVICES

This Performance Work Statement (PWS) provides for non-personal services for highly specialized, complex electronic warfare (EW) technical classroom course instruction in the primary areas of infrared (IR) and radio frequency (RF), IR and RF countermeasure systems, directed energy weapon systems, low observable weapon systems, aircraft survivability, and net-centric warfare systems. The training requirements are at the advanced graduate level and are necessary for developing and increasing the proficiency of EW engineers involved in test and evaluation (T&E) in the aforementioned EW technical areas. These courses are for the curriculum offered by the EW T&E University (EW T&E U) located at the Air Force Flight Test Center (AFFTC), Edwards

AFB, CA.

1.1 Key Performance Objectives

1.1.1 Advance the knowledge and proficiency of engineers in the specialized, complex and rapidly evolving field of EW T&E.

1.1.2 Maintain a library of current, state-of-the-art, graduate level EW courses.

1.2 Key EW T&E U Goal

Recognized as the world class T&E educational source for EW weapon system technologies.

1.3 Requirement

Training instruction services shall be provided by experienced, highly qualified and skilled, fully trained, and professional, instructors and staff with the requisite EW disciplines and security clearances to successfully perform the EW T&E U specialized training requirements.

1.3.1 EW Course Training

Formal academic graduate level course training for the EW T&E U courses identified in PWS Appendix A, paragraphs 2.0 and 3.0.

1.3.1.1 Include student 3-ring notebooks with course instruction i.e., as a minimum, hard and soft (compact disc) copies of Powerpoint slide presentations. Assemble, designate and handle classified materials in accordance with the Contract Security Classification Specification (DD 254) of this contract.

1.3.2 Course Revisions

Revise the PWS Appendix A courses for currency.

1.3.2.1 The Contractor Training Manager (CTM) shall notify the Government Project Manager (GPM) when revisions are necessary. Notification and schedule to complete must allow sufficient time for revisions to be included prior to the conduct of the next class.

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1.3.2.2 Provide GPM configuration control course summary of revisions. Transmit via e-mail.

1.3.3 EW T&E U Course Development

Develop new EW-related courses for topics such as, but not limited to, those identified in subparagraphs 1.3.3.1-1.3.3.5. Specific task orders will be issued for course development effort. For courses tasked for development, provide draft course contents for approval to GPM if requested.

1.3.3.1 Network Centric Warfare

1.3.3.2 Data Reduction in EW Testing

1.3.3.3 Airborne Interceptor T&E

1.3.3.4 Fundamentals of Expendable ECM Systems T&E

1.3.3.5 Fundamentals of Offboard ECM Systems T&E

1.3.3.6 Subsequent to the Government’s acceptance of the new courses, they may be added to PWS Appendix A via contract modification.

1.4 Contractor Training Manager (CTM)

Identify, via e-mail to the GPM and Contracting Officer (CO), the designated EW T&E U Contractor Training Manager (CTM) and an alternate. These designees should be EW subject matter experts with the knowledge and ability to effectively communicate and resolve technical and schedule problems and contractual matters.

1.5 Reporting Requirements

Summarized below are the electronic (e-mail) reporting requirements of this PWS.

PWS

PARA

TITLE FREQUENCY

1.3.2.1 Configuration Control Summary At Revision

Completion Dates

1.3.3* Draft Course Contents* *Quarterly (30th day of Month);

GPM Approval within 5 days

1.4 CTM and Alternate Designees At Award, Any

Subsequent Reassignment

* For course development specifically tasked

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2.0 GOVERNMENT-FURNISHED PROPERTY

Classroom training performed on-site at Edwards AFB, CA, and Las Vegas, NV, will be supported by the Government-furnished support described in the Section H Base Support Special Contract Requirement (H099) of this contract.

3.0 GENERAL INSTRUCTIONS

3.1 Hours of Operation

Normal duty work week and hours are Monday-Friday, 0730-1630, except Federal Holidays. Training will be scheduled to occur during these days and hours unless otherwise agreed to by both parties at no additional cost to the Government.

3.2 Contract Changes

The GPM, or other Government personnel, e.g. quality assurance personnel, are not authorized to direct the contractor or otherwise change the requirements of this contract. The CO is the only individual authorized to provide such direction. If, in the contractor’s opinion, any GPM guidance (reference paragraph 1.4) is perceived as a contract change, the contractor shall not proceed with such guidance, and promptly notify the CO.

4.0 PERFORMANCE STANDARDS

Performance will be assessed based upon the objectives and thresholds stated in Table 1, below. Performance thresholds are stated in terms of meeting requirements, i.e.

satisfactory performance.

TABLE 1, PERFORMANCE STANDARDS

PWS PARA

REFERENCE(S)

PERFORMANCE

OBJECTIVE

PERFORMANCE THRESHOLD

1.0 1.1.1 1.3.1

Quality of Classroom Training:

Graduate level training advances the knowledge of T&E engineers in the specialized EW technical areas of the PWS

Student engineers indicate course objectives were met 97% of the time

1.1.2 1.3.2

Quality of Course Revisions:

Courses are revised to include the latest EW technical advances prior to classroom training

Courses include highly relevant state-of-the-art EW technologies associated with the T&E mission environment 100% of the time

1.3.1 Performance Schedule: Classes

are conducted as scheduled

Courses are presented on schedule 100% of the time

1.4 3.2

Business Relations – Highly qualified subject matter experts responsive to GPM and CO on technical, schedule and

Subject matter experts are responsive 95% of the time; 100% if problems are urgent

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PWS PARA

REFERENCE(S)

PERFORMANCE

OBJECTIVE

PERFORMANCE THRESHOLD

contractual requirements

1.3.3* Course Development: TBD* *Specified in course development task order (s) if issued

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EW T&E U SPECIALIZED TECHNIAL

TRAINING SERVICES PWS

APPENDIX A, ESTIMATED TRAINING CLASSES

1.0 Class Size

The estimated number of students per class is 26.

2.0 Courses On-Site at Edwards AFB, CA

It is estimated the courses described in this paragraph will be presented via classroom training once per fiscal year, i.e. 1 Oct through 30 Sep.

2.1 Fundamental Concepts

These courses provide a solid foundation in the basics concepts associated with testing EW systems. These are aimed at new engineers and practicing engineers new to the EW field. They also provide good refresher training for experienced engineers.

2.1.1 EWF 0010 - Radar Fundamentals for EW T&E Engineers

This is an introductory radar course emphasizing EW considerations. The radar range equation is developed and radar and target interaction are addressed. After developing basic radar concepts, simplified EW systems such as radar warning receivers (RWR), self-protection jammers (SPJ), and towed decoys are introduced and their interaction with the radar examined. Includes signal characteristic and F-16 radar demonstrations at the Integration Facility for Avionic Systems Test (IFAST).

Security Classification: Unclassified Course Length: 4 days

2.1.2 EWF 0020 - Introduction to EW

Course is an overview of EW applications and systems. The course addresses the threat environment; sensors, weapons, and command and control. The kill chain is introduced; target detection, target tracking, weapons engagement, weapon guidance, and end game. Common EW systems such as radar warning receivers (RWR), electronic countermeasures (ECM) systems and techniques, and expendable countermeasures systems are introduced.

Security Classification: Unclassified Course Length: 4 days

2.1.3 EWF 0040 – Graphical Analytical Concepts with MtStat

This course is a refresher course designed for engineers to review probability and statistic fundamentals. The course teaches statistical concepts in a graphically intensive manner using the MtStat graphical and statistical package. Included are fundamental statistics terms and techniques, and addresses statistical problem solving methodology by accessing appropriate tables and performing mathematical calculations. After students are fully aware of the fundamental operational concepts, instructors present students with software methods to obtain solutions faster and more

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efficiently. Classroom exercises are included throughout the course, allowing students a hands-on opportunity to obtain essential information.

Security Classification: Unclassified Course Length: 4 days

2.2 Electronic Warfare Systems Under Test and Survivability

These courses focus on the systems under test (SUT), such as EW Receivers, Electronic Countermeasures (ECM) Systems, Towed Decoys, Expendable Countermeasures, and Low Observable (LO) concepts.

2.2.1 EWS 0110 - EW Receiver Systems T&E

Covers applications of EW receivers, receiver types and implementations, and test considerations and resources. EW applications such as radar warning receivers (RWR) and electronic support measures systems (ESM) and their applications are introduced.

Receiver components such as antennas, receivers, signal processors, controls and displays are discussed. Test process, methods, and considerations along with appropriate measures of performance are presented. Test resources and their proper roles are also addressed.

Security Classification: Unclassified Course Length: 3½ days

2.2.2 EWS 0122 - Fundamentals of High Energy Lasers (HEL) T&E Consists of basic physics, design, system implementation, and applications of how HEL weapons systems are developed. Test process, methods, and consideration along with appropriate measures of performance are presented. Test resources and their proper roles are addressed.

Security Classification: Unclassified Course Length: 4 days

2.2.3 EWS 0111 - Fundamentals of High Power Microwave (HPM) T&E Consists of basic physics, design, system implementation, and applications of how HPM weapons systems are developed. Test process, methods, and consideration along with appropriate measures of performance are presented. Test resources and their proper roles are addressed.

Security Classification: Unclassified Course Length: 4 days

2.2.4 EWS 0210 - Fundamentals of Onboard ECM T&E

Introduces electronic warfare (EW) engineers to the fundamentals of active radio frequency (RF) onboard self-protection electronic countermeasures (ECM) T&E. The course provides students with the supporting fundamental onboard self-protection ECM information. It focuses on onboard ECM against target acquisition radars (TAR) and

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target track radars (TTR) from both the generic and the specific position. The goal is to provide students with a foundation from which they can ask the right questions when dealing with the T&E of active RF onboard self-protection ECM systems.

Security Classification: SECRET Course Length: 4days

2.3 Test Methodologies, Data Analysis and Advanced Topics

Sound evaluations of the systems under test is the ultimate goal of every test programs.

These courses address test requirements, planning, execution, and data analysis.

2.3.1 EWE 0110 - Data Analysis and Evaluation for EW T&E Engineers This course uses a unique example-based framework for presenting various statistical and analytical techniques common in EW data analysis and evaluation. A typical RWR test is used as the operative example that prompts students to explore realistic problems and provide subsequent evaluations. The problem moves from defining and structuring test objectives, to determining measures of performance or effectiveness, and establishing evaluation and success criteria. The problem is then taken to different levels requiring testing using different facilities and test design constraints. The effects of sample size are investigated during each iteration of the exercise. At each step, graphical and statistical methods are defined and provided to the students to apply to their individual test data sets. This allows students to receive actual hands-on experience in applying each of the statistical techniques addressed in the course.

Security Classification: Unclassified Course Length: 3 days

2.4 Threat Systems and Air Defense Principles

EW systems are designed to operate in and overcome enemy integrated air defense systems (IADS). Engineers and analysts must understand the operating principles of the individual threat systems and how they are netted together to form IADS.

2.4.1 EWT 0110 - Command Guided SAM Systems

Covers the technical and operational characteristics of three specific command guided surface-to-air missile systems. Topics include: an overview of the concept of command guided SAM systems; the engagement scenario; the system concept of operation;

antenna, receiver, transmitter, and signal processing subsystems; and missile and command links. It includes missile guidance law fundamentals and places those fundamentals into the context of ECM effectiveness T&E. The relationship between detailed system technical and performance characteristics, and the test implications of system behavior are presented. Student exercises are designed to reinforce key performance concepts and their application to T&E. Students have the opportunity to tour selected command guided systems where they can get a first-hand look at operational systems, discuss class concepts with system engineers and operators, and reinforce their understanding of system T&E behavior.

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Security Classification: SECRET Course Length: 5 days

2.4.2 EWT 0111 - Tactical Land Based Defense Systems

Addresses the technical and operational characteristics of one tactical semi-active (SA) surface-to-air missile system and its associated radars, and one radar directed anti-aircraft artillery (AAA) system. The tactical employment of each system is also addressed.