H92222-10-R-0005.docx

H92222-10-R-0005

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

INSTRUCTIONS

B.1 This is an indefinite delivery, indefinite quantity (IDIQ) contract with firm fixed price and cost reimbursable line items for a total period of performance of nine (9) years.

The total contract maximum is $530,000,000 over the life of the contract.

The total contract minimum is CLINS 0001 and 0002, Shallow Water Combat Submersible (SWCS) Critical Item Development (CID) Tasks.

B.2 BASE PERIOD – Award and delivery of CLINS 0001 and 0002. Contract award through 31 May 2011. (NOTE: CLIN 0002 deliverables will be applicable to all periods of the contract.)

B.3 DEVELOPMENT AND TEST PERIOD (If Exercised) – Award and delivery of option CLINS 0003 - 0011. Award (1 May 2011) through 31 Jan 2014.

B.4 LOW RATE INITIAL PRODUCTION (LRIP) PERIOD (If Exercised) – Award and delivery of CLINS 0012 and 0013. Award (1 Oct 2013) through 31 Dec 2014.

B.5 PRODUCTION PERIOD (If Exercised) – Applicable to all remaining CLINS. These are option CLINS and, if exercised, will be Indefinite Delivery/Indefinite Quantity (ID/IQ) CLINs against which the Government will order items through delivery orders.

Production Ordering Periods.

CLINS 0014-0019, First Ordering Period. The ordering period is from 1 Oct 2013 through 31 Dec 2014.

CLINS 0020-0027, Second Ordering Period. The ordering period is from 1 Jan 2015 through 31 Dec 2015.

CLINS 0028-0035, Third Ordering Period. The ordering period is from 1 Jan 2016 through 31 Dec 2016.

CLINS 0036-0043 Fourth Ordering Period. The ordering period is from 1 Jan 2017 through 31 Dec 2017.

CLINS 0044-0051, Fifth Ordering Period. The ordering period is from 1 Jan 2018 to 31 Dec 2018.

CLINS 0052-0058, Sixth ordering period. The ordering period is from 1 Jan 2019 to 31 December 2019

SWCS Critical Item Development Tasks

FFP

Design, Develop and Fabricate Critical Items for evaluation IAW Section C and Section J Attachment/Exhibits.

FOB: Contractor Facility

NET AMT

Contract Data Requirements List

DD Form 1423, Contract Data Requirements List, Exhibit A hereto.

NSP - Not Separately Priced.

FOB: Destination

NET AMT

CPFF

Design, Develop and Fabricate one (1) SWCS EDM System consisting of the SWCS System (minus trailer) and associated support equipment IAW Section C and Section J Attachments/Exhibits

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

FFP

The contractor shall provide 1 trailer with warranty and manuals IAW Sections C, and J Attachments/Exhibits.

NET AMT

CPFF

The contractor shall provide engineering services in support of CLIN 0003 IAW Sections C and J, Attachments/Exhibits.

NOTE: NTE OF $100,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Hours

T&M Technical Support during developmental and integrated testing of the EDM System. The contractor shall provide all labor as required for technical support during the Government testing of CLIN 0003 IAW Section J Attachments/Exhibits.

Any required materials/supplies shall be charged against CLIN 0007.

NOTE: NTE OF $50,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

TOT ESTIMATED PRICE

CEILING PRICE

T&M The contractor shall provide all materials/supplies to support repairs and maintenance of the SWCS IAW Section J Attachments/Exhibits.

Price will be based on actual costs plus applicable material handling fees.

NOTE: NTE OF $50,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

TOT ESTIMATED PRICE

CEILING PRICE

FFP

The contractor shall provide Provisioning Item Order in support of developmental and integrated testing of CLIN 0003 IAW Sections C, H, J Attachments/Exhibits.

NET AMT

FFP

The contractor shall provide all necessary facilities, materials, and labor to generate and provide Initial Familiarization Training for pilots and co-pilots IAW Sections C and J Attachments/Exhibits.

The quantity depicts the number of classes.

NET AMT

FFP

The contractor is authorized under this CLIN to order Long Lead Time Materials for CLIN 0012 - SWCS First Article Systems # 1- 2. The quantity is to cover materials for 2 SWCS Systems.

NET AMT

Lot

T&M If required, the contractor shall travel in support this contract for reviews, meetings, and repairs IAW Joint Travel Regulation (JTR) and Sections C and J, Attachments/Exhibits.

NOTE: NTE OF $20,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

TOT ESTIMATED PRICE

CEILING PRICE

The contractor shall provide 2 SWCS Systems (minus trailers), manuals and warranty IAW Section C and J Attachments/ Exhibits.

NET AMT

FFP

The contractor shall provide 2 trailers with warranty and manuals IAW Sections C, and J Attachments/Exhibits.

NET AMT

FFP

FIRST ORDERING PERIOD. The contractor is authorized under this CLIN to order Long Lead Time Materials (sets) for up to 12 SWCS Systems.

To be specified under individual delivery orders.

Stepladder pricing may be entered as set forth in Section J.

MAX

NET AMT

FFP

FIRST ORDERING PERIOD. The contractor shall provide PIO IAW Sections C, H, and J Attachments/Exhibits.

Stepladder pricing may be entered as set forth in Section J.

To be specified under individual delivery orders.

NOTE: NTE OF $200,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX

T&M FIRST ORDERING PERIOD: The contractor shall provide all materials/supplies to support repairs and maintenance of the SWCS IAW Section J Attachments/Exhibits. To be specified under individual delivery orders.

Price will be based on actual costs plus applicable material handling fees.

NOTE: NTE OF $50,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

TOT MAX PRICE

CEILING PRICE

CPFF

FIRST ORDERING PERIOD. The contractor shall provide engineering services and configuration management IAW Sections C and J, Attachments/Exhibits.

To be specified under individual delivery orders.

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

FFP

FIRST ORDERING PERIOD. The contractor shall provide logistics and training support of the SWCS Systems IAW Section C and J Attachments/Exhibits.

MAX

T&M FIRST ORDERING PERIOD: If required, the contractor shall travel in support this contract for reviews, meetings, and repairs IAW Joint Travel Regulation (JTR) and Sections C and J, Attachments/Exhibits.

NOTE: NTE OF $50,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

TOT MAX PRICE

CEILING PRICE

FFP

SECOND ORDERING PERIOD. The contractor shall provide up to 12 SWCS Systems (minus trailers), manuals and warranty IAW Sections C and J Attachments/ Exhibits.

To be specified under individual delivery orders.

MAX

FFP

SECOND ORDERING PERIOD. The contractor shall provide up to 12 trailers with warranty and manuals IAW Sections C, and J Attachments/Exhibits.

To be specified under individual delivery orders.

MAX

FFP

SECOND ORDERING PERIOD. The contractor is authorized under this CLIN to order Long Lead Time Materials (sets) for up to 12 SWCS Systems.

To be specified under individual delivery orders.

MAX

FFP

SECOND ORDERING PERIOD. The contractor shall provide PIO IAW Sections C, H, and J Attachments/Exhibits.

Stepladder pricing may be entered as set forth in Section J.

To be specified under individual delivery orders.

NOTE: NTE OF $200,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX

T&M SECOND ORDERING PERIOD: The contractor shall provide all materials/supplies to support repairs and maintenance of the SWCS IAW Section J Attachments/Exhibits. To be specified under individual delivery orders.

Price will be based on actual costs plus applicable material handling fees.

NOTE: NTE OF $50,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

TOT MAX PRICE

CEILING PRICE

CPFF

SECOND ORDERING PERIOD. The contractor shall provide engineering services and configuration management IAW Sections C and J, Attachments/Exhibits.

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

FFP

SECOND ORDERING PERIOD. The contractor shall provide logistics and training support of the SWCS Systems IAW Section C and J Attachments/Exhibits.

MAX

T&M SECOND ORDERING PERIOD: If required, the contractor shall travel in support this contract for reviews, meetings, and repairs IAW Joint Travel Regulation (JTR) and Sections C and J, Attachments/Exhibits.

NOTE: NTE OF $50,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

TOT MAX PRICE

CEILING PRICE

FFP

THIRD ORDERING PERIOD. The contractor shall provide up to 12 SWCS Systems (minus trailers), manuals and warranty IAW Section C and J Attachments/Exhibits.

To be specified under individual delivery orders.

MAX

FFP

THIRD ORDERING PERIOD. The contractor shall provide up to 12 trailers with warranty and manuals IAW Sections C, and J Attachments/Exhibits.

To be specified under individual delivery orders.

MAX

FFP

THIRD ORDERING PERIOD. The contractor is authorized under this CLIN to order Long Lead Time Materials (sets) for up to 12 SWCS Systems.

To be specified under individual delivery orders.

MAX

FFP

THIRD ORDERING PERIOD. The contractor shall provide PIO IAW Sections C, H, and J Attachments/Exhibits.

Stepladder pricing may be entered as set forth in Section J.

To be specified under individual delivery orders.

NOTE: NTE OF $200,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX

T&M THIRD ORDERING PERIOD: The contractor shall provide all materials/supplies to support repairs and maintenance of the SWCS IAW Section J Attachments/Exhibits. To be specified under individual delivery orders.

Price will be based on actual costs plus applicable material handling fees.

NOTE: NTE OF $50,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

TOT MAX PRICE

CEILING PRICE

CPFF

THIRD ORDERING PERIOD. The contractor shall provide engineering services and configuration management IAW Sections C and J, Attachments/Exhibits.

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

FFP

THIRD ORDERING PERIOD. The contractor shall provide logistics and training support of the SWCS Systems IAW Section C and J Attachments/Exhibits.

MAX

T&M THIRD ORDERING PERIOD: If required, the contractor shall travel in support this contract for reviews, meetings, and repairs IAW Joint Travel Regulation (JTR) and Sections C and J, Attachments/Exhibits.

NOTE: NTE OF $50,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

TOT MAX PRICE

CEILING PRICE

FFP

FOURTH ORDERING PERIOD. The contractor shall provide up to 12 SWCS systems (minus trailers), manuals and warranty IAW Section C and J Attachments/Exhibits.

To be specified under individual delivery orders.

MAX

FFP

FOURTH ORDERING PERIOD. The contractor shall provide up to 12 trailers with warranty and manuals IAW Sections C, and J Attachments/Exhibits.

To be specified under individual delivery orders.

MAX

FFP

FOURTH ORDERING PERIOD. The contractor is authorized under this CLIN to order Long Lead Time Materials (sets) for up to 12 SWCS Systems.

To be specified under individual delivery orders.

MAX

FFP

FOURTH ORDERING PERIOD. The contractor shall provide PIO IAW Sections C, H, and J Attachments/Exhibits.

Stepladder pricing may be entered as set forth in Section J.

To be specified under individual delivery orders.

NOTE: NTE OF $200,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX

T&M FOURTH ORDERING PERIOD: The contractor shall provide all materials/supplies to support repairs and maintenance of the SWCS IAW Section J Attachments/Exhibits. To be specified under individual delivery orders.

Price will be based on actual costs plus applicable material handling fees.

NOTE: NTE OF $50,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

TOT MAX PRICE

CEILING PRICE

CPFF

FOURTH ORDERING PERIOD. The contractor shall provide engineering services and configuration management IAW Sections C and J, Attachments/Exhibits.

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

FFP

FOURTH ORDERING PERIOD. The contractor shall provide logistics and training support of the SWCS Systems IAW Section C and J Attachments/Exhibits.

MAX

T&M FOURTH ORDERING PERIOD: If required, the contractor shall travel in support this contract for reviews, meetings, and repairs IAW Joint Travel Regulation (JTR) and Sections C and J, Attachments/Exhibits.

NOTE: NTE OF $50,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE.

TOT MAX PRICE

CEILING PRICE

FFP

FIFTH ORDERING PERIOD. The contractor shall provide up to 12 SWCS systems (minus trailers), manuals and warranty IAW Section C and J Attachments/Exhibits.

To be specified under individual delivery orders.

MAX

FFP

FIFTH ORDERING PERIOD. The contractor shall provide up to 12 trailers with warranty and manuals IAW Sections C, and J Attachments/Exhibits.

To be specified under individual delivery orders.

MAX

FFP

FIFTH ORDERING PERIOD. The contractor shall provide PIO IAW Sections C, H, and J Attachments/Exhibits.

Stepladder pricing may be entered as set forth in Section J.

To be specified under individual delivery orders.

NOTE: NTE OF $200,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX

FFP

FIFTH ORDERING PERIOD. The contractor is authorized under this CLIN to order Long Lead Time Materials (sets) for up to 12 SWCS Systems.

To be specified under individual delivery orders.

MAX

T&M FIFTH ORDERING PERIOD: The contractor shall provide all materials/supplies to support repairs and maintenance of the SWCS IAW Section J Attachments/Exhibits. To be specified under individual delivery orders.

Price will be based on actual costs plus applicable material handling fees.

NOTE: NTE OF $50,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

TOT MAX PRICE

CEILING PRICE

CPFF

FIFTH ORDERING PERIOD. The contractor shall provide engineering services and configuration management IAW Sections C and J, Attachments/Exhibits.

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

FFP

FIFTH ORDERING PERIOD. The contractor shall provide logistics and training support of the SWCS Systems IAW Section C and J Attachments/Exhibits.

MAX

T&M FIFTH ORDERING PERIOD: If required, the contractor shall travel in support this contract for reviews, meetings, and repairs IAW Joint Travel Regulation (JTR) and Sections C and J, Attachments/Exhibits.

NOTE: NTE OF $50,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE.

TOT MAX PRICE

CEILING PRICE

FFP

SIXTH ORDERING PERIOD. The contractor shall provide up to 12 SWCS Systems (minus trailers), manuals and warranty IAW Section C and J Attachments/Exhibits.

To be specified under individual delivery orders.

MAX

FFP

SIXTH ORDERING PERIOD. The contractor shall provide up to 12 trailers with warranty and manuals IAW Sections C, and J Attachments/Exhibits.

To be specified under individual delivery orders.

MAX

FFP

SIXTH ORDERING PERIOD. The contractor shall provide PIO IAW Sections C, H, and J Attachments/Exhibits.

Stepladder pricing may be entered as set forth in Section J.

To be specified under individual delivery orders.

NOTE: NTE OF $200,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

MAX

T&M SIXTH ORDERING PERIOD: The contractor shall provide all materials/supplies to support repairs and maintenance of the SWCS IAW Section J Attachments/Exhibits. To be specified under individual delivery orders.

Price will be based on actual costs plus applicable material handling fees.

NOTE: NTE OF $50,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

TOT MAX PRICE

CEILING PRICE

CPFF

SIXTH ORDERING PERIOD. The contractor shall provide engineering services and configuration management IAW Sections C and J, Attachments/Exhibits.

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

FFP

SIXTH ORDERING PERIOD. The contractor shall provide logistics and training support of the SWCS Systems IAW Section C and J Attachments/Exhibits.

MAX

T&M SIXTH ORDERING PERIOD: If required, the contractor shall travel in support this contract for reviews, meetings, and repairs IAW Joint Travel Regulation (JTR) and Sections C and J, Attachments/Exhibits.

NOTE: NTE OF $50,000.00 HAS BEEN ESTABLISHED FOR THIS CLIN; OFFEROR DOES NOT NEED TO COMPLETE FILL-INS.

TOT MAX PRICE

CEILING PRICE

SECTION C – DESCRIPTIONS AND SPECIFICATIONS

DESCRIPTION OF REQUIREMENT

C.1 The contractor shall provide all labor, equipment, tools, supervision, and other items or services as needed in accordance with Section J attachments. All work called for by the contract line items specified in Section B shall be performed in accordance with Section J Attachments and Exhibits or as cited on individual delivery orders issued under this contract.

SECTION D – PACKAGING AND MARKING

CLAUSES INCORPORATED BY FULL TEXT

5652.246-9000 Marking of Warranted Items (1998)

Each item covered by a warranty shall be stamped or marked with the contract number, item description, and ship to address. Items shall also include markings that state (i) the existence and substance of the warranty, (ii) the warranty duration, and (iii) who to notify if supplies are found to be defective. Where this is impractical, written notice shall be attached to or furnished with the warranted item.

(end of clause)

5652.247-9000 Packaging & Marking - F.O.B. Destination (1998)

The shipping, address, contract number, device number, and any other "MARK FOR" information shall be clearly marked on the outside of all packages shipped under this contract. Information shall be easily identified without opening the package. This information shall also be included on the inside of all packages.

SECTION E – INSPECTION AND ACCEPTANCE

INSPECTION AND ACCEPTANCE

1. Material and services for the following CLINs will be inspected, accepted and delivered in place at the builder’s facility:

Basic Contract: 0001, 0002

Option CLINS: 0003, 0004, 0009, 0010, 0012-0014, 0020-0022, 0028-0030, 0036-0038, 0044, 0045, 0047, 0052, 0053

2. Material and services for the following CLINS will be inspected and accepted at destination as stated in individual contract modifications/delivery orders:

Option CLINS: 0005-0008, 0011, 0015-0019, 0023-0027, 0031-0035, 0039-0043, 0046, 0048-0051, 0054-0058

3. All technical data delivered under this contract will be inspected, accepted at and delivered to the PMS Naval Special Warfare (NSW) Program Office:

Program Executive Office Littoral and Mine Warfare ATTN: PMS NSW SSP (Alison Dreiss) 614 Sicard Street, SE Stop 7003 Washington Navy Yard, DC 20376-7003

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

52.246-11 HIGHER-LEVEL CONTRACT QUALITY (FEB 1999)

The Contractor shall comply with the higher-level quality standard identified below.

QUALITY MANAGEMENT SYSTEM REQUIREMENTS

Quality Management System Requirements. The Contractor shall provide and maintain a quality management system that, as a minimum, adheres to the requirements of ANSI/ISO/ASQ 9001-2000 Quality Management Systems, or equivalent quality standard and supplemental requirements imposed by this contract. The quality management system procedures, planning, and all other documentation and data that comprise the quality management system shall be made available to the Government for review. Existing quality documents that meet the requirements of this contract may continue to be used. The Government may perform any necessary inspections, verifications, and evaluations to ascertain conformance to requirements and the adequacy of the implementing procedures. The Contractor shall require of subcontractors a quality management system achieving control of the quality of the services and/or supplies provided. The Government reserves the right to disapprove the quality management system or portions thereof when it fails to meet the contractual requirements.

(End of clause)

5652.246-9001 Material Inspection and Receiving Reports (DD 250) Addresses (2001)

Material Inspection and Receiving Reports shall be transmitted electronically in accordance with DFAR 252.246-7000 to the following addresses:

(TBD)

SECTION F – DELIVERIES OR PERFORMANCE

HARDWARE DELIVERY SCHEDULE

CLIN 0001 CID Task 7 months after contract award

CLIN 0003 SWCS EMD System 32 months after option exercise

CLIN 0004 Trailer for CLIN 0003 32 months after option exercise

CLIN 0007 Materials for Maintenance and Repairs 45 days after option exercise

CLIN 0012 SWCS First Article Systems (2) 14 months after award of delivery order (est April 2014 for System 1 and July 2014 for System 2)

CLIN 0013 Trailers for SWCS (2) Same as CLIN 0012

Remaining hardware CLINS shall be delivered at a rate of 1 SWCS System, 1 Trailer, and related spares every 90 days. Specific dates will be set forth in delivery orders beginning with CLIN 0014.

SECTION G – CONTRACT ADMINISTRATION DATA

CONTRACT ADMINISTRATION DATA

Procuring Contracting Officer (PCO):

(a) Mr. Craig Bowers.

USSOCOM, HQ Procurement Division

SORDAC-KW

7701 Tampa Point Blvd MacDill AFB, FL 33621-5323 Phone: (813) 826-7515; FAX: (813) 826-7054 E-mail: bowersc@socom.mil

(b) PCO responsibilities are outlined in FAR 1.602-2. The PCO is the only person authorized to approve changes in any of the requirements of this contract or orders issued thereunder and, notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the PCO’s. The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer or is pursuant to specific authority otherwise included as part of this contract. In the event the contractor effects any change at the direction of any person other than the PCO, the change will be considered to be unauthorized.

(c) All correspondence concerning contractual matters related to this contract shall be addressed to the Procuring Contracting Officer listed above with copies to the Program Executive Office, Littoral Mine Warfare: Codes PMS NSW SSP, the COR, and the cognizant NSWC PC technical representative.

Contract Specialist:

(a) Ms. Tammy Bair USSOCOM, HQ Procurement Division

SORDAC-KW

7701 Tampa Point Blvd MacDill AFB, FL 33621-5323 Phone: (813) 826-6957; FAX: (813) 826-7054 E-mail: tammy.bair@socom.mil

(b) The Contract Specialist is the representative of the Contracting Officer for all contractual matters.

(c) Any correspondence concerning technical matters (ECPs, Waivers, Deviations, Clarification or Drawings, Specifications, etc.) shall be forwarded directly to the Contract Specialist with copies to the COR and Assistant

COR.

Administrative Contracting Officer (ACO)

(a) TBD (SUPSHIP or DCMA as appropriate)

(b) The Administrative Contracting Officer (ACO) of the cognizant Defense Contract Management Agency (DCMA) is designated as the authorized representative of the Contracting Officer for purposes of administering this contract in accordance with FAR 42.3. However, in view of the technical nature of the supplies and services to be furnished, technical cognizance is retained by the Naval Surface Warfare Center, Panama City.

Contracting Officer’s Representative (COR):

(a) TBD

Assistant COR:

(b) TBD

(c) The COR is the PCO’s appointed representative for technical matters. The COR is not a contracting officer and does not have the authority to direct the accomplishment of effort which is beyond the scope of the contract or to otherwise change any contract requirements. An informational copy of the COR appointment letter which provides a delineation of COR authority and responsibilities is provided as an attachment to this contract.

Paying Office

(a) Name: TBD

(b) The Paying Office makes all payments under the contract.

5652.216-9000 Fixed Fee Information (2003)

Subject to the requirements of FAR 52.216-8 and all other withholding requirements of this contract, the fixed fee stated in Section B shall be paid to the contractor at the same percentage rate as the percentage of incurred and allowable costs proportionate to the total estimated cost.

5652.232-9001 Invoicing (2005)

(a) The contractor shall segregate and bill separately costs for each Delivery/Task Order issued under this contract. Cost for performing work set forth in one Delivery/Task Order shall not be allowable under any other Delivery/Task Order.

(b) If a Delivery/Task Order contains multiple CLINs/SLINs the contractor shall segregate and bill separately the costs for each CLIN/SLIN of the Delivery/Task Order.

(c) The cost of performing work set forth on one CLIN/SLIN shall not be allowable under any other CLIN/SLIN.

(d) The contract number and Delivery/Task Order number shall appear on correspondences and invoices. For complete instruction on submittal of proper invoices under this contract, the contractor is instructed to contact the paying office as stated in Block 25 of the award form

5652.232-9003 Paying Office Instructions (2005)

(a) The Primary Contracting Office Point of Contact is: Tammy Lee Bair, USSOCOM/SORDAC-KW, 7701 Tampa Point Blvd., MacDill AFB, FL 33621; tammy.bair@socom.mil 813-826-6957.

(b) The Administrative Contracting Office Point of Contact is: (Insert Contracting Officer or Specialist name, organization, address, e-mail and- phone number to be provided at time of award.)

(c The Contracting Officer’s Representative is (COR name, organization, address, and phone number to be provided at time of award.)

(d) Invoice(s) should be forwarded directly to the following designated billing office:

(e) Payment will be made by the office designated in Block 12 on Standard Form 26, Block 25 on Standard Form 33, or Block 15 on DD form 1155, Block 18a on Standard Form 1449, or otherwise designated paying office.

(f) Payment to the contractor shall be mailed to the following address (to be provided at award if applicable.)

(g) Special Payment Instructions: (Insert special paying instructions if any).

Contracting Office completes at award.

Vendor/Contractor CAGE CODE:

CONTRACT ADMIN DODAAC:

INSPECTION DODAAC/BPN:

PLUS SIX EXT:

ACCEPTOR / SHIP TO DODAAC/BPN:

PLUS SIX EXT:

LOCAL PROCESSING OFFICE:

PLUS SIX EXT:

PAY/DISBURSING OFFICE DODAAC:

E-MAIL POINT OF CONTACT LISTING (maximize use of group e-mail accounts):

INSPECTOR:

ACCEPTOR:

CONTRACT ADMINISTRATOR:

ADDITIONAL CONTACT:

5652.232-9004 Distribution of Vouchers/Invoices (2005)

(a) The contractor shall forward vouchers/invoices electronically to the addresses below in a simultaneous mailing.

(1) Original and six copies shall be submitted to:

USSOCOM

ATTN: SORDAC-PEO-M&R (TBD)

MacDill AFB, FL 33621-5323

(2) One copy shall be submitted to the Contracting Officer:

USSOCOM

ATTN: SORDAC-KW (Tammy Bair) 7701 Tampa Point Blvd MacDill AFB, FL 33621-5323

Contract completion voucher shall be submitted through the DCAA Contract Auditor to the Defense Contract management Command (DCMC) Administrative Contracting Officer (ACO), or to the PCO who signed this contract if no DCMC ACO has been designated, for approval and transmittal to the cognizant disbursing office.

(b) Contract Completion voucher shall be submitted to: (Insert office where the final invoice will be submitted along with instructions to the DCAA for forwarding the final invoice to the ACO or CO where applicable.) To be completed upon award.

(c) Transmission of multiple copies of vouchers/invoices to one electronic address is not required when electronic submission of vouchers/invoices is required by the contract.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

SPECIAL CONTRACT REQUIREMENTS

H.1 PROVISIONING

1. The Government may require the contractor to furnish for delivery, at times and places to be determined, Spare Parts. Refer to CDRL ___, Section J.

1. The contractor can only charge the Original Equipment Manufacturer’s (OEM) price based on a catalog or market price, adjusted to reflect quantities to be acquired or kept on hand and charge a material and handling fee not to exceed 5.0%. No Overhead, G&A or profit is authorized. Where it is necessary for the contractor to modify the OEM’s part because of contract requirements, the contractor is allowed reimbursement for only the actual costs incurred.

1. The list will be effective for the period of the specified period, e.g., basic for two years or one year for the specific option period. The contractor may modify his pricing within 45 days after the exercise of the option. If the contractor does not, the prices will remain in effect from the last option period. If applicable, any additions/deletions shall be incorporated on quarterly basis.

1. The Government may at its discretion issue a provisioned items order for spare and replacement parts without first reaching an agreement as to prices. In such cases, the Contracting Officer will issue the order with a NTE price for each item at the prices contained in the PPL. The Administrative Contracting Officer shall definitize such order within 60 days. In no case will the Government’s liability for an individual part exceed that price quoted by the Contractor in provisioning parts list cost proposal. If agreement can not be reached on the price of the items the Contracting Officer or Administrative Contracting Officer may issue a unilateral document definitizing the prices. The contractor may dispute the definitizing modification in accordance with the Disputes clause.

H.2 GOVERNMENT FURNISHED PROPERTY

Pursuant to the Government Property Clause herein, the Government may furnish the item(s) of property listed under Section J attachments as Government-Furnished Property (GFP) or Equipment (GFE) to the Contractor, FOB Destination for use in performance of this contract. Upon completion of the contract, the Contractor shall obtain disposition instructions from the Government Property Administrator of the activity having responsibility for administration of the contract.

H.3 CONFIGURATION CHANGES

The Firm Fixed Price (FFP) SWCS Systems and trailers on this contract will be used as a baseline to negotiate fair and reasonable prices for any configuration changes. Development of configuration changes subsequent to this baseline will be accomplished as an Engineering Change Proposal (ECP) IAW Section J, Exhibit.

H.4 DOWNSELECT TO ONE CONTRACTOR

After delivery of the CID Tasks and completion of the Government’s evaluation, the Government shall make a best value determination to award the First Article Systems and remaining CLINS based upon the overall evaluation of the contractor’s proposal and any revisions thereto in accordance with the same evaluation instructions and criteria as outlined under Request for Proposals H92222-10-R-0005.

H.5 DATA RIGHTS

As certified under Section K, Provision DFARs 252-227-7017, the contractor asserts for itself, or the persons identified below, that the Government’s right to use, release, or disclose the following technical/software data should be restricted as such:

TO BE COMPLETED AT AWARD OF A CONTRACT.

H.6 MANDATORY REQUIREMENTS

The following two mandatory requirements (Small Business Subcontracting and Security) must be met by the offeror in order to be eligible for award of the resulting contract. In addition, these requirements must be maintained throughout the performance of the contract.

(a) SMALL BUSINESS SUBCONTRACTING If the prime contractor is a large business (as defined in FAR 19.102), a mandatory small business subcontracting requirement of 20% of the total contract dollar value applies to the life of the contract (including any exercised options or extensions to the performance period of the contract).

FIXED FEE RATE REDUCTION INCENTIVE

a. This contract contains a fixed fee rate reduction incentive.

b. The fixed fee rate reduction incentive applies to all CPFF CLINS on the contract, including exercised options.

c. The fixed fee rate reduction incentive will only apply to the total overall fixed fee for all applicable CLINS that are obligated on the contract at the time of the fixed fee rate reduction incentive determination.

d . The contractor’s performance relative to the mandatory small business participation will be assessed every six months by a review of the contractor’s written submission to the Subcontracting Reporting System (eSRS), an electronic web-based system for Government contractors. Fixed fee reductions, if necessary, will be done on a yearly basis, beginning one year from the date of contract award.

e. The fixed fee rate reduction incentive will be assessed against the cumulative amount of the obligated funding amount for each applicable CLIN on the contract.

f. If the contractor has not met the mandatory small business subcontracting requirement, a modification will be issued taking the appropriate fixed fee reduction in accordance with the terms identified herein.

g. The methodology to determine the fixed fee rate reduction incentive is as follows: Fixed fee will be reduced by 1% for each percentage point that the mandatory requirement is not met. For example, if only 15% of the 20% small business subcontracting mandatory requirement is met, then a fixed fee rate reduction of 5% shall be applied against the total fixed fee amount.

(b) SECURITY

At time of award the contractor’s facility supporting this contract must have a facility security clearance issued by the Defense Investigative Service at the SECRET level. This facility security clearance must be maintained throughout the performance period of the contract.

Additional OPSEC requirements are set forth on the DD Form 254, Contract Security Classification Specification, attached hereto.

5652.204-9003 Disclosure of Unclassified Information (2007)

a. On September 21, 2001, the Department of Defense designated Headquarters US Special Operations Command (USSOCOM) a sensitive unit, as defined by Title 10 United States Code (USC) Section 130b (10 USC 130b). In keeping with this designation, unclassified information related to USSOCOM military technology acquisitions managed by USSOCOM or any of its component commands, will be designated Controlled Unclassified Information (CUI). As such, the contractor hereby unequivocally agrees that it shall not release to anyone outside the Contractor’s organization any unclassified information, regardless of medium (e.g., film, tape, document, contractor’s external website, newspaper, magazine, journal, corporate annual report, etc.), pertaining to any part of this contract or any program related to this contract, unless the Contracting Officer has given prior written approval. Furthermore, any release of information which associates USSOCOM, Special Operation Forces (SOF), or any component command with an acquisition program, contractor, or this contract is prohibited unless specifically authorized by USSOCOM.

b. Request for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The contractor shall submit the request to the Contracting Officer at least 45 days before the propose date for release for approval. No release of any restricted information shall be made without specific written authorization by the Contracting Office.

c. The Contractor shall include a similar requirement in each subcontract under this contract. Subcontractors shall submit request for authorization to release through the prime contractor to the Contracting Officer.

d. The Contractor further understands that Title 18 USC Section 701 specifically prohibits the use of the USSOCOM emblem or logo in any medium (e.g., corporate website, marketing brochure, news paper, magazine, etc.) unless authorized in writing by USSOCOM. Forward any request to use the USSOCOM emblem or logo through the Contracting Officer.

5652.209-9003 Use of Contractor Support/Advisory Personnel as Contract Specialists (2006)

The contractor’s attention is directed to the fact that contractor personnel may assist the Government in a contract administrator role for administration of this contract. Execution of this contract constitutes approval to release the contract and contractor’s proposal to Government Support Contractors who have signed Non-Disclosure and Rules of Conduct/Conflict of Interest Statements.

SECTION I – CONTRACT CLAUSES