H92222-10-T-0002 HPRP.pdf

HQ USSOCOM SORDAC-K

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H92222-10-T-0002 03-Dec-2009

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H92222-10-T-0002

Section SF 1449 - CONTINUATION SHEET

SCHEDULE B – SUPPLIES OR SERVICES AND PRICES

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 200 Each HPRP Training per trainee

FFP

Human Performance, Restoration, and Pre-habilitation (HPRP) training in accordance with Section C, paragraph 2.1.

Not-To-Exceed 200 trainees annually FOB: Contractor Facility

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 200 Each OPTION Advanced HPRP Training per trainee

FFP

Human Performance, Restoration, and Pre-habilitation (HPRP) training in accordance with Section C, paragraph 2.4.

Not-To-Exceed 200 trainees annually

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Lot Travel

COST

Travel estimated for evaluatin and initial contract award.

Amount will be modified if required to meet actual travel requirements after contract award.

FOB: Destination

MAX COST

SCHEDULE C – STATEMENT OF WORK (SOW)

HUMAN PERFORMANCE, RESTORATION &

PRE-HABILITATION (HPRP) TRAINING

1.0 SCOPE. The contractor shall provide HPRP education, didactic instruction and skills proficiency based on Human Performance theory, Masters level Exercise Science, Exercise Physiology and Athletic Training competencies used within athletic programming for elite or Tactical Athlete populations and shall include the following topics:

The Contractor shall develop a program to qualify Special Operations Forces (SOF) Operators as Military Mentors (MM) and if the option is exercised, Functional Training Instructor Candidates (FTIC) using strength and conditioning theory and methodology , pre-habilitative techniques, regeneration techniques, dietary planning and testing strategy, pillar strength, movement preparation, acceleration, plyometrics, multi-directional speed, absolute speed, energy system development, whole body deceleration, Olympic lifting techniques and periodic program development.

At the end of this training, up to 200 Special Operations Forces (SOF) personnel shall have achieved the level of a SOF Human Performance MM and/or FTIC. If exercised via a contract option, the contractor shall also provide advanced HPRP training as detailed below.

Use of the word training in this SOW is inclusive of all the precedent didactic needs, sub tasks, skills instruction, rehearsal periods and risk mitigation necessary to accomplish effective, accelerated learning.

High-risk training combined with extended deployments in harsh environments place a continuous attrition tax on the SOF Operator. The Contractor shall train MMs and FTIC in techniques focused on optimizing human performance, limiting attrition and gross manpower losses from mishap or occupational injuries resulting from engagement in high-risk activities. HPRP training should guide the subject in supporting the rapid recovery, prehabilitation and re-conditioning of injured operators directly supporting the heart of Joint Special Operations capabilities.

The SOF Operator is required to properly condition, both physically and mentally, using Specific Physical Preparations (SPP) derived from a formal analysis of injury etiology, SOF combat and direct support operations and examination of the chronic wear patterns that significantly degrade the desired three decade service life of the organizations Human Capital. This training will allow SOF to capitalize on advances in exercise science, effectively use and support the professional sports model and implement technology improvements that increase resilience and provide the enduring ability to self maintain specific physical performance. The contractor shall train MMs and FTIC to provide individualized and specialized methods that rapidly restore operators to a SOF specific level of Military Performance, including those that have been degraded or de-conditioned in the line of duty.

2.0 REQUIREMENTS.

2.1 HPRP Training Requirements.

2.1.1 General Requirements. The contractor shall provide Human Performance, Restoration, and Pre-habilitation training for up to 200 personnel within a 12-month period. When delivering this training, the contractor shall manage and implement an accurate Performance based strength and conditioning protocol supported by Restoration teams with subsequent assessment and testing of individuals or large groups (ranging from 1 to 50 trainees at a time).

2.1.2 Minimal Training Time. In providing this training, the contractor shall provide a minimum of 90-hours, face-to-face instruction for each trainee.

2.1.3 Training Staff Qualifications. All Contractor HPRP Staff must possess an occupational history of at least five years professional employment in their respective area of expertise. In executing this training, the contractor shall provide and possess the following support personnel:

2.1.3.1 Athletic Trainers (AT) and Physical Therapists(PT) The contractor shall provide ATs and PTs that are able to teach solutions for degraded tactical athletes, instruct and perform movement screenings, perform targeted orthopedic assessment, utilizing pre-habilitation concepts integrated within a global medical approach (Holistic) verses problem orientated mindset.

2.1.3.2 Metabolic Specialist (MS) The contractor shall provide MS. The MS shall be capable of testing and designing individual and template programs and /or protocols for all three energy pathways.

2.1.3.3 Performance Nutritionist (PN) The contractor shall provide Certified Specialist in Sports Dietetics (CSSD) that understand sports nutrition and the integration of nutritional training / timing with cyclic SOF physical demands. Additionally, the PN shall be capable of providing and teaching one-on-one nutritional consultations, capable of assessing body composition and lean body mass to reveal opportunity for improvement and aid in goal setting processes.

2.1.3.4 Performance Specialist (PS) The contractor shall provide PS that are qualified and certified in all aspects of baccalaureate Exercise Science and the National Strength and Conditioning Association Certified Strength and Conditioning Specialist course of instruction. The PS shall serve as the primary labor provider for execution of the practical skills portion of HPRP training. For proposal development personal trainers are not considered a commensurate skill set to the PS.

2.1.4 HPRP Modalities. Contractor professional staff shall have knowledge and proficiency in the following modalities including, but not limited to:

Progressive Resistance Exercise (PRE), Open and Closed Chain Kinetic Exercises, Proprioceptive Neuromuscular Facilitation (PNF), Graston and/or Astym techniques, joint mobilization, hydrotherapy, hydrocollator, cryotherapy, ultrasound, phonophoresis, iontophoresis, and all varieties of muscle stimulation. Contractor personnel shall also have knowledge and certification where applicable of the following equipment sets: Biodex Isokinetic, motorized and non – motored treadmills , free form weights, pneumatic resistance devices, selectorized resistance devices, proprioception training devices, aquatic therapeutic devices and instruction in therapeutic, corrective and rehabilitative exercises using specific equipment and strength training devices.

2.1.5 Performance and National Standards. The contractor training staff and performance coaches shall meet National Strength and Conditioning Association standards. The trainers and performance coaches shall be Certified Strength and Conditioning Specialists (CSCS). The contractor shall provide evidence of certification upon request.

2.1.6 Facilities and Equipment. The contractor shall have multiple facilities and equipment sets, kits and outfits that allow for education and training to be conducted in centralized and de-centralized environments with no degradation in deliverables or requirements detailed in 1.0.

2.1.7 Currency of Contractor Personnel. The contractor’s staff must possess knowledge of best practice teaching techniques and practical experience conducting strength and conditioning educational classes; and of goal setting, behavior change theories, human behavior, motivational strategies, and counseling techniques to deliver programmed physical training to SOF groups and individuals with varying stamina and performance capacities.

2.1.8 Core Competencies. In providing this training, the contractor’s staff shall possess the following Performance core competencies: “Performance based strength and conditioning , prehabilitative techniques, regeneration techniques, dietary planning and testing strategy, pillar strength, movement preparation, acceleration, plyometrics, multi-directional speed, absolute speed, energy system development, whole body deceleration , Olympic lifting, and periodic program development out to two year MESO cycles to qualify SOF Operators as MMs and FTICs.”

Restoration, Prehabilitation and Screening Core Competencies. The contractor’s staff shall have the technical ability to conduct and teach musculoskeletal pre-screening methods that mitigate and quantify pre-participation risks. Specific to this process is the Functional Movement Screen TM, and the detailed PT quadrant screening that recognizes the precursors and predisposed states leading to acute orthopedic and soft tissue athletic injuries. Additionally, the contractor must possess topic specific knowledge of the Department of Defense (DoD) Services Personnel Fitness Assessments, Risk Questionnaires and environmental control methods.

2.1.9 MM and FTI Instruction. The contractor shall provide instruction to the FTI candidate and MM participant on the criteria for HP Integrated Performance staff success. Deliver lecture and practical exercises that train and test the participant on the SOF Tactical Athletes repair model. (See Figure 1).

2.1.10 Occupational Demand and Analysis Process. The contractor shall provide instruction and didactic learning process to the FTIC candidate and MM participant on the occupational demand analysis process. The Contractor will tailor and implement this skill set for Performance Training in garrison and austere environments.

2.1.11 General Medical Knowledge. The contractor staff shall possess and maintain vocational knowledge of common diseases, prognosis, medication, treatment methods, disease response to exercise, and medical terminology to apply this information to individual strength and conditioning program needs.

Additionally the contractor shall have requisite knowledge of the difference between DOD Military and Civilian patient care plans written by DOD covered entities versus plans written by Civilian Practitioners.

2.2 Briefing Program Information. Along with this training, the contractor shall develop and deliver at least five briefings to SOF leadership that convey program information and interpretations of performance data relevant to USSOCOM and Component Human Performance Managers (HPM).

2.3 Deliverables. All deliverables shall be formally submitted to and accepted by the

Contracting Officer.

2.3.1 Technical Manuals. The contractor shall provide 300 course manuals of the MM curriculum. 200 of these manuals shall be provided to the students during training. The remaining 100 manuals shall be sent to the Contracting Officer.

The course manual shall detail the objectives, conditions and success criteria for teaching HP to large groups, above 60 student athletes per course, and within small unit dynamics, both in garrison and deployed settings. The Contractor shall provide an electronic copy of the course manual in a Microsoft Office format.

2.3.2 Performance and Injury Tracking Report. The contractor shall provide and process participant and injury-tracking data information regarding performance progress, injury trends, and return to work estimates. The Contractor shall analyze, interpret and evaluate strength and conditioning program data. The format shall be mutually agreed upon within 90-days of contract award.

2.3.3 Quarterly Activity Reports. The contractor shall provide a quarterly activity report in Microsoft Office format. The report shall provide a status on deliverables and the training provided to date.

2.4 CONTRACT OPTION-Advanced HPRP Training. If exercised, the contractor shall provide sequential advanced education and training. The training shall provide core competencies and requisite teaching skills necessary for assignment as a SOF Functional Training Instructor (FTI) to Human Performance staffs or operational units as cadre. The Contractor will develop and provide a sequential continuum of training based on mastery of the core competencies of HPRP Block 1, described in paragraph 2.1 thru 2.3.5. Assignment, and/or staffing of this option shall heavily emphasize the contractor’s commercial capability to provide physical, visual and psycho-motor learning segments, facilitation and direct instruction of complex high demand physical tasks. Advanced HPRP Trainees shall be able to demonstrate the ability to rapidly and effectively teach, then test, functional risk mitigation strategies and techniques in all density and demand situations of the SOF Athletic Training and restoration environment.

2.4.1 General Requirements. The Contractor shall provide Advanced HPRP training for up to 200 personnel within a 12-month period. When delivering this training, the contractor shall manage and implement an accurate strength and conditioning assessment for individuals or large groups (ranging from 1 to 50 trainees at a time).

2.4.2 Minimal Training Time. In providing this training, the contractor shall provide a minimum of 90-hours of face-to-face instruction for each Advanced HPRP trainee.

3.0 PERFORMANCE AND TRAVEL

3.1 Period of Performance. The period of performance will be a base period (12 months) with one option CLIN for advanced training. The option CLIN may be exercised during the base period of performance. The Government plans to award the contract during January 2010 for a period of performance beginning 1 February 2010.

NOTE: Offerors that cannot satisfy the required start date shall identify that in their proposal submission. The start date is a requirement. Accordingly, offerors that cannot begin performance on 1 February 2010 will be removed from consideration for contract award.

3.2 Place of Performance. The contractor shall be responsible for the appropriate space, facilities and equipment for contract performance through the life of the contract. All performance locations shall be within the continental United States

(CONUS).

3.3 Travel – If required, travel will be requested, coordinated and approved by the COR prior to occurring. Travel costs will be in accordance with the Joint Travel Regulations and not exceed the amount authorized on the contract/task order.

4.0 GLOSSARY OF TERMS.

Athletic Trainer is defined as defined by the National Athletic Trainers' Association

(NATA).

Functional Movement Screen TM which is a specific screening method depicted at www.functionalmovement.com.

Functional Training Instructor is defined as the title assigned to SOF Non-Commissioned Officers (NCO) trained in integrated HPRP methodology at the user and team level.

Qualified to teach basic and intermediate HP and Restorative techniques to team members, supporting the lowest or user level of the Tactical Athlete preparations.

Graston and/or Astym Techniques are defined at www.astym.com.

Human Performance Theory is defined as the body of principles, teaching techniques, and advanced science from baccalaureate level Exercise Science curriculum.

Metabolic Specialist is defined as a HP professional who specifically performs and provides custom and templated conditioning plans for all three physical energy producing pathways. Identified as the oxidative, glycolytic and ATP-CP cellular energy producing mechanisms.

Military Mentor is defined as the descriptor assigned to a SOF NCO who has been trained at the user level in maintenance, preservation, and performance requirements of the human weapons system.

Movement Preparation is defined as the body of movement patterns and sequential physical preparations for high intensity conditioning.

Pillar Strength is defined as the capacity to maintain posture and reduce asymmetrical loading during periods of high occupational demand, high intensity training or any proprioceptive challenge.

Regeneration Techniques are defined as the group of techniques used by integrated performance teams to reduce the recovery time between conditioning sessions.

Occupational Demand Analysis Process is the specific process by which HP personnel reverse engineer the SPP conditioning protocol of the Tactical Athlete.

SOF Tactical Athlete is defined as an employed, or deployed SOF operator who is engaged in performance of his technical and tactical mission essential skill-sets versus an adversary in both known and unknown environments.

SOF Tactical Athletes Repair Model is illustrated in Figure 1.

5.0 OTHER REQUIREMENTS.

5.1 Privacy Act Records Management. The contractor shall maintain ‘For Official

Use Only’ records on all education, training and testing delivered to SOF participants and summarizes effectiveness yield by quarterly report to the USSOCOM HPM. The contractor will agree to contain demographic and performance information on SOF personnel within the guidelines of Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the Privacy Act of 1974. The contractor is required to maintain physical process controls and have stated ethical business practices that documents and safeguards SOF fitness levels and / or restorative modalities. Confidentiality. This project and all materials provided to the contractor by the Government and results, conclusions, and recommendations obtained thereof should be considered confidential in nature and treated with the same level of confidentiality as prescribed in the Privacy Act of 1974, 5 U.S.C. 552a, sub-paragraph (b) Conditions of Disclosure.

The information shall not be disclosed, copied, modified, used (except in the completion of this project) or otherwise disseminated to any other person or entity at any time to include, but not limited to inclusion in any database external to the Government without prior approval from the Contracting Officer. Moreover, no data provided to, or developed by, the contractor shall be used for any purpose other than this contract. All information (data files and hard copy) becomes the property of the Government and the contractor shall return them to the USSOCOM HPM upon the completion of the contract.

Figure 1.

SCHEDULE E – INSPECTION AND ACCEPTANCE

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Origin Government Origin Government 0002 Origin Government Origin Government 0003 Destination Government Destination Government

SCHEDULE F – DELIVERIES AND PERFORMANCE

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-FEB-2010 TO

31-JAN-2011

NTE 200 N/A

H92222

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

SCHEDULE G – CONTRACT ADMINISTRATION DATA

WIDE ARE WORK FLOW

Memorandum for Wide Area Work Flow (WAWF) – Electronic Receiving Report and Invoicing Instructions, Contract H92222-10-T-0002

1. In accordance with DFARS 232.7002, and SOFARS 5652.232-9003, use of electronic payment requests is mandatory. WAWF will speed up payment processing time and allow you to monitor payment status online. There are no charges or fees associated with the use of WAWF. For more information on WAWF, go to https://wawf.eb.mil.

2. The accounts payable address can be found on the SF 26, SF 1449, SF 33 your order. You can easily access payment information using the DFAS web site at http://www.dod.mil/dfas/. Your contract number and order number (if applicable), or invoice will be required to inquire status of your payment. Go to DFAS on the web at http://www.dod.mil/dfas/contractorpay.html.

3. The following codes will be required to route your receiving reports, invoices, and additional e-mail to correctly process through the WAWF system.

4. Remaining blocks will be filled in upon award.

TYPE OF DOCUMENT: Combo

Vendor/Contractor CAGE CODE:

ISSUING OFFICE DODAAC: H92222

CONTRACT ADMIN DODAAC: H92222

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:

INSPECTOR:

ACCEPTOR:

CONTRACT ADMINISTRATOR: ashley.north@socom.mil

CONTRACTING OFFICER: julia.deloach@socom.mil

ADDITIONAL CONTACT: amy.chauvin@socom.mil

SCHEDULE I – CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

52.212-1 Instructions to Offerors--Commercial Items JUN 2008 52.212-4 Contract Terms and Conditions--Commercial Items MAR 2009 52.219-8 Utilization of Small Business Concerns MAY 2004 52.219-9 Alt II (Dev)

Small Business Subcontracting Plan (Apr 2008) Alternate II (Devation)

OCT 2001

52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country

DEC 2006

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2009)

(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)).

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: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, 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).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

(MAR 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and

Reinvestment Act of 2009.)

__(4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (MAR 2009) (Pub. L. 111- 5).

___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

___ (6) 52.219-4, 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).

___ (7) [Reserved].

___ (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-6.

___ (iii) Alternate II (MAR 2004) of 52.219-6.

___ (9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-7.

___ (iii) Alternate II (MAR 2004) of 52.219-7.

_X_ (10) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)).

_X_ (11)(i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (15 U.S.C. 637(d)(4)).

___ (ii) Alternate I (OCT 2001) of 52.219-9

___ (iii) Alternate II (OCT 2001) of 52.219-9.

_X_ (12) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

_X_ (13) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (14)(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).

___ (ii) Alternate I (JUNE 2003) of 52.219-23.

___ (15) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting

(APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (16) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000)

(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004)

(U.S.C. 657 f).

___ (18) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C.

632(a)(2)).

_X_ (19) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

_X_ (20) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (AUG 2009) (E.O.

13126).

_X_ (21) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

_X_ (22) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

___ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of theVietnam Era, and Other

Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

___ (24) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29

U.S.C. 793).

___ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other

Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

___ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004)

(E.O. 13201).

___ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) (Not Applicable until September 8, 2009.)

___ (28)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY

2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(c)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) .

___ (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products

(DEC 2007) (E.O. 13423).

___ (ii) Alternate I (DEC 2007) of 52.223-16.

___ (31) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d).

___ (32)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-

10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

___ (ii) Alternate I (JAN 2004) of 52.225-3.

___ (iii) Alternate II (JAN 2004) of 52.225-3.

___ (33) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (34) 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).

___ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

___ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10

U.S.C. 2307(f))

___ (38) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

_X_ (39) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31

U.S.C. 3332).

___ (40) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY

1999) (31 U.S.C. 3332)

___ (41) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

___ (42) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

___ (43)(i) 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).

____ (ii) Alternate I (APR 2003) of 52.247-64.

(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: (Contracting Officer check as appropriate.)

____ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C.

351, et seq.).

____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and

Option Contracts) (NOV 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (February 2002) (29

U.S.C. 206 and 41 U.S.C. 351, et seq.)

____ (5) 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.).

____ (6) 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.).

____ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

____ (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 (DEC 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (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 $550,000 ($1,000,000 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 Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O.

13201).

(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). (Not applicable until September 8, 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.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to contract expiration.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 30 months.

(d) The period of performance for the contract option shall be from the effective date of the modification exercising the contract option for up to 12 months.

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the

52.252-2 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/

252.204-7000 DISCLOSURE OF INFORMATION (DEC 1991)

(a) The Contractor shall not release to anyone outside the Contractor's organization any unclassified information, regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to this contract, unless--

(1) The Contracting Officer has given prior written approval; or

(2) The information is otherwise in the public domain before the date of release.

(b) Requests 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 its request to the Contracting Officer at least 45 days before the proposed date for release.

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

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JUL 2009)

(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.

___ 52.203-3, 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).

(2) ___ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C.

2416).

(3) _X_ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C. 637).

(4) ___ 252.219-7004, Small Business Subcontracting Plan (Test Program) (AUG 2008) (15 U.S.C. 637 note).

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

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

(7) ____ 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (JUL 2009) (10 U.S.C. 2533b).

(8) ____ 252.225-7012, Preference for Certain Domestic Commodities (DEC 2008) (10 U.S.C. 2533a).

(9) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a).

(10) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (MAR 2006) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).

(11) ____ 252.225-7021, Trade Agreements (JUL 2009) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).

(12) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779).

(13) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C.

2755).

(14)(i) ____ 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (JUL 2009) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note).

(ii) ___ Alternate I (JUL 2009) of 252.225-7036.

(15) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)).

(16) ____ 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).

(17) __X__ 252.227-7015, Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320).

(18) __X__ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321).

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

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

(21) ____ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).

(22)____ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL 2009) (Section 884 of Public Law 110-417).

(23)(i) ____ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(ii) ____ Alternate I (MAR 2000) of 252.247-7023.

(iii) ____ Alternate II (MAR 2000) of 252.247-7023.

(iv) ____ Alternate III (MAY 2002) of 252.247-7023.

(24) ____ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

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

(2) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL 2009) (Section 884 of Public Law 110-417).

(3) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(4) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

5652.201-9002 Authorized Changes Only by Contracting Officer (2005)

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. Except as specified herein, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause in Section I. In the event the Contractor effects any change at the direction of any person other the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. The address and telephone number of the Contracting Officer is:

JULIA A. DELOACH

(813) 826-7322 Julia.deloach@socom.mil

(end of clause)

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

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.

5652.233-9000 Independent Review of Agency Protests (2009)

All protests shall be submitted through the Contracting Officer. A request for an independent review of the protest decision may be made to the Director of Procurement. Submit request in accordance with FAR 33.104(d)(4) to:

United States Special Operations Command Directorate of Procurement, Chief, (SOAL-KA), 7701 Tampa Point Blvd., MacDill AFB, FL 33621, Fax (813) 826-7504.

5652.237-9001 Key Personnel Requirements (2003)

(a) Certain experienced professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. Such personnel are defined as "Key Personnel" and are those persons whose resumes were submitted for evaluation of the proposal.