H92240-11-R-0023 TECHNIQUES PROCEDURES PUBLICATION.doc

Section SF 1449 - CONTINUATION SHEET

EVALUATION SELECTION CRITERIA

EVALUATION SELECTION CRITERIA

Technique & Procedures Publication

1.0 Evaluation Criteria

1.1 This contract will be awarded to the Offeror whose proposal is considered to be the most advantageous to the Government, best value, price, and other factors (identified below) considered. For purposes of this evaluation: technical factors (Technical Approach, Past Performance and Personnel Qualifications) are more important than Price in making the award determination. Technical Approach and Personnel Qualifications are more important than Past Performance in making the award determination. Personnel Qualifications is more important than Technical Approach but as the other factors become essentially equivalent then price will become more important.

2.0 Technical Approach

Technical approach must not contain reference to cost; however, resource information (such as data concerning labor hours and categories, subcontracts, etc.) may be contained in the technical proposal so the Offeror’s understanding of the statement of work can be evaluated. The proposal must:

2.1.1 Discuss the proposed management approach in sufficient detail to clearly and concisely demonstrate that the Offeror has an understanding of all Task (1 through 9) specified in the Statement of Work. Proposals which merely offer to conduct a program in accordance with the requirements of the Government's scope of work will not be eligible for award.

3.0 Past Performance

Offerors should note that Past Performance is related to the "quality" and how well a Contractor performed the services under a contract. Offerors shall submit the following information as part of their proposal:

a. A list of three (3) completed or active contracts within the past five (5) years for related or similar services. The Government will evaluate past performance on contracts that are similar in nature to the requirements of this RFP. Contracts listed shall include those entered into with the Federal Government, agencies of state and local Governments or commercial customers. Include the following information for each contract:

1. Name of Contracting Organization;

2. Contract Number;

3. Contract Type;

4. Total Contract Value;

5. Description of Requirement;

6. Contracting Officer's Name, Telephone Number, Facsimile Number and E-mail Address;

7. Contracting Officer's Representative's (COR) Name, Telephone Number, Facsimile Number and E-mail Address; and

8. Explanation/Comments Regarding Problems Encountered and Corrective Actions Taken.

4.0 Personnel Qualifications

4.1 Offerors shall submit a one to three page resume of the proposed staffing required to support the Task (1 through 9) within the statement of work.

4.1.1 Contractor personnel assigned to this requirement must be intimately familiar with current military concerns and procedures in subjects pertaining to NSW Coastal Operations. Recent experience within the last five (5) years as an NSW member operating in a Coastal Environment, and previous assignment in an NSW Operations/Training Department is highly desirable. The assigned personnel in these areas, as well as the depth and breadth of their experience in the field are critically important.

4.1.2 The Offerors shall submit as part of their proposal a sample document of their technical writing that demonstrates their ability to write in a crisp and concise manner. The sample document is not to exceed two pages.

5.0 Price 5.1 Costs will be submitted for each line item number in the statement of work. Costs will be considered only for Offerors who have demonstrated satisfactory technical approach, prior experience and personnel qualifications. Pricing information will remain separate from the Offeror’s technical approach, prior experience and personnel qualifications.

SF-1449 CONTINUATION

Statement of Work

For Techniques & Procedures Publication

1. PURPOSE:

1.1 To research, compile, organize, and document existing Naval Special Warfare (NSW) Coastal Operations tactics, techniques, and procedures into one (1) Navy Tactics Techniques and Procedures (NTTP) publication for Naval Special Warfare (NSW) Coastal Operations. This NTTP will formally encapsulate principals of NSW coastal warfare. Although, United States Navy Coastal Operations guidance exists, it speaks little to NSW integration and the planning considerations unique to Special Operations Forces (SOF).

1.2 Contractor shall not participate in any inherently government functions and will not determine the content or application of the publication, but will provide support to the government by researching, compiling, and drafting a publication based on existing tactics, techniques and procedures which are to be consolidated, organized, and presented in a standard NTTP doctrinal publication. Contractor’s sources will include existing publications, lessons learned from current US Navy fleet operations and NSW coastal operations, NSW subject matter experts, and other government sources. Contractor shall not attempt to develop or introduce new TTPs, but will confine the document to existing Government best practices. The NSW Primary Review Authority (PRA), NSWC Division Code N51 will provide contractor oversight throughout the entire project.

2. BACKGROUND: NSW goal is to align its doctrine with strategic guidance and operational plans and policies. Operational concepts require us to continually identify and validate gaps and deficiencies in our doctrine publication subject matter. Naval Special Warfare Command (NSWC) Division Plans, Policy & Doctrine Division Code (N51) has conducted an analysis to identify beneficial publications and propose a prioritized list of subject areas we feel warrant development of an NSW NTTP publication, to provide guidance and consistency throughout the force. An NTTP for NSW Coastal Operations is one of NSW’s top priorities for Fiscal Year (FY) 2011/2012 in the development of Operational Doctrine publications.

3. PLACE OF PERFORMANCE: Contractor’s site. The contractor will perform the bulk of the work at their facility, but will require frequent interaction with NSWC N51, East and West Coast Naval Special Warfare Groups ONE, TWO, THREE, FOUR, and ELEVEN, Naval Special Warfare Center, and Naval Special Warfare Development Group.

4. PERIOD OF PERFORMANCE: 12 months from date of award without options.

5. SPECIFIC REQUIREMENTS:

5.1 The task listed below refers to paragraphs 1.1 of this statement of work.

5.2 SPECIFIC TASK:

5.2.1 Task 1: Develop Project Plan of Action and Milestones (POA&M) and Conduct Initial Concept Brief (ICB). After receipt of award, the contractor shall prepare and brief a draft Plan of Action and Milestones (POAM) that fully defines the proposed approach to developing NTTP 3-05.XX (approximate number of pages 300; the publication numbering “XX” to be determined by Navy Warfare Development Command (NWDC)). Significant issues problems foreseen in the publication development process shall be highlighted in this presentation for consideration. The POA&M with the proposed development timeline shall be presented to the NSWC Division Code N51 Action Officer (AO) during the Initial Concept Brief (ICB). NSWC Code N51 will review the approach to completing the requirements and note any potential problem areas. NSWC N51 will direct changes or revisions as required prior to approving the POA&M.

5.2.2 Task 2: Provide Research Plan. After receipt of award, Contractor shall provide the Primary Review Authority (PRA) a detailed Research Plan for review and approval. This task shall include consideration of all current service and joint publications that relate to requirements listed in paragraphs 1.1 of this statement of work. The “Lessons Learned” from the recent deployments as well as interviews with subject matter experts shall be taken into consideration in the research plan. NSWC N51 will review and approve research plan.

5.2.3 Task 3: Participate in Doctrinal Conferences. Under the guidance of the PRA, contractor shall participate in various conferences as required, such as:

5.2.3.1 A Solutions Conference to be hosted by NSWC, at Naval Amphibious Base (NAB) Coronado California. Purpose of the conference will be to gather the Subject Matter Experts in NSW Coastal Operations from NSW Training Detachments (East and West Coast) in order to discuss the requirements and identify areas of concentration for development of task listed in paragraph 1.1 of this statement of work.

5.2.3.2 NSW Unit Institutional and Unit Training Steering Group meeting (IUTSG) at NAB Coronado, California and NAB Little Creek, Virginia.

5.2.4 Task 4: Prepare Draft Program Directive (PD) and Annotated Outline. Based on the approved Research Plan, after receipt of award, the contractor shall prepare a Program Directive (PD) and an annotated outline of the publication to the COR for PRA’s review and approval.

5.2.5 Task 5: Prepare and Deliver Initial Review Draft (IRD). Using the Annotated Outline for NTTP 3-05XX, after receipt of award, the contractor shall compose an Initial Review Draft (IRD) of the publication listed in paragraph 1.1 of this statement of work and provide an electronic copy to NSWC N51 for the formal review process in accordance with NTTP 1-01, Revision B. The contractor is required to ensure all classification markings and statements are consistent throughout the publication. The contractor is directed to define all acronyms and abbreviations at first use and review document for missing figures and/or cross-references prior to submitting the IRD to NSWC. During this period provide an In-Process Review (IPR) brief to NSWC Division Code N51 approximately mid-way through the project cycle. NSWC N51 will provide ongoing oversight throughout the performance period of this requirement.

5.2.6 Task 6: Incorporate NSW Comments. NSWC Division Code N51 will post the Initial Review Drafts on the Division Code N5 portal for NSW review/comments. The contractor shall collect and incorporate NSW comments via the Division Code N5 portal and other expedient methods under the guidance of the NSW PRA. If required, the contractor, under the guidance of NSWC N51 shall facilitate a first draft review conference to discuss contents of projects listed in paragraph 1.1 of this statement of work and adjudicate NSW Subject Matter Expert (SME) comments.

5.2.7 Task 7: Develop Final Drafts. Under the guidance of NSWC N51, the contractor shall compose a final draft of project listed in paragraph 1.1 of this statement of work and submit via the N5 COR for the NSW PRA for approval. The final product of NTTP 3-05XX shall be posted on the NSWC Division Code N5 Portal and the NWDC Secret Internet Protocol Router (SIPRNET) website and the Navy Doctrine Library System (NDLS).

5.2.8 Task 8: Monthly Progress. The contractor shall provide electronic monthly progress. The monthly report will be submitted to the NSWC N5 Contract Officer Representative (COR), the NSWC Contracting Office, and NSWC Division Code N51, within the first 10 days of each month following the effective month in the format specified below:

5.2.8.1 Significant accomplishments

5.2.8.2 Anticipated problems (identify GFM or guidance/clarification needed), changes, remarks

5.2.8.3 Deliverable status (highlight, in particular, any anticipated delay in future deliverables)

5.2.8.4 Work plans for next month

5.2.8.5 Provide a weekly situation report to interested parties identified during the POA&M meeting. Information should be a recap of the week’s activities and flagging any points of interest. Additionally, the contractor shall carbon copy (Cc) the government point of contacts (POCs) and NSW on all email correspondence related to this requirement.

5.2.9 Task 9: Provide an End-of-Project Brief

After receipt of award, the contractor shall prepare and present NSWC Division Code N51 an end-of-project brief, in electronic format that summarizes the project and results.

5.2.9.1 A suggested briefing outline is provided below.

5.2.9.1.1 Cover

5.2.9.1.2 Review of SOW and POA&M

5.2.9.1.3 Summarize all task listed in paragraphs 1.1 and 1.1.1 of this statement of work

5.2.9.1.4 Demonstrate the NTTP satisfy the goals of the SOW

5.2.9.1.5 Review schedule

5.2.9.1.6 Travel

5.2.9.1.7 Summarize task accomplishments (include strengths/weaknesses and recommendations for updates and modifications)

6. ORGANIZATIONAL CONFLICT OF INTEREST:

If, under this contract, the Contractor gains access to proprietary or business sensitive information of other companies, the Contractor agrees to protect this information from unauthorized use or disclosure and to refrain from using the information for any purpose other than that for which it was furnished. Contractor employees may be requested to sign a non-disclosure certificate.

7. EFFORT:

The contractor is to submit in their proposal the number of personnel and travel requirements they feel are necessary to complete indicated requirements/tasks.

8. PERSONNEL QUALIFICATION REQUIREMENTS:

Contractor personnel assigned to this requirement must be intimately familiar with current military concerns and procedures in subjects pertaining to NSW Coastal Operations. Recent experience within the last five (5) years as an NSW member operating in a Coastal Environment, and previous assignment in an NSW Operations/Training Department is highly desirable. The assigned personnel in these areas, as well as the depth and breadth of their experience in the field are critically important. The Offerors shall submit as part of their proposal a sample document of their technical writing that demonstractes their ability to write in a crisp and concise. The sample document is not to exceed two pages.

9. SUPERVISION REQUIREMENTS:

The Government shall not supervise or otherwise direct Contractor employees. The Contractor shall not supervise or otherwise direct Government employees.

10. SECURITY REQUIREMENTS:

10.1 Security will be in accordance with the attached DD254. Contractor team individual(s) supporting this task will be cleared at the Secret level at the start of the task. Contractor will require access to systems i.e., Non-Secure Internet Protocol Router (NIPRNET)/Secret Internet Protocol Router (SIPRNET) computer systems only at government facilities/contractor facility. Contractor will be authorized to courier classified information up to the “Secret” level in performance of official duties upon approval of and designation by the Contracting Officer Representative (COR).

10.2 The contractor shall insure requirements for safeguarding classified information and classified materials, for obtaining and verifying personnel security clearances, for verifying security clearances and indoctrination of visitors, for controlling access to restricted areas, for protecting government property, and for the security of automated and non-automated management information systems and data are fulfilled. The contractor’s management system shall prevent unauthorized disclosure of classified and sensitive unclassified information. The government shall be immediately notified if any security incident or any indication of a potential unauthorized disclosure or compromise of classified or sensitive unclassified information.

10.3 The contractor shall provide security management support. Typical efforts include, but are not limited to, performning classified document control functions, classified materials inventories, program access requests, preparing and monitoring personnel indoctrination and ddebriefing agreements, and maintaining andusing security-related databases.

10.4 Request for visit authorization will be submitted in accordance with Department of Defense (DOD) 5220.22M National Industrial Security Program Operating Manual (NISPOM) not later than one week prior to any visit.

11. TRAVEL REQUIREMENTS:

11.1 From Contractor Facility to Little Creek, Virginia: 1 trip, 1 traveler, 5 days.

11.2 Any additional travel required under this requirement in excess of the total travel financial estimate must be reviewed and approved by the NSWC N5 Contracting Officer Representative (COR) in advance via issuance of a modification of contract prior to travel time.

11.3 Costs incurred for lodging, meals, and incidental expenses shall be considered to be reasonable and allowable only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the --

(i) Federal Travel Regulations, prescribed by the General Services Administration, for travel in the contiguous United States, available on a subscription basis from the -- Superintendent of Documents U.S. Government Printing Office Washington, DC 20402

(ii) Joint Travel Regulation, Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense, for travel in Alaska, Hawaii, and outlying areas of the United States, available on a subscription basis from the -- Superintendent of Documents U.S. Government Printing Office Washington, DC 20402

12. GOVERNMENT FURNISHED PROPERTY/MATERIAL (GFP/GFM):

While performing work at government facilities, the Contractor will be provided office space to include a desk or cubicle. The Contractor will have access to a computer/printer, facsimile machine, copy machine, and telephone on a temporary and not-to-interfere basis with existing services. The Contractor will also be provided access to reference material including Navy Warfare Publications (NWPs), Web site access, and the government electronic materials (CD ROMs) for required research. All provided databases will remain property of the U.S. Navy. In no way should the contractor retain any government furnished equipment or materials without approval from NSWC.

13. CONTRACTOR FURNISHED EQUIPMENT:

The Contractor shall furnish his/her representative a laptop computer(s) configured with hardware/software capabilities to meet the requirements of this contract.

14. DATA DELIVERABLES:

All deliverables will be provided as stipulated in the below chart to the NSWC N5 COR, the PRA (NSWC Division Code N51) (and others as directed by PRA). Deliverables may be submitted in the standard Contractor’s format, provided it is in conformance with and meets all criteria normally followed and procedures utilized in standard business practices.

Develop POA&M

Conduct Initial Concept Brief (ICB)

15. QUALITY ASSURANCE PLAN:

Paragraph 5 of this statement of work specifies the task to be performed, and paragrapsh 14 specifies the required deliverables. In accordance with the Contract Administration/Quality Assurance Surveillance Plan, the NSWC N5 Contracting Officer’s Representative (COR), with the assistance of designated technical assistants, will measure and evaluate the contractor’s performance of this Statement of Work.

16. ACCEPTANCE PLAN:

The contractor will review data items for quality and compliance prior to delivery of all deliverables. The NSW N5 PRA and N5 AO will perform inspection and acceptance of those deliverables.

17. OTHER CONDITIONS AND REQUIREMENTS:

Electronic media word processing deliverables will be on a compact disk (CD) and provided in MS Word 6.0 (Windows) in the format specified in NTTP 1-01 (B) and NWDC Technical publications to the N5 COR. Illustrations prepared electronically may be provided in any commercial graphics format.

18. REFERENCES:

18.1 After receipt of award the existing relevant doctrine, tactics, techniques and procedures (TTPs) and other publications, as well as the Navy Lessons Learned database and other sources of information will become available to the Contractor to use in the development of documents described in paragraphs 1.1 of this statement of work. This is not an all-inclusive list, and every effort should be made to reference all existing documentation in the development of these documents.

PUBLICATION; SUPPORT

FFP

DEVELOPMENT OF NSW COASTAL OPERATIONS NAVY TACTICS TECHNIQUES AND PROCEDURES (NTTP). CONTRACTOR SHALL INVOICE ACCORDING TO THE DATA DELIVERABLE SCHEDULE AS SHOWN IN PARAGRAPH 14.0 OF THE STATEMENT OF WORK.

FOB: Destination

PURCHASE REQUEST NUMBER: N0007411RCJL010

NET AMT

Lot

ODC; TRAVEL

PROVIDE ALL TRAVEL IN ACCORDANCE WITH THE STATEMENT OF WORK AND THE JOINT TRAVEL REGULATIONS.

PURCHASE REQUEST NUMBER: N0007411RCJL010

ESTIMATED COST

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

28-SEP-2012

28-SEP-2012

CLAUSES INCORPORATED BY REFERENCE

CLAUSES

FAR Clause Incorporated by Reference:

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)

FAR Clause Incorporated by Full Text:

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2011) (DEVIATION)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) 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) Reserved

(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.

(End of Clause)

52.227-17 -- Rights in Data -- Special Works.

As prescribed in 27.409(c), insert the following clause:

Rights in Data -- Special Works (Dec 2007)

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

“Data” means recorded information, regardless of form or the medium on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

“Unlimited rights” means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.

(b) Allocation of Rights.

(1) The Government shall have—

(i) Unlimited rights in all data delivered under this contract, and in all data first produced in the performance of this contract, except as provided in paragraph (c) of this clause for copyright.

(ii) The right to limit assertion of copyright in data first produced in the performance of this contract, and to obtain assignment of copyright in that data, in accordance with paragraph (c)(1) of this clause.

(iii) The right to limit the release and use of certain data in accordance with paragraph (d) of this clause.

(2) The Contractor shall have, to the extent permission is granted in accordance with paragraph (c)(1) of this clause, the right to assert claim to copyright subsisting in data first produced in the performance of this contract.

(c) Copyright—

(1) Data first produced in the performance of this contract.

(i) The Contractor shall not assert or authorize others to assert any claim to copyright subsisting in any data first produced in the performance of this contract without prior written permission of the Contracting Officer. When copyright is asserted, the Contractor shall affix the appropriate copyright notice of 17 U.S.C. 401 or 402 and acknowledgment of Government sponsorship (including contract number) to the data when delivered to the Government, as well as when the data are published or deposited for registration as a published work in the U.S. Copyright Office. The Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license for all delivered data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the Government.

(ii) If the Government desires to obtain copyright in data first produced in the performance of this contract and permission has not been granted as set forth in paragraph (c)(1)(i) of this clause, the Contracting Officer shall direct the Contractor to assign (with or without registration), or obtain the assignment of, the copyright to the Government or its designated assignee.

(2) Data not first produced in the performance of this contract. The Contractor shall not, without prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract and which contain the copyright notice of 17 U.S.C. 401 or 402, unless the Contractor identifies such data and grants to the Government, or acquires on its behalf, a license of the same scope as set forth in subparagraph (c)(1) of this clause.

(d) Release and use restrictions. Except as otherwise specifically provided for in this contract, the Contractor shall not use, release, reproduce, distribute, or publish any data first produced in the performance of this contract, nor authorize others to do so, without written permission of the Contracting Officer.

(e) Indemnity. The Contractor shall indemnify the Government and its officers, agents, and employees acting for the Government against any liability, including costs and expenses, incurred as the result of the violation of trade secrets, copyrights, or right of privacy or publicity, arising out of the creation, delivery, publication, or use of any data furnished under this contract; or any libelous or other unlawful matter contained in such data. The provisions of this paragraph do not apply unless the Government provides notice to the Contractor as soon as practicable of any claim or suit, affords the Contractor an opportunity under applicable laws, rules, or regulations to participate in the defense of the claim or suit, and obtains the Contractor’s consent to the settlement of any claim or suit other than as required by final decree of a court of competent jurisdiction; and these provisions do not apply to material furnished to the Contractor by the Government and incorporated in data to which this clause applies.

(End of Clause)

52.227-18 -- Rights in Data -- Existing Works.

As prescribed in 27.409(f), insert the following clause:

Rights in Data -- Existing Works (Dec 2007)

(a) Except as otherwise provided in this contract, the Contractor grants to the Government, and others acting on its behalf, a paid-up nonexclusive, irrevocable, worldwide license to reproduce, prepare derivative works, and perform publicly and display publicly, by or on behalf of the Government, for all the material or subject matter called for under this contract, or for which this clause is specifically made applicable.

(b) The Contractor shall indemnify the Government and its officers, agents, and employees acting for the Government against any liability, including costs and expenses, incurred as the result of (1) the violation of trade secrets, copyrights, or right of privacy or publicity, arising out of the creation, delivery, publication or use of any data furnished under this contract; or (2) any libelous or other unlawful matter contained in such data. The provisions of this paragraph do not apply unless the Government provides notice to the Contractor as soon as practicable of any claim or suit, affords the Contractor an opportunity under applicable laws, rules, or regulations to participate in the defense of the claim or suit, and obtains the Contractor’s consent to the settlement of any claim or suit other than as required by final decree of a court of competent jurisdiction; and do not apply to material furnished to the Contractor by the Government and incorporated in data to which this clause applies.

(End of Clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

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

(End of clause)

DFAR Clauses Incorporated by Full Text:

252.201-7000 Contracting Officer's Representative.

As prescribed in 201.602-70, use the following clause:

CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) Definition. “Contracting officer's representative” means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

(End of clause)

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.

As prescribed in 203.570-3, use the following clause:

PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-RELATED FELONIES (DEC 2008)

(a) Definitions. As used in this clause—

(1) “Arising out of a contract with the DoD” means any act in connection with—

(i) Attempting to obtain;

(ii) Obtaining; or

(iii) Performing a contract or first-tier subcontract of any agency, department, or component of the Department of Defense (DoD).

(2) “Conviction of fraud or any other felony” means any conviction for fraud or a felony in violation of state or Federal criminal statutes, whether entered on a verdict or plea, including a plea of nolo contendere, for which sentence has been imposed.

(3) “Date of conviction” means the date judgment was entered against the individual.

(b) Any individual who is convicted after September 29, 1988, of fraud or any other felony arising out of a contract with the DoD is prohibited from serving—

(1) In a management or supervisory capacity on this contract;

(2) On the board of directors of the Contractor;

(3) As a consultant, agent, or representative for the Contractor; or

(4) In any other capacity with the authority to influence, advise, or control the decisions of the Contractor with regard to this contract.

(c) Unless waived, the prohibition in paragraph (b) of this clause applies for not less than 5 years from the date of conviction.

(d) 10 U.S.C. 2408 provides that the Contractor shall be subject to a criminal penalty of not more than $500,000 if convicted of knowingly—

(1) Employing a person under a prohibition specified in paragraph (b) of this clause; or

(2) Allowing such a person to serve on the board of directors of the contractor or first-tier subcontractor.

(e) In addition to the criminal penalties contained in 10 U.S.C. 2408, the Government may consider other available remedies, such as—

(1) Suspension or debarment;

(2) Cancellation of the contract at no cost to the Government; or

(3) Termination of the contract for default.

(f) The Contractor may submit written requests for waiver of the prohibition in paragraph (b) of this clause to the Contracting Officer. Requests shall clearly identify—

(1) The person involved;

(2) The nature of the conviction and resultant sentence or punishment imposed;

(3) The reasons for the requested waiver; and

(4) An explanation of why a waiver is in the interest of national security.

(g) The Contractor agrees to include the substance of this clause, appropriately modified to reflect the identity and relationship of the parties, in all first-tier subcontracts exceeding the simplified acquisition threshold in Part 2 of the Federal Acquisition Regulation, except those for commercial items or components.

(h) Pursuant to 10 U.S.C. 2408(c), defense contractors and subcontractors may obtain information as to whether a particular person has been convicted of fraud or any other felony arising out of a contract with the DoD by contacting The Office of Justice Programs, The Denial of Federal Benefits Office, U.S. Department of Justice, telephone 301-937-1542; www.ojp.usdoj.gov/BJA/grant/DPFC.html.

(End of clause)

252.204-7001 Commercial and Government Entity (CAGE) Code Reporting.

As prescribed in 204.7207, use the following provision:

COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING

(AUG 1999)

(a) The offeror is requested to enter its CAGE code on its offer in the block with its name and address. The CAGE code entered must be for that name and address. Enter “CAGE” before the number.

(b) If the offeror does not have a CAGE code, it may ask the Contracting Officer to request one from the Defense Logistics Information Service (DLIS). The Contracting Officer will—

(1) Ask the Contractor to complete section B of a DD Form 2051, Request for Assignment of a Commercial and Government Entity (CAGE) Code;

(2) Complete section A and forward the form to DLIS; and

(3) Notify the Contractor of its assigned CAGE code.

(c) Do not delay submission of the offer pending receipt of a CAGE code.

(End of provision)

252.206-7000 Domestic Source Restriction.

As prescribed at 206.302-3-70, use the following provision:

DOMESTIC SOURCE RESTRICTION (DEC 1991)

This solicitation is restricted to domestic sources under the authority of 10 U.S.C. 2304(c)(3). Foreign sources, except Canadian sources, are not eligible for award.

(End of provision)

252.209-7004 Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country.

As prescribed in 209.409, use the following clause:

SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A TERRORIST COUNTRY (DEC 2006)

(a) Unless the Government determines that there is a compelling reason to do so, the Contractor shall not enter into any subcontract in excess of $30,000 with a firm, or a subsidiary of a firm, that is identified in the Excluded Parties List System as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a terrorist country.

(b) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party that is identified, on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs, as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a terrorist country. The notice must include the name of the proposed subcontractor and the compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.

(End of clause)

252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items.

As prescribed in 212.301(f)(iii), use the following clause:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF

COMMERCIAL ITEMS (AUG 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.

____ 52.203-3, 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)_____252.203-7003, Agency Office of the Inspector General (SEP 2010)(Section 6101 of Pub. L. 110-252, 41 U.S.C. 3509 note).

(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).

(5) ____ 252.219-7004, Small Business Subcontracting Plan (Test Program)

(JAN 2011) (15 U.S.C. 637 note).

(6)(i) ____ 252.225-7001, Buy American Act and Balance of Payments Program (JAN 2009) (41 U.S.C. chapter 83, E.O. 10582).

(ii) ____Alternate I (DEC 2010) of 252.225-7001.

(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 ContainingSpecialty Metals (JAN 2011) (10 U.S.C. 2533b).

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

(10) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools

(JUN 2005) (10 U.S.C. 2533a).

(11) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN 2011) (Section 8065 of Pub. L. 107-117 and the same restriction in subsequent DoD appropriations acts).

(12)(i)____ 252.225-7021, Trade Agreements (JUN 2011) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).

(ii)____ Alternate I (SEP 2008) of 252.225-7021.

(iii)____Alternate II (DEC 2010) of 252.225-7021.

(13) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military

Sales (APR 2003) (22 U.S.C. 2779).

(14) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755).

(15)(i) ____ 252.225-7036, Buy American Act—Free Trade Agreements—Balance of Payments Program (DEC 2010) (41 U.S.C. chapter 83 and 19 U.S.C. 3301 note).

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

(iii)___ Alternate II (DEC 2010) of 252.225-7036.

(iv)___ Alternate III (DEC 2010) of 252.225-7036

(16) ____ 252.225-7039, Contractors Performing Private Security Functions (AUG 2011) (Section 862 of Pub. L. 110-181, as amended by section 853 of Pub. L. 110-417 and sections 831 and 832 of Pub. L. 111-383).

(17) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN

2005) (10 U.S.C. 2534(a)(3)).

(18) __X__ 252.226-7001, Utilization of Indian Organizations, Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Pub. L. 107-248 and similar sections in subsequent DoD appropriations acts).

(19) __X__ 252.227-7015, Technical Data—Commercial Items (MAR 2011)

(10 U.S.C. 2320).

(20) ____ 252.227-7037, Validation of Restrictive Markings on Technical Data

(SEP 1999) (10 U.S.C. 2321).

(21) ____ 252.232-7003, Electronic Submission of Payment Requests and

Receiving Reports (MAR 2008) (10 U.S.C. 2227).

(22) ____ 252.237-7010, Prohibition on Interrogation of Detainees by Contractor

Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84)

(23) ____ 252.237-7019, Training for Contractor Personnel Interacting with

Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375).

(24) __X__ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10

U.S.C. 2410).

(25) ____252.246-7004, Safety of Facilities, Infrastructure, and Equipment

For Military Operations (OCT 2010) (Section 807 of Pub. L. 111-84).

(26)____ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge

Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Pub. L. 110-417).

(27)(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.

(28) ____ 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) 252.225-7039, Contractors Performing Private Security Functions (AUG 2011) (Section 862 of Pub. L. 110-181, as amended by section 853 of Pub. L. 110-417 and sections 831 and 832 of Pub. L. 111-383).

(2) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor

Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84).

(3) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375).

(4) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Pub. L. 110-417).

(5) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C

2631).

(6) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000)

(10 U.S.C. 2631).

(End of clause)

252.223-7004 Drug-Free Work Force.

As prescribed in 223.570-2, use the following clause:

DRUG-FREE WORK FORCE (SEP 1988)

(a) Definitions.

(1) “Employee in a sensitive position,” as used in this clause, means an employee who has been granted access to classified information; or employees in other positions that the Contractor determines involve national security, health or safety, or functions other than the foregoing requiring a high degree of trust and confidence.

(2) “Illegal drugs,” as used in this clause, means controlled substances included in Schedules I and II, as defined by section 802(6) of Title 21 of the United States Code, the possession of which is unlawful under Chapter 13 of that Title. The term “illegal drugs” does not mean the use of a controlled substance pursuant to a valid prescription or other uses authorized by law.

(b) The Contractor agrees to institute and maintain a program for achieving the objective of a drug-free work force. While this clause defines criteria for such a program, contractors are encouraged to implement alternative approaches comparable to the criteria in paragraph (c) that are designed to achieve the objectives of this clause.

(c) Contractor programs shall include the following, or appropriate alternatives:

(1) Employee assistance programs emphasizing high level direction, education, counseling, rehabilitation, and coordination with available community resources;

(2) Supervisory training to assist in identifying and addressing illegal drug use by Contractor employees;

(3) Provision for self-referrals as well as supervisory referrals to treatment with maximum respect for individual confidentiality consistent with safety and security issues;

(4) Provision for identifying illegal drug users, including testing on a controlled and carefully monitored basis. Employee drug testing programs shall be established taking account of the following:

(i) The Contractor shall establish a program that provides for testing for the use of illegal drugs by employees in sensitive positions. The extent of and criteria for such testing shall be determined by the Contractor based on considerations that include the nature of the work being performed under the contract, the employee's duties, the efficient use of Contractor resources, and the risks to health, safety, or national security that could result from the failure of an employee adequately to discharge his or her position.

(ii) In addition, the Contractor may establish a program for employee drug testing—

(A) When there is a reasonable suspicion that an employee uses illegal drugs; or

(B) When an employee has been involved in an accident or unsafe practice;

(C) As part of or as a follow-up to counseling or rehabilitation for illegal drug use;

(D) As part of a voluntary employee drug testing program.

(iii) The Contractor may establish a program to test applicants for employment for illegal drug use.

(iv) For the purpose of administering this clause, testing for illegal drugs may be limited to those substances for which testing is prescribed by section 2.1 of Subpart B of the “Mandatory Guidelines for Federal Workplace Drug Testing Programs” (53 FR 11980 (April 11, 1988)), issued by the Department of Health and Human Services.

(d) Contractors shall adopt appropriate personnel procedures to deal with employees who are found to be using drugs illegally. Contractors shall not allow any employee to remain on duty or perform in a sensitive position who is found to use illegal drugs until such time as the Contractor, in accordance with procedures established by the Contractor, determines that the employee may perform in such a position.

(e) The provisions of this clause pertaining to drug testing programs shall not apply to the extent they are inconsistent with state or local law, or with an existing collective bargaining agreement; provided that with respect to the latter, the Contractor agrees that those issues that are in conflict will be a subject of negotiation at the next collective bargaining session.

(End of clause)

252.243-7001 Pricing of Contract Modifications.

As prescribed in 243.205-70, use the following clause:

PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

When costs are a factor in any price adjustment under this contract, the contract cost principles and procedures in FAR Part 31 and DFARS Part 231, in effect on the date of this contract, apply.

(End of clause)

SOFARS Clauses Incorporated by Full Text

SOFARS 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.