H92240-11-R-0026 BUSINESS PROCESS MANAGEMENT.doc

Section SF 1449 - CONTINUATION SHEET

EVALUATION SELECTION CRITERIA

EVALUATION SELECTION CRITERIA

For

Business Process Management Solution

1.0 Evaluation Criteria

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 and Past Performance) are more important than price in making the award determination. Technical approach is more important than past performance but as the other factors become essentially equivalent then price will become more important.

2.0 Technical Approach

2.1 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.

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. The proposal must include:

2.1.1 Certified, fully trained Business Program Management Systems Integrator

2.1.2 Knowledge, experience and ability to interface with Logistics Systems

2.1.3 The ability to implement applications at Continental United States (CONUS) and Outside Continental United States (OCONUS) units.

2.2 The Contractor shall develop a Project Management Plan (PMP) with associated Work Breakdown Structure (WBS) which identifies and provides a timeline for common Naval Special Warfare (NSW) wide funded tasks and unique Business Process Management tasks associated with one or more of the specified tasks in the Background section.

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 Price 4.1 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

SCOPE OF WORK

BUSINESS PROCESS MANAGEMENT SOLUTION

1.0 Executive Summary

1.1 The Business Process Management (BPM) solution will provide Naval Special Warfare Command (NSWC) Division N8 Readiness, NSWC Division N4 Logistics, deployed users, and the Unmanned Aerial Systems (UAS) Intergrated Logistic Support (ILS) Manager (NSWC Division N43) with visibility, accountability and traceability into supply chain fulfillment (from requirements definition to requisition (request and approval) to procurement process (using existing Business Process Management programmed processes for NSW credit card and contracting actions) to receipt and inventory management, and full dashboard performance metrics and reporting) throughout NSW as a Command. This Business Process Management solution will provide NSW an overlay process flow management tool that will support operational defect reporting, surveyed items (lost or beyond economical repair), and other routing and approval mechanisms. In addition, this Business Process Management solution must provide robust presentation of performance metrics and dashboard user interfaces necessary to more effectively manage NSW’s UAS supply chain and fulfillment processes, as well as other distinct data including spare systems and repair parts asset tracking.

1.2 Naval Special Warfare Command (NSWC) and Naval Special Warfare Group ONE (NSWG-1) Support Activity communicated a need to create uniform processes for supply chain and activities that are systematic, repeatable, and Department of Defense (DoD) compliant. All departments desire full visibility of airframe status, performance metrics, readiness, and spares fulfillment at all stages (cradle to grave) with the ability to identify bottlenecks or work stoppages. Further, communicating the program status easily and with minor effort to the requestor will ease internal frustrations. Establishing this consistent workflow will support the planned realignment of specific UAS airframes and personnel under specific directorates. One system, one workflow/process, one set of business rules and practices with a tangible method to measure success.

1.3 Business Process Management Advanced Reporting will utilize both internal and external data sources, such as data available from SWALIS, SUASMAN and COLTS, to compile and display critical metrics in the asset tracking for Unmanned Aerial Systems. This may include Failure & Repair Analysis, Repair Parts usage, and systemic UAS system trends.

2.0 Advantages of Business Process Management Implementation

2.1 Immediate Impact/Results/Improvements

- Tracking ability of customer requests with status. Answers the question "Where is it?"

- Increased internal staff accountability within the organization. Answers the question "Who has it?"

- Email triggers based on time/date configurations. Answers the question "When will it be completed?"

2.2 Customer Service Improvements

- Increased transparency to the customer (i.e. tracking status of where things are in the approval process).

- Increased responsiveness to the customer (i.e. status email(s) from contracts and procurement personnel.

- Increased feedback to the customer (i.e. requirements email(s) identifying missing or incomplete documents.

2.3 Management Indicators & Dashboard Metrics

- Ability to produce metrics on cradle to grave of customer requests by individual and/or organization.

- Ability to produce metrics on performance by individual and/or organization (internal and external).

- Ability to determine critical paths and potential chokepoints in high priority requests. (Will allow you to make sure high priorities are shepherded through all touch points!)

- Ability to determine training requirements for both staff and customers based on processing times and/or number of requests "kicked-back" due to various reasons.

- Ability to identify top-performing customers and internal staff to ascertain their "success secrets" and then share with both the customer community and other internal staff members to increase successes.

3.0 Background

Naval Special Warfare Command (NSWC) has three separate Business Process Reengineering and Automation prototype projects using Business Process Management software solutions.

4.0 Specific Tasks

4.2 Task 1: The Business Process Management (BPM) software solution will provide NSWC Division N8 Readiness, NSWC Division N4 Logistics, NSWG-1 Support Activity, and the Unmanned Aerial Systems (UAS) ILS Manager (NSWC Division N43) with defined, automated processes, accountability and traceability into supply chain fulfillment (from requirements definition to requisition (request and approval) to procurement process to receipt and inventory management, and full dashboard visibility to performance metrics and reporting throughout NSW as a Command. Business Process Management also will provide NSW a process flow management tool that will support operational defect reporting, reports of surveyed items (lost or beyond economical repair), and other routing and approval mechanisms.

4.3 Task 2: NSWC first priority is to implement a Business Process Management solution for NSW’s Government Commercial Purchase Card (GCPC) Program.

4.4 Task 3: NSWC will utilize Business Process Management capabilities to develop and implement

Dashboard reporting and performance metrics for select NSWC N4 Logistics Information Technology (IT) data.

4.5 NSW anticipates the need to incorporate external processes that affect critical actions throughout the Command. These may be ancillary processes and sub-routines of workflow that happen outside of the NSW Logistics, procurement request and contracting actions. The Contractor will treat these processes, identified by NSWC Division N4, as candidates for documentation and incorporation into the Business Process Management business process management software.

5.0 Planned Work Effort

5.1. The Business Process Management software may need to be installed on the NSWC Secret Internet Protocol Router (SIPRNET) to support reporting and dashboard of NSW aggregate data and interface with the NSW Portal via SharePoint 2007.

5.2. Analysis and Design – Gathering, discovering, and analyzing business requirements and providing preliminary business application designs. The Contractor will provide support and consultation on business process review and design.

· Model driven process analysis and design

· Business rule management

· Drag and drop web form design and development capability

· Web-based and intuitive administration

· Easily configurable rather than “code customization”

· Supports both structured and ad-hoc business processes

· Includes enterprise reporting capability without additional cost

· 508 compliant

6.0 Model Driven Process Analysis and Design

6.1 The Business Process Management Suite will allow NSWC to model, automate, manage, and monitor the forms and underlying processes that are manually executed. The new platform will enable NSWC to graphically design and model all of the forms, business rules, roles, and reports that are formally or informally executed. These graphical models are created using “drag-and-drop” tools rather than traditional application development (i.e. writing code). Once the models and forms are created the application is “published” to the Server. Once on the server the execution engine provides a web-based user interface for users to interact with the system.

6.2 A key element of the Business Process Management solution is the use of graphical modeling technology to represent business processes and forms. This unique approach will allow NSWC Division N6 Communications to configure the software to represent the specific processes and forms using out-of-the-box graphical tools rather than writing code. That is, all of the implementation specific business rules, integrations, and user interface forms are stored graphically within the Process Designer and the database, rather than buried in thousands of lines of code.

6.3 By leveraging the graphical modeling capability, NSWC is able to visually validate and test requirements in a “conference-room pilot” scenario. That is, the visual nature of the product serves as a bridge between the technical implementation team and the business or functional stakeholders. Requirements and user interfaces may be tested, validated, and changed on-the-fly during working sessions or demos. This approach dramatically speeds development but more importantly significantly lowers risk.

7.0 Business Rule Management

Currently the NSWC business rules are a combination of formal and informal activities to execute business processes to support the Echelons. A key aspect to the proposed Business Process Management solution is the support for both process design and business rule management. By understanding and documenting the business rules in place, NSWC will have improved decision-making and accountability across the command.

8.0 Drag and drop web form design and development

The proposed Business Process Management solution system shall take advantage of the latest Web 2.0 technology for building Rich Internet Applications (RIA).

9.0 Web-based and intuitive administration

One of the key criteria for any system implementation is ease of maintenance. Business Process Management will provide NSWC with an intuitive, web-based administration module for all day-to-day maintenance of the system. This will significantly reduce the long-term cost of ownership as well as ensure that there is never a single point of failure for maintaining core NSWC business applications.

10.0 Reporting Capability

10.1 The new system must be able to support the everyday “business user” with easy to use, web-based, one-click reports. The new system must also support the NSWC “power users” who require the ability to create ad-hoc reports and dashboards with a simple web-interface and no programming knowledge. Business Process Management provides this ad-hoc reporting and “canned” reporting capability.

10.2 Business Process Management will support the NSWC requirements for dashboards and reporting. Business Process Management would provide NSWC with a complete enterprise reporting capability that includes:

· Drag and drop ad hoc report building for business users

· Saving and sharing of ad hoc reports with teams and groups

· Built-in charting

· Report scheduling, distribution and historical versioning

· A secure report and metadata repository

· Row and column level data security

10.2.1 Implementation – System setup and configuration, establishment of daily operating procedures, consultation on configuration, security, and establishing proper software infrastructure.

10.2.2 Deployment – Contractor will assist NSWC in deploying automated tracking processes developed for the above tasks on Government site as identified in the Analysis and Design phase of this task order.

10.3 These processes will be fully identified and scoped as they are prioritized by NSWC. Funding level will dictate whether or not we achieve the full completion of this list. If additional tasks are identified and scoped, the contractor will provide insight to the level of effort necessary to implement the process at NSW West Contracts.

10.3.1 Training – User/System Administrator training.

10.3.2 Operational Assistance/Maintenance – Providing service for periodic system maintenance and/or periodic maintenance to the service provided.

10.3.3 Troubleshooting – As required during implementation.

10.3.4 Documentation – Providing specific documentation upon NSW West Contracting Office’s request as designed in the Work Order.

10.3.5 Conversions/Upgrades – Consulting/programming assistance related to database conversions, software version upgrades, and hardware or operating system platform conversions/upgrades.

11.0 Effective Period

This task order is effective for a period of 12 months from the date of award.

12.0 Security

12.1 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 NIPRNET/SIPRNET computer systems only at government location facilities. 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 COR.

12.2 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.

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

13.0 Information Assurance:

The Contractor shall maintain a Configuration Control program for software and application engineering changes. The Contractor shall assist the NSWC Business Process Management Program Manager who will be the Configuration Control Board (CCB) leader in the conduct of routine application change status meetings. The Contractor shall conduct periodic CCB evaluations of Engineering Change Proposals (ECPs), track the status of ECPs for identification in the configuration controls database, provide updates to the ECP database, and make recommendations to the NSWC Business Process Management PM on the criticality of ECPs for software/application changes.

14.0 Deliverables

14.1 Project Management Plan (PMP)/Work Breakdown Structure (WBS): The Contractor shall develop a Project Management Plan (PMP) with associated Work Breakdown Structure (WBS) which identifies and provides a timeline for common

NSW wide funded tasks and unique Business Process Management tasks associated with one or more of the specified tasks in the Background section above.

Due Date: 30 days after contract award

14.2 Business Process Analysis (BPA) and Application Specification:

The Contractor shall perform Business Process Analysis (BPA) on each of the funded tasks taking into account organizational site specific requirements. The Business Process Specification shall serve to document existing processes and develop revised business processes which are compatible with the overall Business Process Management implementation plans.

Due Date: Each Application Specification is due 45 days after completion of formal process improvement discussions and vested owners meetings related to a specific process and shall be revised as required while working on development.

14.3 Monthly Status Reports (MSR) and Dashboard Reports:

14.3.1 The MSR shall serve to track aspects of the Business Process Management Program and shall include as a minimum:

i. An updated Project Management Plan which shows the status of tasks and deliverables.

ii. Significant issues and problems experienced during the reporting period

iii. Significant activities planned for the next reporting period

Due Date: 15th of the Month following the end of the prior month.

14.3.2 The Dashboard Report - This product shall be in a single page quad chart or similar format and provides quick metrics such as bi-weekly updates and easily interpreted metric displays showing Program progress, Performance status, Risk, and planned events/actions. Dashboard reports shall be capable of being generated by users as required and user modified based on existing data elements. The Contractor shall be Capable of training users at the basic level on use of the report generating software when required.

New Dashboard reports requiring modification to report generating software shall be provided for draft review within 10 business days after the requiring user has provided desired format and data requirements

Due Date: 15th of the Month following the end of the prior month.

15.0 Technical On-site Support, Trouble desk support, and Travel:

15.1 On-Site Support: Contractor shall provide on-site Business Process Management trained personnel as required at three major NSWC geographical locations (Damneck, Virginia, Naval Amphibious Base (NAB) Coronado, and NAB Little Creek).

Other NSWC locations such as Stennis, Mississippi; Pearl Harbor, Hawaii; Germany; Guam; and Bahrain may be supported with on-site personnel when coordinated with the NSW Business Process Management Program Manager, and will be based on site requirements.

15.2 Trouble Desk Support: The Contractor shall provide phone based Trouble/“help-desk” support through the duration of the contract. Help Desk support is required weekly during business hours of 0700-1600 Pacific Standard Time and after hour’s emergency basis when required. Help desk support shall include, but not limited to, the resolution of specific questions for Business Process Management applications and software changes.

15.3 Travel: Overseas travel at least one time to each government facilities may be required for Guam, German, and Bahrain during the performance period of this requirement.

Due Date: Technical Training and On-site Support shall be summarized as part of the Monthly Status Report.

15.3.1 Costs incurred by contractor personnel on official company business are allowable, subject to the limitations contained in this subsection. Costs for transportation may be based on mileage rates, actual costs incurred, or on a combination thereof, provided the method used results in a reasonable charge. Costs for lodging, meals, and incidental expenses may be based on per diem, actual expenses, or a combination thereof, provided the method used results in a reasonable charge.

15.3.1.1 Except as provided in subparagraph (a)(3) of this subsection, costs incurred for lodging, meals, and incidental expenses (as defined in the regulations cited in (a)(2)(i) through (iii) of this subparagraph) 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 Stock No. 922-002-00000-2;

(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

SOFTWARE LICENSING UNLIMITED

FFP

REFERENCE SOW PARAGRAPHS 4.0 THROUGH 10.3.5

FOB: Destination

PURCHASE REQUEST NUMBER: N0001911RX01222

NET AMT

PROCESS ANALYSIS AND REENGINEERING

REFERENCE SOW PARAGRAPH 6.0

PURCHASE REQUEST NUMBER: N0001911RX01222

NET AMT

PROCESS APPLICATION & REPORT DEVELOPMENT

REFERENCE STATEMENT OF WORK (SOW) PARAGRAPHS 8.0 AND 10.0

NET AMT

Lot

ODC; TRAVEL

PROVIDE ALL TRAVEL IN ACCORDANCE WITH THE STATEMENT OF WORK PARAGRAPH 15.1, 15.2 AND THE JOINT TRAVEL REGULATIONS.

ESTIMATED COST

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

28-SEP-2012

28-SEP-2012

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 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) FAR Clauses Incorporated by Full Text:

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)

52.227-19 -- Commercial Computer Software License.

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

Commercial Computer Software License (Dec 2007)

(a) Notwithstanding any contrary provisions contained in the Contractor’s standard commercial license or lease agreement, the Contractor agrees that the Government will have the rights that are set forth in paragraph (b) of this clause to use, duplicate or disclose any commercial computer software delivered under this contract. The terms and provisions of this contract shall comply with Federal laws and the Federal Acquisition Regulation.

(b)

(1) The commercial computer software delivered under this contract may not be used, reproduced, or disclosed by the Government except as provided in paragraph (b)(2) of this clause or as expressly stated otherwise in this contract.

(2) The commercial computer software may be—

(i) Used or copied for use with the computer(s) for which it was acquired, including use at any Government installation to which the computer(s) may be transferred;

(ii) Used or copied for use with a backup computer if any computer for which it was acquired is inoperative;

(iii) Reproduced for safekeeping (archives) or backup purposes;

(iv) Modified, adapted, or combined with other computer software, provided that the modified, adapted, or combined portions of the derivative software incorporating any of the delivered, commercial computer software shall be subject to same restrictions set forth in this contract;

(v) Disclosed to and reproduced for use by support service Contractors or their subcontractors, subject to the same restrictions set forth in this contract; and

(vi) Used or copied for use with a replacement computer.

(3) If the commercial computer software is otherwise available without disclosure restrictions, the Contractor licenses it to the Government without disclosure restrictions.

(c) The Contractor shall affix a notice substantially as follows to any commercial computer software delivered under this contract:

Notice--Notwithstanding any other lease or license agreement that may pertain to, or accompany the delivery of, this computer software, the rights of the Government regarding its use, reproduction and disclosure are as set forth in Government Contract No. ________________.

(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 in 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) __X__ 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…