DRFP HQ0147-09-R-0001 SBSA.pdf

FIRST NAME

February 2009 MiDAESS QUESTIONS FORM

Questions Form POC: Ellery Williams Phone: 256-313-9607

YOU MUST SAVE Question Form as: Q-Your Company's Name (see "Example Save As Format" tab) DEADLINE: Close of business 5:00PM CST, 25 FEBRUARY 2009

Submit Completed form to: MiDAESS@MDA.MIL Email Subject MUST BE: DRFP Questions - Company Name

***IMPORTANT******IMPORTANT******IMPORTANT******IMPORTANT******IMPORTANT******IMPORTANT******IMPORTANT***

QUESTION 3

QUESTION 5

EMAIL

9. PRIMARY POINT OF CONTACT:

PHONE

LAST NAME

Block 9: Self-Explanatory.

1. DATE: 2. RFP #:

QUESTION 1:

4. ADDRESS:

5. CITY: 6. STATE: 7. ZIP CODE:

QUESTION 2

QUESTION 4

8. QUESTIONS:

Instructions: Use the "Tab" key and/or mouse pointer to navigate this form. This form shall be submitted in Microsoft Excel to: MiDAESS@mda.mil. If you have difficulties using this form please contact: Ellery Williams at (256) 313-9607. Questions only, do not provide additional information.

Please follow instructions below:

3. COMPANY NAME:

Blocks 1 through 7: Self-Explanatory.

Block 8: Select the section of the Draft RFP your question pertains to. If your question pertains to an Attachment, please provide the attachment number and the applicable paragraph number, then type your question in the field just directly below. Limit five hundred twelve (512) characters per question. Continue on new form if more questions are necessary.

***USE THE EXCEL FILE TITLED "QUESTION FORM 2009" LOCATED IN THE ATTACHMENTS TAB TO COMPLETE THIS FORM***

CODE

(Hour)

PAGE(S)

until local time

X

A X B X C X D

EX

X

G F 46 - 49

50 - 63 X H 64 - 68

Robbie.Phifer@mda.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

DX-C9 1 68

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

HQ0147 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

ROBBIE H. PHIFER 256-313-9328

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 11

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

15 - 16 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 17 - 20 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 21 - 34 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

35 - 44

PART II - CONTRACT CLAUSES

MISSILE DEFENSE AGENCY (MDA)

CONTRACTS DIRECTORATE

BLDG 5222 MARTIN RD

REDSTONE ARSENAL AL 35898-0001

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

06 Feb 2009

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

HQ0147-09-R-0001

Section A - Solicitation/Contract Form

SMALL BUSINESS SET ASIDE

THIS SOLICITATION IS ISSUED ON A SMALL BUSINESS SET ASIDE, RESTRICTED COMPETITION

BASIS.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Dollars, U.S.

QSMA Support Capability Group

FFP

Task Orders (TOs) will be issued on a Firm Fixed Price basis for non-personal advisory and assistance (A&AS) services for Quality, Safety, and Mission Assurance (QSMA) as defined in the Performance Work Statement (PWS) in Section J. TOs will be negotiated in accordance with the procedures set forth in clauses at B-03, H-01, and utilizing labor rates attached in Section J.

FOB: Destination

NET AMT

0002 Dollars, Acquisition Support Capability Group

Task Orders (TOs) will be issued on a Firm Fixed Price basis for non-personal A&AS services for Acquisition Management (MDA/DA) as defined in the Performance Work Statement (PWS) in Section J. TOs will be negotiated in accordance with the procedures set forth in clauses at B-03, H-01, and utilizing labor rates attached in Section J.

0003 Dollars, Task Orders (TOs) will be issued on a Firm Fixed Price basis for non-personal A&AS services for Readiness Management (MDA/DD) as defined in the Performance Work Statement (PWS) in Section J. TOs will be negotiated in accordance with the procedures set forth in clauses at B-03, H-01, and utilizing

0004 Dollars, Task Orders (TOs) will be issued on a Firm Fixed Price basis for non-personal A&AS services for International Affairs (MDA/DI) as defined in the Performance Work Statement (PWS) in Section J. TOs will be negotiated in accordance with the procedures set forth in clauses at B-03, H-01, and utilizing labor rates attached in Section J.

0005 Dollars, Task Orders (TOs) will be issued on a Firm Fixed Price basis for non-personal A&AS services for Business and Financial Management (MDA/DOB) as defined in the Performance Work Statement (PWS) in Section J. TOs will be negotiated in accordance with the procedures set forth in clauses at B-03, H-01, and utilizing

0006 Dollars, Task Orders (TOs) will be issued on a Firm Fixed Price basis for non-personal A&AS services for Legislative Affairs (MDA/LA) as defined in the Performance Work Statement (PWS) in Section J. TOs will be negotiated in accordance with the procedures set forth in clauses at B-03, H-01, and utilizing labor rates attached

0007 Dollars, Engineering Support Capability Group

Task Orders (TOs) will be issued on a Firm Fixed Price basis for non-personal A&AS services for Systems Engineering (MDA/DE) as defined in the Performance Work Statement (PWS) in Section J. TOs will be negotiated in accordance with the procedures set forth in clauses at B-03, H-01, and utilizing

0008 Dollars, Task Orders (TOs) will be issued on a Firm Fixed Price basis for non-personal A&AS services for Test (MDA/DT) as defined in the Performance Work Statement (PWS) in Section J. TOs will be negotiated in accordance with the procedures set forth in clauses at B-03, H-01, and utilizing labor rates attached in Section J.

0009 Dollars, Task Orders (TOs) will be issued on a Firm Fixed Price basis for non-personal A&AS services for Advanced Technology (MDA/DV) as defined in the Performance Work Statement (PWS) in Section J. TOs will be negotiated in accordance with the procedures set forth in clauses at B-03, H-01, and utilizing

0010 Dollars, Task Orders (TOs) will be issued on a Firm Fixed Price basis for non-personal A&AS services for Information Management and Technology Operations (MDA/DOC) as defined in the Performance Work Statement (PWS) in Section J.

TOs will be negotiated in accordance with the procedures set forth in clauses at B- 03, H-01, and utilizing labor rates attached in Section J.

0011 Dollars, Infrastructure & Deployment Spt Cap Grp

Task Orders (TOs) will be issued on a Firm Fixed Price basis for non-personal A&AS services for Warfighter & BMDS Operations (MDA/DDO) as defined in the Performance Work Statement (PWS) in Section J. TOs will be negotiated in accordance with the procedures set forth in clauses at B-03, H-01, and utilizing

0012 Dollars, Agency Operations Spt Cap Grp

Task Orders (TOs) will be issued on a Firm Fixed Price basis for non-personal A&AS services for Human Resources (MDA/DOH) as defined in the Performance Work Statement (PWS) in Section J. TOs will be negotiated in accordance with the procedures set forth in clauses at B-03, H-01, and utilizing labor rates attached

0013 Dollars, Task Orders (TOs) will be issued on a Firm Fixed Price basis for non-personal A&AS services Executive and Administrative Services (MDA/DS) as defined in the Performance Work Statement (PWS) in Section J. TOs will be negotiated in accordance with the procedures set forth in clauses at B-03, H-01, and utilizing

0014 Dollars, Task Orders (TOs) will be issued on a Firm Fixed Price basis for non-personal A&AS services for Public Affairs (MDA/PA) as defined in the Performance Work Statement (PWS) in Section J. TOs will be negotiated in accordance with the procedures set forth in clauses at B-03, H-01, and utilizing labor rates attached in Section J.

0015 Dollars, Travel

COST

This CLIN will be used for Government approved travel in accordance with procedures set forth in H-02 clause entitled, "Authorized Travel and Travel Costs as specified under a Travel CLIN". Cost will be in accordance with the Joint Travel Regulation (JTR). This includes a fixed burden factor. Fee is not allowed.

ESTIMATED COST

0016 Dollars, Other Direct Costs

COST

This CLIN is for other direct costs that are incidental to the A&AS services provided under this contract. ODCs will be defined and authorized in individual TOs. This includes a fixed burden factor. Fee is not allowed.

ESTIMATED COST

B-01 ADDITIONAL CLINS (NOVEMBER 2008)

Additional CLINS will be unilaterally created by the Contracting Officer during performance of this contract to accommodate the multiple types of funds and contract types that may be used on task orders under this contract.

B-02 GUARANTEED MINIMUM (NOVEMBER 2008)

All services to be ordered under this contract shall be set forth in each individual task orders. All task orders will be issued in accordance with the provisions of Section H, Task Ordering, and Section I clauses 52.216-18, Ordering;

52.216-19, Order Limitations, and 52.216-22, Indefinite Quantity.

The minimum amount to be awarded under this contract is $ 5,000.00. The government is not obligated to issue orders beyond the minimum amount.

The estimated contract value amounts identified in the CLIN structure contained in this section are placeholder values assigned to facilitate the issuance of task orders. The estimated amounts shall not be construed as an obligation of the Government or guaranteed tasking value.

B-03 TASK ORDER PRICING (NOVEMBER 2008)

The Labor Competency Levels, Descriptions, and Rates (LCDR) Table (attached in Section J of this contract) represents fully burdened labor rates by labor competency level. These rates include both contractor site and government site rates and rates for various geographic locations. These fully loaded hourly rates are not-to-exceed rates representing the maximum rates allowable for prime and subcontractors to be utilized in the pricing of competitive or sole source task orders. The fixed burden factor for travel and incidental other direct costs (identified below) will be used through the life of the contract in individual task orders. In the spirit of competition, contractors may propose lower rates when competing on individual task orders.

Fixed Burden Factor

2009 2010 2011 2012 2013 2014

Travel

ODC

At any time and throughout the performance of the contract, additional labor competency levels, rates, and descriptions may be incorporated by modification to the contract. Fully Burdened rates will include all costs for task order management and administrative support; thus, these costs will not be proposed separately.

Section C - Descriptions and Specifications

C-01 PERFORMANCE WORK STATEMENT (PWS) (NOVEMBER 2008)

a. The Missile Defense Agency Engineering and Support Services (MiDAESS) acquisition encompasses the Advisory and Assistance Services (A&AS) for the Missile Defense Agency (MDA). The Agency is converting the work from a project-oriented construct under multiple organizations to a BMDS Functional workforce approach, which includes consolidating existing legacy efforts and transferring the work into a program office for management. The required engineering and technical support for A&AS includes analyses, alternatives, evaluations, studies, information, recommendations, advice, opinions, training, and general services. The Contractor shall perform the work specified in the PWS attached in Section J of this contract.

b. Place of Performance: The potential places of performance include any location where an operation or task may occur for the Missile Defense Agency (MDA) and may include overseas locations.

Locations include, but are not limited to, (1) National Capital Region (NCR)/Ft. Belvoir, VA, (2) Huntsville, AL; (3) Dalgren, VA; (4) Colorado Springs, CO; (5) Ft. Greely, AK; (6) Vandenberg AFB, CA; (7) Albuquerque, NM; (8) Los Angeles AFB, CA. Specific locations will be identified in individual task orders.

c. Local Area: Travel within the local area or base of assignment to attend meetings, conferences, seminars or perform work shall be considered a cost of doing business and shall not be separately reimbursed as a travel expense. Local area travel is defined as a 30 mile radius around the base of assignment or designated place of performance.

d. Duty Hours: Contractor duty hours are stated in each TO. The MDA’s “core hours” are 0900-1500.

The definition of core hours as contained in MDA regulations is the time period during the workday during which a government employee covered by a flexible work schedule is required to be present for work. In the event of a shutdown for any reason, the Government is not liable for contractors’ costs incurred during this period.

e. Legal Holidays: The following Federal Holidays are observed under this contract:

New Year’s Day 1 January Birthday of Martin Luther King, Jr. Third Monday in January Washington’s Birthday Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December

Note: Any of the above holidays falling on a Saturday shall be observed on the preceding Friday.

Holidays falling on Sunday shall be observed on the following Monday.

Section D - Packaging and Marking

D-01 PACKAGING AND MARKING OF TECHNICAL DATA (NOVEMBER 2008)

Technical data items shall be preserved, packaged, packed, and marked in accordance with the best commercial practices to meet the packaging requirements of the carrier and insure safe delivery at destination. Classified reports, data and documentation shall be prepared for shipment in accordance with the National Industrial Security Program Operating Manual (NISPOM), DoD 5220.22-M.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-3 Inspection Of Supplies Cost-Reimbursement MAY 2001 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-5 Inspection Of Services Cost-Reimbursement APR 1984 52.246-16 Responsibility For Supplies APR 1984 252.246-7000 Material Inspection And Receiving Report MAR 2008

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 5 yrs. ADC MISSILE DEFENSE AGENCY (MDA)

ROBBIE H. PHIFER

CONTRACTS DIRECTORATE

BLDG 5222 MARTIN RD

REDSTONE ARSENAL AL 35898-0001

256-313-9328

HQ0147

0002 5 yrs. ADC (SAME AS PREVIOUS LOCATION)

0003 5 yrs. ADC (SAME AS PREVIOUS LOCATION)

0004 5 yrs. ADC (SAME AS PREVIOUS LOCATION)

0005 5 yrs. ADC (SAME AS PREVIOUS LOCATION)

0006 5 yrs. ADC (SAME AS PREVIOUS LOCATION)

0007 5 yrs. ADC (SAME AS PREVIOUS LOCATION)

0008 5 yrs. ADC (SAME AS PREVIOUS LOCATION)

0009 5 yrs. ADC (SAME AS PREVIOUS LOCATION)

0010 5 yrs. ADC (SAME AS PREVIOUS LOCATION)

0011 5 yrs. ADC (SAME AS PREVIOUS LOCATION)

0012 5 yrs. ADC (SAME AS PREVIOUS LOCATION)

0013 5 yrs. ADC (SAME AS PREVIOUS LOCATION)

0014 5 yrs. ADC (SAME AS PREVIOUS LOCATION)

0015 5 yrs. ADC (SAME AS PREVIOUS LOCATION)

0016 5 yrs. ADC (SAME AS PREVIOUS LOCATION)

52.242-15 Stop-Work Order AUG 1989 52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984 52.247-34 F.O.B. Destination NOV 1991

F-01 ORDERING PERIOD (NOVEMBER 2008)

The ordering period for this contract shall be five (5) years from the effective date of the contract.

Section G - Contract Administration Data

G-01 GOVERNMENT POINTS OF CONTACT AND THEIR ROLES IN ADMINISTERING THE CONTRACT

(NOVEMBER 2008)

Although the contractor is responsible for total management during the performance of this contract, administering the contract will require maximum coordination between the contractor and the Government. During contract performance, our points of contact are:

a. CONTRACTING OFFICERS

1. The Procuring Contracting Officer (PCO) or designated Administrative Contracting Officer (ACO) will perform all contract administration.

2. The contractor should address all communication about the contract administration to the responsible

Contracting Officer. The cognizant contract administration office is responsible for the contract administration functions (see FAR 42.302 and DFARS 242.302).

3. Only the Contracting Officer may authorize any changes, deviations, or waivers to the contract.

4. The PCO is:

Name: Robbie Phifer Organizational Code: MDA/DACM Telephone Number: 256-313-9328 E-Mail Address: MIDAESS@mda.mil

b. CONTRACTING OFFICER’S REPRESENTATIVE (COR)

1. The Procuring Contracting Officer will assign a COR in an appointment letter that details their duties and responsibilities. The PCO will provide a copy of this letter to the contractor. The COR is not authorized to change any of the terms and conditions of the contract. Only the Contracting Officer can change or modify the contract terms or take any other action that obligates the Government.

2. The COR for the IDIQ basic contract is :

Name: TBD Organizational Code: MDA/XXX Telephone Number:

E-Mail Address: _________________@mda.mil

(CORs will also be appointed for individual CLINs.)

c. CONTRACTING OFFICIAL FOR eSRS

FAR 52.219-9, Small Business Subcontracting Plan (April 2008) requires the use of the Electronic Subcontracting Reporting System (eSRS) for subcontract reporting. The contracting official for eSRS under this contract is:

Name: TBD

Organizational Code: MDA/XXX Telephone Number:

E-Mail Address: _________________@mda.mil

For detailed information regarding eSRS visit http://www.acq.osd.mil/dpap/pdi/eb/index.html.

G-02 IDENTIFICATION OF CORRESPONDENCE (NOVEMBER 2008)

All correspondence and data submitted by the Contractor under this contract shall reference the contract number.

G-03 PATENTS - REPORTING OF SUBJECT INVENTIONS (NOVEMBER 2008)

a. This contract incorporates DFARS clause 252.227-7039, which implements the provisions of FAR 27.303(b)(2).

b. The Contractor must submit the interim and final invention reports through the Administrative Contracting Officer to the Procuring Contracting Officer on DD Form 882, Report of Inventions and Subcontracts. In accordance with DFARS 252.227-7038(e)(7) and 252.227-7039, the Contractor must furnish interim reports every twelve (12) months and final reports within three (3) months after completion of the contracted work. If the Contractor fails to disclose a subject invention, the Government may invoke the withholding of payments provision in DFARS clause 252.227-7038(k), if applicable.

c. The Contractor must include the clause at DFARS 252.227-7039 in all subcontracts with small businesses and non profit organizations, regardless of tier, for experimental, developmental, or research work.

d. The Contractor must account for the interim and final invention reports submitted by its subcontractor(s). The Contractor’s invention reports must contain a copy of each of its subcontractor's invention reports.

G-04 SUBMISSION OF PAYMENT REQUESTS USING WIDE AREA WORK FLOW – RECEIPT AND

ACCEPTANCE (WAWF-RA) (NOV 2008)

a. Requirement for Electronic Payment Requests by WAWF-RA

1. The Contractor shall establish a WAWF-RA vendor account IAW instructions in the DFAS Vendor Getting Started Guide, located on the training site, http://www.wawftraining.com/ at the ‘Resources’ link under ‘Vendor Tools.’

2. The Contractor shall submit all payment requests electronically in accordance with FAR Part 32. As prescribed in DFARS clause 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (Mar 2008), contractors shall submit all payment requests in electronic form unless the exception in the DFARS clause applies. Paper copies will no longer be processed for payment.

3. To facilitate electronic submission, contractors shall submit all payment requests through the Wide Area Work Flow-Receipt and Acceptance (WAWF-RA) System as described at http://www.dfas.mil/contractorpay/electroniccommerce/wideareaworkflow.html using the appropriate Service Acceptor’s DoDAAC (MDA’s (NCR) is HQ0006; JNIC is H95001, HSV is HQ0147). When using WAWF-RA, the contractor must include the Contracting Officer’s Representative’s (COR) e-mail in the invoice submission template in order to notify the COR that a WAWF document has been submitted for approval.

4. In accordance with Appendix F of the DFARS, at the time of each delivery of supplies or services under this contract, the contractor shall prepare and furnish to the Government the WAWF-RA electronic form in lieu of a paper copy Material Inspection and Receiving Report (MIRR), DD Form 250.

5. When requesting final payment, the Contractor must establish compliance with all terms of the contract by submitting a Final Receiving Report through WAWF-RA, or Letter of Transmittal, as applicable.

6. The WAWF Training Links are located on the Internet at http://www.wawftraining.com/ and on the ‘live’ site at https://wawf.eb.mil under “About WAWF”.

7. Questions regarding the use of the system are to be directed to the WAWF Help Desk:

DISA DECC Ogden Electronic Business Service Desk

CONUS ONLY: 1-866-618-5988

COMMERCIAL: 801-605-7095

DSN: 338-7095

FAX COMMERCIAL: 801-605-7453

FAX DSN: 388-7453

cscassig@csd.disa.mil

b. Submission of Invoices under Fixed Price Type Contracts

1. “Invoice” as used in this paragraph does not include the contractor’s requests for progress payments.

2. The use of WAWF-RA electronic form and invoice are in accordance with DFARS Appendix F.

3. In addition to the requirements of the Prompt Payment clause of the contract, the contractor shall cite on each invoice the contract line item (CLIN); the contract subline item number (SUBCLIN), if applicable; the accounting classification reference number (ACRN), and the payment terms.

4. The contractor shall prepare either:

a separate invoice for each activity designated to receive the supplies or services; or.

a consolidated invoice covering all shipments delivered under an individual order.

5. If acceptance is at origin, the contractor shall submit the WAWF-RA electronic form or other acceptance verification directly to the designated payment office.

6. If acceptance is at destination, the consignee will forward acceptance verification to the designated payment office.

OR

b. Submission of Vouchers under Time and Materials and Cost Type Contracts

1. Contractors approved under the Defense Contract Audit Agency’s (DCAA) direct billing program may submit the first and subsequent interim vouchers directly to the disbursing office. Contractors participating in the direct billing program must provide a copy of the first interim voucher to the cognizant DCAA office within 5 days of its submission to the disbursing office.

2. Upon written notification to the contractor, DCAA may rescind the direct submission authority. Upon receipt of the notice to rescind the direct submission authority, the contractor will immediately begin to submit invoices for the affected contracts to DCAA.

3. When authorized by the DCAA in accordance with DFARS 242.803(b) (i) (C), the contractor may submit interim payment requests. Such authorization does not extend to the first and final vouchers. Vouchers requesting interim payments shall be submitted no more than once every two weeks. For indefinite delivery type contracts, interim payment requests shall be submitted no more than once every two weeks for each delivery order.

There shall be a lapse of no more than 90 calendar days between performance and submission of an interim payment request.

4. The contractor agrees to segregate costs incurred under this contract at the level of performance, either task or subtask, or CLIN or SUBCLIN, rather than on a total contract basis, and to submit vouchers reflecting costs incurred at that level. Vouchers shall contain summaries of work charged during the period covered, as well as overall cumulative summaries for all work invoiced to date, by line item, subline item, task or subtask. Delivery orders will be segregated by individual order.

5. Prior to final voucher submission, the contractor must submit the final report/final deliverable to the contracting officer's representative (COR) for approval. The COR will provide to the contractor an e-mail stating acceptance of the final report/final deliverable. The contractor must attach the approval to the final voucher in WAWF and forward to the cognizant DCAA office and ACO for approval.

Section H - Special Contract Requirements

H-01 TASK ORDERING (NOVEMBER 2008)

a. GENERAL INFORMATION:

1) The Government will issue the Request for Task Order Proposal (RTOP) to the prime contractor(s) consistent with the ordering procedures contained in FAR 16.505(b). TO’s will predominantly be issued on a Firm-Fixed Price Basis. Invoicing and payment terms will be negotiated at the individual task order level. The government may issue cost-type TO’s, if the nature of the work warrants.

2) Performance can only be authorized by issuance of a task order or revision thereto issued by the contracting officer. All task orders will be issued in writing via DD Form 1155. Any changes will be issued in writing, will set forth any additional obligation incurred by the Government, will be adequately funded, and shall be signed by the PCO in advance of the contractor initiating the change.

3) It is anticipated that orders will be solicited, negotiated, and awarded based on bilateral agreement of the parties. In emergency situations or when a bilateral task order cannot be otherwise definitized in a timely manner, the government reserves the right to issue unilateral task orders on an undefinitized basis. Any such undefinitized unilateral task order shall be definitized in accordance with DFARS 252.217-7027 (Contract Definitization) utilizing a not to exceed ceiling amount provided by the contractor.

4) The Government may release task order proposal data submitted by the contractor to non- Government advisors for review and analysis. These contractor personnel are restricted by the “Organizational Conflict of Interest” clause in their respective contracts from being a prime, subcontractor, or teaming partner on any other MDA contract. These contractor personnel are also required to protect proprietary information from unauthorized use and disclosure. The contractor agrees, by submission of their task order proposal, to have it reviewed by these contractors: CACI, Incorporated and Kepler Research, Incorporated.

5) The task order Ombudsman for MDA is:

Competition Advocate

MDA/DACP

7100 Defense Pentagon Washington, DC 20307-7100

b. TASK ORDER PROPOSAL PROCESS: The government will prepare an RTOP which will include as a minimum (i) a performance work statement (PWS), (ii) overall period of performance, (iii) DD Form 254 (if different from the basic contract DD Form 254) , (iv) any government furnished equipment (GFE), and

(v) applicable evaluation criteria. Upon receipt of the RTOP, the contractor shall submit its proposal for the task order effort within ten working days, unless a longer period of time is specified in the RTOP.

During this period, contractors will be afforded the opportunity to submit questions regarding the draft requirement. Each RTOP proposal shall include a brief description of the following (if requested in the

RTOP):

1. How the Contractor proposes to accomplish the effort, including a description of the performing team member(s), including the one individual who will act as the single point of contact. The contractor’s proposed technical solution may be provided via an oral technical presentation, as well as written, as specified in the RTOP.

2. Order estimate by CLIN, including the mix of labor competency levels, hours and rates. Rates shall be at or below those contained in the Pricing Tables attached in Section J of the base contract. Submitted labor competency levels shall be IAW with the descriptions and position requirements located in the competency level Description (also attached in Section J.)

3. Availability and capability of key personnel that would perform under the task order to include resumes. (Resume format may be provided in the RTOP.)

4. The percentage of the proposed total price for the task order that will go to small businesses either as the prime contractor or as the first tier subcontractor. Small businesses shall be defined by the applicable size standard associated with the NAICS code solicited in the basic contract RFP.

5. For each RTOP after the first, the actual percentage of the total price of previous task orders that went to small businesses either as a prime contractor or a first tier subcontractor. Small businesses shall be defined by the applicable size standard with the NAICS code associated with the base contract RFP. A separate percentage should be submitted for each previous task order received under this contract.

6. Resolution of any potential organizational conflict(s) of interest (OCI) or a statement explaining why none exists.

7. Any additional input as required by the RTOP.

c. TASK ORDER CRITERIA AND EVALUATION PROCESS.

1. The evaluation criteria will reflect best value analysis for performance-based acquisition. The Federal Acquisition Regulation encourages consideration of non-price evaluation factors as part of the best value analysis. In making the best value determination, it is possible that after conducting a tradeoff analysis of the proposals, the lowest price may not necessarily represent the best value.

2. After responses, to include oral presentations, have been evaluated against the factors identified in the RTOP, and the contractor’s rates have been verified, the order will be placed with the contractor whose proposal represents the best value to meet the Government’s needs. It is within the Government's discretion to evaluate RTOP proposals and determine if award should be divided among IDIQ prime contractors to fulfill the Government requirement in a best value determination. If the Government determines that a divided award is in its best interest, it will go back to the offerors and request Final Proposal Revisions (FPR) by a specified date. If no FPR is received, the Government may use the labor rates contained in the original RTOP proposal. The selection decision and award recommendation will be the responsibility of the Contracting Officer.

3. Contractors are put on notice that, among other evaluation factors listed in the RTOP, total small business utilization for the proposed task order will be an evaluation factor. Contractors are also put on notice that after the issue of the first task order, past performance with regard to proposed small business utilization on previous task orders will be an evaluation factor on every RTOP.

4. Performance data will be collected IAW the Quality Assurance Surveillance Plan (QASP) attached in Section J. All past performance data, including any CPARS data, shall be utilized in the evaluations of task order proposals. The Government reserves the right to not award a task order after issuing an RTOP.

H-02 AUTHORIZED TRAVEL AND TRAVEL COSTS AS SPECIFIED UNDER A TRAVEL CLIN

(NOVEMBER 2008)

a. Travel. All contractor travel (non-local) that is directly billed under this contract as a specific travel CLIN (other than extended commuting travel as defined under paragraph c. below) must be approved in advance in writing by the COR using MDA Form 110 (dated October 2004).

b. Extended Commuting Travel.

(1) All contractor extended commuting travel under this contract must be approved by the COR using MDA Form 110 (dated October 2004). Such approval will be granted only after review and government acceptance of contractor documentation showing that extended commuting travel is the most effective means of fulfilling the government’s requirements – cost and other factors considered.

(2) Extended commuting travel may be authorized for up to 90 days at a time and must be authorized in advance as stated in b. (1) above.

c. Definition: Extended Commuting Travel – travel that occurs regularly in the performance of this contract where an individual or individuals travel back and forth from their normal place, or city of employment to another location or locations over a 30 day (or longer) period.

H-03 PUBLIC RELEASE OF INFORMATION (MAY 2005)

a. The policies and procedures outlined herein apply to information submitted by the Contractor and his subcontractors for approval for public release. Prior to public release, all information shall be cleared as shown in the “National Industrial Security Program Operating Manual” (DoD 5220.22-M). At a minimum, these materials may be technical papers, presentations, articles for publication and speeches or mass media material, such as press releases, photographs, fact sheets, advertising, posters, compact discs, videos, etc.

b. All materials which relate to the work performed by the contractor under this contract shall be submitted to MDA for review and approval prior to release to the public. Subcontractor public information materials shall be submitted for approval through the prime contractor to MDA.

c. The MDA review and approval process for contractors working under an MDA contract starts with the contracting officer’s representative (COR).

(1) The contractor shall request a copy of MDA form “Security and Policy Review Worksheet for Public Release Review” (.pdf format) or any superseding form from the MDA.

(2) The contractor shall complete Blocks 1, 2, 3 and 6 of the Clearance Request form (or comply with the instructions of any superseding form) and submit it with materials to be cleared to the COR (see paragraph j.

below). If the information was previously cleared, provide the Public Release Case Number if available and a copy of the previous document highlighting the updated information.

(3) The COR may affirm “public releaseability” by signing the Statement of Certification in Block 7 of the Clearance Request.

(4) The COR will forward the Clearance Request with the materials to be cleared to the MDA designated point of contact for Block 8 approval and submission of package to MDA/PA.

(5) The COR will notify the contractor of the agency’s final decision regarding the status of the request.

d. The contractor shall submit the following to the COR at least 60 days in advance of the proposed release date:

(1) Security and Policy Review worksheet and one (1) electronic copy of the material to be reviewed.

(2) Written statement, including:

(a) To whom the material is to be released

(b) Desired date for public release

(c) Statement that the material has been reviewed and approved by officials of the contractor or the subcontractor, for public release, and

(d) The contract number.

e. The items submitted must be complete. Photographs shall have captions.

f. Outlines, rough drafts, marked-up copy (with handwritten notes), incorrect distribution statements, FOUO information, export controlled or ITAR information will not be accepted or cleared.

g. Abstracts or abbreviated materials may be submitted if the intent is to determine the feasibility of going further in preparing a complete paper for clearance. However, clearance of abstracts or abbreviated materials does not satisfy the requirement for clearance of the entire paper.

h. The MDA Director of Public Affairs (MDA/PA) is responsible for coordinating the public release review.

MDA/PA will work directly with the COR if there are questions or concerns regarding submissions. MDA/PA will not work with contractors who have not gone through their COR.

i. Once information has been cleared for public release, it is in the public domain and shall always be used in its originally cleared context and format. Information previously cleared for public release but containing new, modified or further developed information must be submitted again for public release following the steps outlined in items a. through h. above.

j. Due to time and screening constraints, it is recommended that all “public release” packages submitted to MDA be forwarded by a commercial overnight delivery service, addressed as follows:

Missile Defense Agency/XX Attn: First name, Last name* COR Mailing Address City, State, Zip Code

* Insert name and address of COR

H-04 ORGANIZATIONAL CONFLICT OF INTEREST (OCI) AND ACCESS AND USE OF PROPRIETARY

AND NONPUBLIC INFORMATION (JANUARY 2009)

a. Introduction

1. The Missile Defense Agency’s OCI policy is at Attachment 6 of this contract.

2. The term “contractor” as used in this clause includes the contractor, all its separate corporate divisions or entities, subcontractors at any tier, and all successors in interest.

3. The term “organizational conflict of interest” is defined in FAR 2.101 and shall include actual or apparent conflicts as well as situations which create an appearance of an OCI. In assessing and addressing conflicts of interest, MDA will follow the guidance in FAR Subpart 9.5.

4. This contract requires the contractor to provide support services to the Government that may result in actual or potential conflicts of interest for the contractor, or may provide the contractor with the potential to attain an unfair competitive advantage. To ensure that the contractor’s objectivity and judgment are not biased, and to prevent unfair competitive advantages, the contractor shall comply fully with the requirements and restrictions of this clause.

b. Eligibility Restrictions on Other MDA-Funded Efforts

1. Bias and impaired objectivity:

(a) The contracting officer may preclude the contractor from participating in other MDA-funded contracts, as a prime or subcontractor, based upon its performance of technical direction or systems engineering, its participation in the preparation of specifications or work statements, or its performance of evaluation, analysis of services, products or capabilities under this contract.

(b) These restrictions may be imposed to prevent bias or impaired objectivity in situations where the contractor may be placed in a position of evaluating or favoring its own work products and capabilities, those of other companies with whom it has a financial relationship, or those of its competitors. To preclude bias or impaired objectivity with respect to other MDA-funded contracts, the contractor shall obtain the written approval of the contracting officer before participating in other MDA-funded contracts at the prime or subcontractor levels.

(c) To the extent that the contractor believes its participation in other MDA-funded contracts should not be proscribed by this clause or the provisions of FAR Subpart 9.5, the contractor shall furnish its detailed justification to the contracting officer and obtain written concurrence that such activities are not objectionable to the agency on the basis of actual, potential or apparent OCI’s.

2. Continuing duty:

(a) The contractor is responsible for meeting the terms of this OCI clause, and has an affirmative continuing duty to promptly disclose conflicts to the contracting officer, submit an acceptable mitigation plan to the contracting officer, and update its mitigation plan as necessary.

(b) The contractor shall review and update its OCI disclosures and its mitigation plan in connection with the competition or award of each task order, and whenever it seeks consent to add a subcontractor to this contract.

The contracting officer may also require the contractor to update its OCI disclosures and mitigation plan prior to a contract modification or contract extension, or at any time an actual or potential OCI is suspected.

(c) The contractor shall also promptly advise the contracting officer of its intent to acquire other contractors doing business with the agency or that it is being acquired by another contractor. Such notice shall be provided no later than the public acknowledgement of such acquisition actions. No later than 7 days after this notice to the contracting officer, or as sooner as directed by the contracting officer, the contractor shall submit a listing and description of all contracts which may be affected by the acquisitions, identify any conflicts that may result from these acquisition activities, and specify additional mitigation measures.

(d) The contractor shall establish OCI policies and training to ensure its responsibilities for the identification and prevention of OCIs are met. Such training shall be accomplished upon contract award with refresher training conducted annually.

3. The contracting officer’s decision regarding the existence or nonexistence of an OCI shall be final. The government reserves the right to waive OCIs when in the government’s interest.

4. Remedies: Compliance with this clause shall be a material requirement of this contract. Should the contractor fail to comply with this clause or misrepresent relevant facts in its disclosures or submissions, the government may terminate this contract for default, and pursue such other remedies as authorized by law or this contract.

5. Individual employee conflicts of interest:

(a) The contractor shall establish a program to identify and resolve the individual financial or other conflicts of interest of the employees performing this contract, and to prevent employees from using information obtained in connection with this contract for private gain. Individual financial interests shall include the interests of an employee or any member of his or her household.

(b) The contractor shall notify the contracting officer of any potential conflict of interest involving an employee and seek contracting officer concurrence for that employee’s performance of contract services, particularly with respect to performing services in connection with source selection or other evaluation activities.

The contractor shall fully cooperate with the contracting officer in resolving all individual contractor employee conflicts of interest.

6. Flow down requirements: The contractor shall include this clause in all subcontracts awarded for performance of any portion of this contract, and shall be responsible for ensuring its subcontractors strictly adhere to the requirements imposed by this clause.

7. MDA National Team (MDNT) Participants may work for a MiDAESS contract awardee, including direct or indirect involvement with any subsequently competed MiDAESS Task Orders, so long as they are not continuing to also work as a MDNT Participant. The term "MDNT Participant" means those individuals who are assigned by their MDNT employer to work on the MDNT and, by reason of this assignment, will have access to the Proprietary Information of others or to information that could provide its employer an unfair competitive advantage. Former MDNT Participants have a continuing duty to protect proprietary information acquired under the MDNT program and to refrain from any non-MDNT use of such information without permission of the owner.

c. Access and Use of Proprietary and Nonpublic Information

1. In the course of performance of this contract, the contractor may obtain access to proprietary information of other contractors. The contractor agrees that it shall treat such information consistent with the restrictions imposed on such information. Unless the government has obtained prior consent to the contractor’s use or access to another contractor’s proprietary information, the contractor shall enter into a written nondisclosure agreement with other contractors for the protection of their proprietary information, and shall protect such information from unauthorized release or use.

2. In the course of performance of this contract, the contractor may also obtain access to and generate non-public information. Non-public information consists of government sensitive information and includes, but is not limited to: acquisition planning and strategy; planning, programming, budgeting and execution (PPBE) information;

the government’s financial information; information pertaining to the operation and plans of the agency or the federal government; and information that would be protected from disclosure pursuant to an exemption under the Freedom of Information or Privacy Acts. Except to the extent such information has been made available to the public, the contractor agrees that it shall not disclose or use such information without the prior approval of the contracting officer. The contractor agrees that it shall not use such information for any private purpose or permit any employee to use such information for any private purpose.

3. Proprietary and nonpublic information shall be used solely in performance of this contract and shall not be disclosed to other contractor employees or officials. Such information shall not be disclosed to government employees except on a need to know basis. The contractor shall take appropriate measures to ensure such information is only used by the contractor employees involved in performance of this contract, and shall create firewalls and other appropriate measures to ensure such information is only disclosed and used by employees performing this contract. The contractor shall not solicit or obtain proprietary or nonpublic information from its employees who are performing this contract. The contractor shall promptly report all unauthorized disclosures in violation of this provision, and actions it has taken to preclude future occurrences.

4. The contractor additionally shall establish nondisclosure policies and training to ensure its responsibilities for the protection of proprietary and nonpublic information are met; such training shall be accomplished upon contract award with refresher training conducted annually. The contractor shall obtain nondisclosure agreements from all employees who receive such information and shall provide to the contracting officer a list of all employees who have executed such agreements upon commencement of performance of this contract, and on an annual basis thereafter, and as requested by the contracting officer. The contractor will also furnish copies of the agreements to the contracting officer on request. The contractor shall also furnish its nondisclosure policies and training programs to the contracting officer if requested.

5. To address contingencies not specifically addressed by this clause, the contracting officer may direct the contractor to take additional appropriate measures to safeguard information, particularly during the course of a procurement or source selection.

6. In order to facilitate the complete development and integration of the BMDS, the contracting officer may additionally direct the contractor to negotiate appropriate nondisclosure agreements with the agency’s major development contractors.

7. In performance of this contract, contractor employees shall wear name tags or badges which disclose their contractor status, and shall promptly identify themselves, and…