HQ0147-19-R-0006_SOLICITATION_7JUN19.docx

HQ014719R0006

Section SF 1449 - CONTINUATION SHEET

Huntsville/NCR Labor

FFP

This CLIN is issued on a FFP basis for non-personal services in support of the VIPC program office as defined in the Performance Work Statement for the Huntsville, AL and National Capitol Region/MDA Headquarters locations. All PWS paragraphs apply.

FOB: Destination

NET AMT

FSC CD: T001

All Sites ODC except HR

COST

This CLIN is for Other Direct Costs that are incidental to the services provided under this contract. Fee is not allowed. The estimated value for the ODC CLIN is $921,000.00.

ESTIMATED COST

Huntsville/NCR related Travel except DT

This CLIN will be used for Government approved travel. Cost will be in accordance with the Joint Travel Regulation (JTR). Fee is not allowed. The estimated value for the Travel CLIN is $360,000.00.

ESTIMATED COST

FSC CD: V999

CDRLs

Contract Data Requirements List (CDRL), DD Form 1423. This CLIN is not separately priced. The period of performance of this CLIN will be extended when option CLINs are exercised extending the overall period of performance of the contract.

NET AMT

FSC CD: AC26

FFP-LOE

This CLIN includes labor hours to be exercised and awarded on task instructions in accordance with PWS paragraph 10.0 and Section J Attachment 15.

NET AMT

CEILING PRICE

Dahlgren Labor

This CLIN is issued on a FFP basis for non-personal services in support of the VIPC program office as defined in the Performance Work Statement for the Dahlgren, VA location. All PWS paragraphs apply.

NET AMT

Dahlgren related Travel

This CLIN will be used for Government approved travel. Cost will be in accordance with the Joint Travel Regulation (JTR). Fee is not allowed. The estimated value for the Travel CLIN is $178,000.00.

ESTIMATED COST

DT Travel

This CLIN will be used for Government approved travel. Cost will be in accordance with the Joint Travel Regulation (JTR). Fee is not allowed. The estimated value for the Travel CLIN is $835,000.00.

ESTIMATED COST

MDIOC/COS Labor

This CLIN is issued on a FFP basis for non-personal services in support of the VIPC program office as defined in the Performance Work Statement for the MDIOC/Colorado Springs, CO location. All PWS paragraphs apply.

NET AMT

FMS ODC (AE-B-UAF)/LN119)

This CLIN is for Other Direct Costs that are incidental to the services provided under this contract. Fee is not allowed. The estimated value for the FMS ODC CLIN is $12,000.00 per year for the base period.

ESTIMATED COST

FMS ODC (SR-I-WIA)/LN002)

This CLIN is for Other Direct Costs that are incidental to the services provided under this contract. Fee is not allowed. The estimated value for the FMS ODC CLIN is $2,666.00 per year for the base period.

ESTIMATED COST

FMS ODC (SR-I-WIB)

This CLIN is for Other Direct Costs that are incidental to the services provided under this contract. Fee is not allowed. The estimated value for the FMS ODC CLIN is $10,666.00, per year for the base period.

ESTIMATED COST

Human Resources (HR) ODC

This CLIN is for VIPC training narration support PWS 3.3.1. The estimated value for the ODC CLIN is $30,666.00, per year for the base period.

ESTIMATED COST

FFP

This CLIN is issued on a FFP basis for non-personal services in support of the VIPC program office as defined in the Performance Work Statement for the Huntsville, AL and National Capitol Region/MDA Headquarters locations. All PWS paragraphs apply.

ESTIMATED

NET AMT

COST

This CLIN is for Other Direct Costs that are incidental to the services provided under this contract. Fee is not allowed. The estimated value for the ODC CLIN is $320,000.00.

ESTIMATED COST

COST

This CLIN will be used for Government approved travel. Cost will be in accordance with the Joint Travel Regulation (JTR). Fee is not allowed. The estimated value for the Travel CLIN is $125,000.00.

ESTIMATED COST

FFP-LOE

This CLIN includes labor hours to be exercised and awarded on task instructions in accordance with PWS paragraph 10.0 and Section J Attachment 15.

NET AMT

CEILING PRICE

FFP

This CLIN is issued on a FFP basis for non-personal services in support of the VIPC program office as defined in the Performance Work Statement for the Dahlgren, VA location. All PWS paragraphs apply.

NET AMT

COST

This CLIN will be used for Government approved travel. Cost will be in accordance with the Joint Travel Regulation (JTR). Fee is not allowed. The estimated value for the Travel CLIN is $57,000.00.

ESTIMATED COST

COST

This CLIN will be used for Government approved travel. Cost will be in accordance with the Joint Travel Regulation (JTR). Fee is not allowed. The estimated value for the Travel CLIN is $250,000.00.

ESTIMATED COST

FFP

This CLIN is issued on a FFP basis for non-personal services in support of the VIPC program office as defined in the Performance Work Statement for the MDIOC/Colorado Springs, CO location. All PWS paragraphs apply.

NET AMT

COST

This CLIN is for Other Direct Costs that are incidental to the services provided under this contract. Fee is not allowed. The estimated value for the FMS ODC CLIN is $12,000.00.

ESTIMATED COST

COST

This CLIN is for Other Direct Costs that are incidental to the services provided under this contract. Fee is not allowed. The estimated value for the FMS ODC CLIN is $16,000.00.

ESTIMATED COST

COST

This CLIN is for VIPC training narration support PWS 3.3.1. The estimated value for the HR ODC CLIN is $32,000.00.

ESTIMATED COST

FFP

This CLIN is issued on a FFP basis for non-personal services in support of the VIPC program office as defined in the Performance Work Statement for the Huntsville, AL and National Capitol Region/MDA Headquarters locations. All PWS paragraphs apply.

NET AMT

COST

This CLIN is for Other Direct Costs that are incidental to the services provided under this contract. Fee is not allowed. The estimated value for the ODC CLIN is $302,000.00.

ESTIMATED COST

COST

This CLIN will be used for Government approved travel. Cost will be in accordance with the Joint Travel Regulation (JTR). Fee is not allowed. The estimated value for the Travel CLIN is $128,000.00.

ESTIMATED COST

FFP-LOE

This CLIN includes labor hours to be exercised and awarded on task instructions in accordance with PWS paragraph 10.0 and Section J Attachment 15.

NET AMT

CEILING PRICE

FFP

This CLIN is issued on a FFP basis for non-personal services in support of the VIPC program office as defined in the Performance Work Statement for the Dahlgren, VA location. All PWS paragraphs apply.

NET AMT

COST

This CLIN will be used for Government approved travel. Cost will be in accordance with the Joint Travel Regulation (JTR). Fee is not allowed. The estimated value for the Travel CLIN is $97,000.00.

ESTIMATED COST

COST

This CLIN will be used for Government approved travel. Cost will be in accordance with the Joint Travel Regulation (JTR). Fee is not allowed. The estimated value for the Travel CLIN is $415,000.00.

ESTIMATED COST

FFP

This CLIN is issued on a FFP basis for non-personal services in support of the VIPC program office as defined in the Performance Work Statement for the MDIOC/Colorado Springs, CO location. All PWS paragraphs apply.

NET AMT

COST

This CLIN is for Other Direct Costs that are incidental to the services provided under this contract. Fee is not allowed. The estimated value for the FMS ODC CLIN is $12,000.00.

ESTIMATED COST

COST

This CLIN is for Other Direct Costs that are incidental to the services provided under this contract. Fee is not allowed. The estimated value for the FMS ODC CLIN is $16,000.00.

ESTIMATED COST

COST

This CLIN is for VIPC training narration support PWS 3.3.1. The estimated value for the ODC CLIN is $33,000.00.

ESTIMATED COST

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

C-01 SCOPE OF WORK (MAY 2005)

The Contractor shall perform the work specified in the Performance Work Statement or other Attachments and Exhibits located in the “List of Attachments & Exhibits” of this contract. The Contractor shall provide all necessary materials, labor, and equipment incidental to the performance of this requirement.

D-01 PACKAGING AND MARKING OF TECHNICAL DATA (APR 2009)

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 current National Industrial Security Program Operating Manual (NISPOM), DOD 5220.22-M.

G-01 CONTRACT ADMINISTRATION (MAY 2012)

Notwithstanding the Contractor’s responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government points of contact during the performance of this contract:

a. CONTRACTING OFFICERS

All contract administration will be effected by the Procuring Contracting Officer (PCO) or designated Administrative Contracting Officer (ACO). Communication pertaining to the contract administration should be addressed to the Contracting Officer. Contract administration functions (see FAR 42.302 and DFARS 242.302) are assigned to the cognizant contract administration office. No changes, deviations, or waivers shall be effective without a modification of the contract executed by the Contracting Officer or his duly authorized representative authorizing such changes, deviations, or waivers.

The point of contact for all contractual matters is:

Name: Joshua Kachelman Organizational Code: MDA/CTS Telephone Number: 256-450-0343 E-Mail Address: joshua.kachelman@mda.mil

b. CONTRACTING OFFICER’S REPRESENTATIVE/CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE

Neither the Contracting Officer’s Representative (COR) nor the Contracting Officer’s Technical Representative (COTR) is authorized to change any of the terms and conditions of the contract. The Contractor is advised that only the Contracting Officer can change or modify the contract terms or take any other action which obligates the Government. Then, such action must be set forth in a formal modification to the contract. The authority of the COR and the COTR is strictly limited to him/her, without redelegation, to the specific duties set forth in his/her letter of appointment, a copy of which is furnished to the Contractor. Contractors who rely on direction from other than the Contracting Officer, a COR or a COTR acting outside the strict limits of his/her responsibilities as set forth in his/her letter of appointment do so at their own risk and expense. Such actions do not bind the Government contractually. Any contractual questions shall be directed to the Contracting Officer.

The Contract Specialist under this contract is:

Name: Ashley Kennemer Organizational Code: MDA/CTS Telephone Number: 256-450-1170 E-Mail Address: ashley.kennemer@mda.mil

c. CONTRACTING OFFICIAL FOR eSRS

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

Name: Joshua Kachelman Organizational Code: MDA/CTS Telephone Number: 256-450-0343 E-Mail Address: joshua.kachelman@mda.mil

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

G-06 ALLOTMENT OF FUNDS (MAY 2005)

Pursuant to FAR 52.232-22, “Limitation of Funds,” the total amount of funds presently available for payment and allotted to this contract (which covers all items, including fee payable), and the estimated period of performance said funds cover, are as follow:

Estimated funds exhaustion date: Insert Date:

H-08 PUBLIC RELEASE OF INFORMATION (Jun 2013)

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 must be cleared as shown in the “National Industrial Security Program Operations 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 must be submitted to MDA for review and approval prior to release to the public. Subcontractor public information materials must be submitted for approval through the prime contractor to MDA.

c. Upon request, the Contracting Officer’s Representative (COR) will provide the contractor the MDA Form 003, “Security and Policy Review” or any superseding MDA form. The contractor must complete Sections A-C and E-H of the Form 003 (or comply with the instructions of any superseding form) and submit it to the COR with the materials to be cleared. 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.

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

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

f. Outlines, rough drafts, marked-up copy (with handwritten notes), incorrect distribution statements, For Official Use Only (FOUO) information, export controlled, or International Traffic in Arms Regulations ( 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. The COR will notify the contractor of the agency’s final decision regarding the status of the request.

j. Once information has been cleared for public release, it is in the public domain and must 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.

H-09 ORGANIZATIONAL CONFLICT OF INTEREST (Jun 2012)

a. Purpose: The primary purpose of this clause is to aid in ensuring that:

(1) the Contractor's objectivity and judgment are not biased because of its present or planned interests which relate to work under this contract;

(2) the Contractor does not obtain unfair competitive advantage by virtue of its access to non-public information regarding the Government's program plans and actual or anticipated resources; and

(3) the Contractor does not obtain unfair competitive advantage by virtue of its access to proprietary information belonging to others.

b. Scope: Organizational Conflict of Interest (OCI) rules, procedures and responsibilities as described in FAR Subpart 9.5 shall be applicable to this contract and any resulting subcontracts.

(1) The general rules in FAR 9.505-1 through 9.505-4 and the restrictions described herein shall apply to performance or participation by the Contractor and any of its affiliates or their successors-in-interest (hereinafter collectively referred to as "Contractor") in the activities covered by this contract as prime Contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity.

(2) The Missile Defense Agency’s OCI policy is in Attachment 9 of this contract.

c. Access to and Use of Nonpublic Information: If the Contractor, in performance of this contract, obtains access to nonpublic information such as plans, policies, reports, studies, financial plans, or data which has not been released or otherwise made available to the public, the Contractor agrees that without prior written approval of the Contracting Officer, it shall not:

(1) use such information for any private purpose;

(2) release such information.

d. Access to and Protection of Proprietary Information: The Contractor agrees to exercise diligent effort to protect proprietary information from misuse or unauthorized disclosure in accordance with the provisions of FAR 9.505-4. The Contractor may be required to enter into a written non-disclosure agreement with the third party asserting proprietary restrictions.

e. Subcontracts: The Contractor shall include this clause in consulting agreements, teaming agreements, subcontracts, or other arrangements for provision of services or supplies of any tier. The terms "contract", "Contractor", and "Contracting Officer" shall be appropriately modified to preserve the Government's rights.

f. Representations and Disclosures:

(1) The Contractor represents that it has disclosed to the Contracting Officer, prior to award, all facts relevant to the existence or potential existence of organizational conflicts of interest as that term is used in FAR Subpart 9.5. To facilitate disclosure and Contracting Officer approval, the Contractor shall complete an OCI Analysis/Disclosure Form for each MDA, Ballistic Missile Defense (BMD), and BMD-related contract or subcontract (form shall be requested from the Procuring Contracting Officer).

(2) The Contractor represents that if it discovers an organizational conflict of interest or potential conflict of interest after award, a prompt and full disclosure shall be made in writing to the Contracting Officer. This disclosure shall include a description of the action the Contractor has taken or proposes to take in order to avoid or mitigate such conflicts.

g. Remedies and Waiver:

(1) For breach of any of the above restrictions or for non-disclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may: terminate this contract for default; disqualify the Contractor from subsequent related contractual efforts if necessary to neutralize a resulting organizational conflict of interest; and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with this clause, the Contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof) subsequent to contract award, the Contracting Officer may terminate this contract for convenience if such termination is deemed to be in the best interest of the Government or take other appropriate actions.

(2) The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the Contractor may at any time seek a waiver from the Director, MDA, (via the Contracting Officer) by submitting a full written description of the requested waiver and the reasons in support thereof.

H-14 PERSONNEL QUALIFICATIONS (MAY 2005)

a. The Contractor shall promptly notify the Contracting Officer and Contracting Officer’s Representative prior to making any changes in key staff. If replacing key staff the Contractor shall adhere to the following: (1) replacement person’s qualifications are equal to or better than the qualifications of the person being replaced; or (2) the added person’s qualifications are equal to or better than the core capabilities of this contract. Key staff positions are defined as: Contract Program Manager (CPM)/Contract Technical Lead (CTL) and Contract Operations Manager (COM). (See Attachment 1, Performance Work Statement)

b. All Contractor notifications must provide the name and departure date for the incumbent leaving, a complete resume for the proposed substitute, and any other pertinent information requested by the Contracting Officer. The Government shall be provided the opportunity to review the proposed substitution regarding qualifications, security matters or any other concerns which could, in its opinion, affect performance under this contract.

c. This clause does not, in any way, abrogate the contractor’s authority to hire or assign personnel as it sees fit, or its responsibility to fill key positions with qualified personnel.

H-16 CONTRACTOR ACCESS TO PLANNING, PROGRAMMING, BUDGETING AND EXECUTION (PPBE) DATA (OCT 2014)

a. In order to perform the requirements of this contract, the Contractor shall be required to receive, review, analyze, and prepare (hereinafter shall be referred to as "process") reports/data which contain Government Planning, Programming, Budgeting, and Execution (PPBE) data. However, the Missile Defense Agency is authorized to release PPBE data to the Contractor only after compliance with the provisions of this clause has been met. Additionally, the Contractor is also required to comply with the provisions of MDA Instruction 7045.01-INS, “Contractor Access to Planning, Programming, Budgeting, and Execution (PPBE) Data” where applicable.

b. The prime Contractor shall provide the following information to the Contracting Officer within fifteen (15) days from the date of this contract:

(1) Affiliates (parent company, subsidiaries, joint ventures, and partnerships, etc.):

(2) Agents, consultants, and subcontractors related to this contract:

The Contracting Officer shall be immediately notified in writing in the event of any changes in b (1) or (2) above throughout the performance of this contract. With regard to competing on future MDA procurements, the Contractor must abide by the Organizational Conflict of Interest provisions of this contract.

c. PPBE data is defined as: Current or future Planning, Programming, Budgeting and Execution (PPBE) data regarding any activity relating to the MDA Program or any of its projects regardless of the funding source or date of the document.

(1) Planning data defines the national military strategy; integrates the military forces necessary to accomplish that strategy; prioritizes the resources for effectively accomplishing the mission; and provides decision options.

(2) Programming data reflects the systematic analysis of missions and objectives to be achieved, alternative methods, and effective allocation of limited resources.

(3) Budgeting data are detailed financial estimates of the MDA Program or any of its related projects.

(4) Execution data relates to the recording of expenditures that document how the funds were spent.

d. The following list of documents (which is exemplary but not all inclusive) obtained from DoD Directive 7045.14, “The Planning, Programming, Budgeting, and Execution (PPBE) Process,” January 25, 2013, and other sources are considered PPBE documents:

(1) PLANNING

(2) PROGRAMING

(3) BUDGETING

(4) EXECUTION

e. The Contractor shall be responsible for informing its personnel (hereinafter includes persons employed by the Contractor as an agent, consultant, or subcontractor) of the provisions of this clause and providing original MDA PPBE certifications, “PPBE Non-Disclosure Agreements” (MDA Form 99), to the Contracting Officer within fifteen (15) days after the award of this contract. A “PPBE Non-Disclosure Agreement” shall be obtained from each Contractor employee involved in the performance of this contract that requires access to such data. Each individual shall be required to agree to:

(1) Read and comply with the applicable provisions of this clause, the non-disclosure agreement, and the provisions of MDA Instruction 7045.01-INS.

(2) Handle PPBE data as for official use only.

(3) Ensure PPBE data entrusted to them will ONLY be used in accordance with applicable MDA governing regulations, for the purpose for which it was provided, and within the scope of the Statement of Work.

(4) Not divulge PPBE data (obtained directly or indirectly in the performance of this contract unless directed by the Contracting Officer) to any individual, except to Government personnel whom they know to have a “need-to-know” and non-Government person(s) whom they know to have MDA PPBE authorization. Even though data becomes part of the public domain, contractor personnel are bound by the provisions of this clause not to confirm or deny questions regarding PPBE data. Inquiries by unauthorized persons should be referred to the Contracting Officer’s Representative or the Contracting Officer. (Verification of contractor personnel authorized access to PPBE data can be obtained only from the Contracting Officer.)

(5) Not transport (by any medium), maintain, or process PPBE data outside a Government facility unless the removal or preparation of such data at the facility is accomplished in accordance with a company's facility plan approved by MDA. (Verification of MDA PPBE-approved contractor facilities and individuals can be obtained from the Contracting Officer.) Authorization to transport PPBE data shall be provided by the Contracting Officer.

(6) Notify the Contracting Officer promptly if any non-Government person(s) or company(s) requests access to PPBE data.

f. The Contractor shall be responsible for immediately notifying the Contracting Officer in writing of any changes in its personnel with access to PPBE data, such as departures, new employees, or employees who no longer need access to such data under this contract.

g. Contractor personnel who have been granted access to PPBE data shall process, when possible, such data in Government workspaces using equipment furnished by the Government. However, if a contractor anticipates processing PPBE data in a Government facility on Contractor-owned equipment, prior written approval from the Contracting Officer must be obtained. The Contractor's written request should describe the equipment being used and a brief justification. After approval by the Contracting Officer, the request must be endorsed by the appropriate MDA office before bringing the equipment into the facility:

(1) Information Management and Technology Operations - all information technology equipment to include telefax and reproduction machines.

(2) Facilities, Military Construction, and Environmental Management – all other equipment and furniture.

h. Processing PPBE data at the Contractor's facility shall be performed only when absolutely essential and processing in Government workspaces is impractical. Prior to the processing of any such data outside of a Government facility or removal of PPBE data from a Government facility, the Contractor shall submit a written plan to the Contracting Officer outlining the procedures for maintaining and safeguarding such data at its facility. The Contractor shall submit its own plan or a plan which meets the general requirements identified in MDA Instruction 7045.01-INS. The plan shall be approved in writing by the Contracting Officer prior to removal of any PPBE data from a Government facility or the processing of any such data in the contractor's facility. A Contractor may submit a separate plan for each of its facilities that need to maintain such data or one plan as long as any differences between the procedures followed at each facility are clearly distinguishable in the plan. If an agent, consultant, or subcontractor requires the processing of PPBE data at its facility(s), they also must submit a separate facility plan through the prime Contractor for approval by the Contracting Officer.

NOTE: A plan is not required for Contractor personnel who have been given prior access to PPBE data to transport, process, or maintain such data at a Government or an MDA-approved contractor facility. (Verification of MDA approved Contractor facilities and authorized personnel can be obtained only from the Contracting Officer.)

i. If the Contractor is not required to process PPBE data at its facility(s), the contractor shall inventory all Government documents in its possession. The contractor shall notify the Contracting Officer in writing of such documents and request the method of document disposal. If the requirement to process such data at the contractor's facility(s) changes in the future, compliance with paragraph h above shall be required.

j. The Contractor shall provide training for all employees who require access to PPBE data on the proper handling and disclosure of such data. The contractor shall be responsible for ensuring that persons in their employment that have been granted access to PPBE data understand the consequences of divulging such data. Revealing PPBE data to unauthorized persons may provide other companies with an unfair advantage in future competitions or jeopardize national security interests.

k. In the event the Contractor or any of its employees, agents, subcontractor employees, or consultants fail to comply with the provisions of this clause, such noncompliance shall be deemed a material breach of the contract for which the Government reserves the right to terminate the contract for default and/or resort to such other rights and remedies, as provided for under this contract or under Federal laws. Noncompliance with the provisions of this clause may also adversely affect the evaluation of a Contractor's reliability in future acquisitions.

H-28 DISTRIBUTION CONTROL OF TECHNICAL INFORMATION (AUG 2014)

a. The following terms applicable to this clause are defined as follows:

1. DoD Official. Serves in DoD in one of the following positions: Program Director, Deputy Program Director, Program Manager, Deputy Program Manager, Procuring Contracting Officer, Administrative Contracting Officer, or Contracting Officer’s Representative.

2. Technical Document. Any recorded information (including software) that conveys scientific and technical information or technical data.

3. Scientific and Technical Information. Communicable knowledge or information resulting from or pertaining to the conduct or management of effort under this contract. (Includes programmatic information).

4. Technical Data. As defined in DFARS 252.227-7013.

b. Except as otherwise set forth in the Contract Data Requirements List (CDRL), DD Form 1423 the distribution of any technical documents prepared under this contract, in any stage of development or completion, is prohibited outside of the contractor and applicable subcontractors under this contract unless authorized by the Contracting Officer in writing. However, distribution of technical data is permissible to DOD officials having a “need to know” in connection with this contract or any other MDA contract provided that the technical data is properly marked according to the terms and conditions of this contract. When there is any doubt as to “need to know” for purposes of this paragraph, the Contracting Officer or the Contracting Officer’s Representative will provide direction. Authorization to distribute technical data by the Contracting Officer or the Contracting Officer’s Representative does not constitute a warranty of the technical data as it pertains to its accuracy, completeness, or adequacy. The contactor shall distribute this technical data relying on its own corporate best practices and the terms and conditions of this contract. Consequently, the Government assumes no responsibility for the distribution of such technical data nor will the Government have any liability, including third party liability, for such technical data should it be inaccurate, incomplete, improperly marked or otherwise defective. Therefore, such a distribution shall not violate 18 United States Code § 1905.

c. All technical documents prepared under this contract shall be marked with the following distribution statement, warning, and destruction notice identified in sub-paragraphs 1, 2, and 3 below. When it is technically not feasible to use the entire WARNING statement, an abbreviated marking may be used, and a copy of the full statement added to the "Notice To Accompany Release of Export Controlled Data" required by DoD Directive 5230.25.

1. DISTRIBUTION – DISTRIBUTION F – Further dissemination only as directed by the Consolidated Support Program Office, MDA/CS Bldg 5222 Redstone Arsenal, AL 35898-0001 or higher authority.

2. WARNING - This document contains technical data whose export is restricted by the Arms Export Control Act (Title 22, U.S.C., Sec 2751, et seq.) or the Export Administration Act of 1979 (Title 50, U.S.C., App. 2401 et seq), as amended. Violations of these export laws are subject to severe criminal penalties. Disseminate in accordance with provisions of DoD Directive 5230.25

3. DESTRUCTION NOTICE - For classified documents follow the procedures in DOD 5220.22-M, National Industrial Security Program Operating Manual, February 2006, Incorporating Change 1, March 28, 2013, Chapter 5, Section 7, or DoDM 5200.01-Volume 3, DoD Information Security Program: Protection of Classified Information, Enclosure 3, Section 17. For controlled unclassified information follow the procedures in DoDM 5200.01-Volume 4, Information Security Program: Controlled Unclassified Information.

d. The Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts.

H-29 COMMERCIAL COMPUTER SOFTWARE LICENSE (Mar 2013)

a. Unless otherwise approved by the PCO, commercial computer software licenses shall, upon delivery and acceptance, designate the U.S. Government as a contingent licensee, able to replace the Contractor as the primary licensee upon notifying the licensor. A copy of the negotiated license shall be furnished to the PCO. The terms of the licenses cannot be inconsistent with Federal procurement law and must satisfy user needs. This includes the Contractor's / subcontractor's needs for the software to perform this contract and the Government's needs for the software to accomplish the Government's ultimate objectives. At a minimum, this shall include the rights to make an archive copy of the software, to relocate the computer on which the software resides, to re-host the software on a different computer, to permit access by support contractors, and to permit the Government to transfer the license to another contractor.

b. Nothing in this clause shall take precedence over any other clause or provision of this contract. Government concurrence, as defined in paragraph a above, does not in any way affect the Government's technical data rights as established by the terms and conditions of this contract.

H-35 INCORPORATING COMMERCIAL AND OPEN SOURCE SOFTWARE (Aug 2012)

a. DFARS 252.227-7014(d) requires the written approval of the PCO before the Contractor may incorporate any copyrighted computer software in the software to be delivered under this contract.

b. A request for approval to incorporate Commercial Computer Software should be accompanied by a license that conforms with the requirements of the Commercial Computer Software Licenses clause of this contract.

c. A request for approval to incorporate Open Source Software must be accompanied by the applicable license, a detailed description of the source of the software and how it has been or will be used, and an explanation of the restrictions imposed and potential risks and liabilities.

d. Nothing in this clause shall take precedence over any other clause or provision of this contract. Government concurrence, as defined in paragraph a above, does not in any way affect the Government's technical data rights as established by the terms and conditions of this contract.

H-38 FEE/PROFIT LIMITATIONS (DEC 2010)

b. No Fee/Profit on Material and Other Direct Costs (ODC). With the exception of nominal material handling, the Contractor is not entitled to fee/profit on any ODC and/or material. Examples of ODC include, but are not limited to: travel, renewable licenses, leases, consultants, special tooling, and royalties. Examples of material include but are not limited to: equipment, hardware and spares/repair parts. In calculating total fee/profit, the Contractor shall exclude ODC and material costs from its total cost pool. This limitation shall flow down to subcontractors.

H-45 AS IS GOVERNMENT FURNISHED DATA/DOCUMENTATION AND COMPUTER SOFTWARE (Jan 2013) All technical data and computer software (as defined in DFARS 252.227-7013 and DFARS 252.227-7014) furnished by the Government is in an "as is" condition without any warranty as to its accuracy, completeness, or adequacy. The contractor shall use this technical data and computer software at its own risk. The Government assumes no responsibility for such furnished data/documentation/computer software nor will the Government have any liability for equitable adjustments to the terms and conditions of this contract should such data/documentation/computer software prove to be inaccurate, incomplete, or otherwise defective.

K-03 CONTRACT AUDIT (MAY 2005)

Designate below the Offeror's personnel whom the Government may contact for prompt action on matters pertaining to contract audits:

NAME: ___________________________________________

TITLE: ___________________________________________

K-04 CONTRACT ADMINISTRATION (MAY 2005)

Designate below the Offeror's personnel whom the Government may contact for prompt action on matters pertaining to administration of the contract.

NAME: ___________________________________________

TITLE: ___________________________________________

K-05 IDENTIFICATION OF CONGRESSIONAL DISTRICT(S) (MAY 2005)

The Offeror is requested to provide the U.S. Congressional District number and other pertinent information associated therewith for the areas given below:

(Note - continuation sheets may be used if adequate space is not available in the spaces set forth below.)

a. U.S. Congressional District for the Contractor: ________________________.

b. Corporate Office, if different from paragraph a. above:

U.S. Congressional District for this office: ____________________________

c. If the location for contractor performance is different from the addresses in (a) and (b), then the applicable U.S Congressional District for the performance location is: _______________

d. First Tier Subcontractors:

(1) Address used for subcontractor's proposal:

Name: ________________________________

U.S. Congressional District for this office _______________________

(2) If subcontractor's place of performance is different than provided in Block d. (1) above:

U.S. Congressional District for this office _______________________

CLAUSES INCORPORATED BY REFERENCE