Draft RFP M67854-13-R-7802_Draft Section L_26Oct12.pdf

DRAFT RFP M67854-13-R-7802

DRAFT SECTION L

INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

L.1 - 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference with the same force and effect as if included in full text. Upon request, the Contracting Officer will make their full text available. The Government cautions Offerors that the listed provisions may include blocks that Offerors must complete and submit with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, Offerors may access the full text of a solicitation provision electronically at http://farsite.hill.af.mil.

Number Title Date

52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (JUN 1999)

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

52.219-24 SMALL DISADVANTAGED BUSINESS PARTICIPATION (JAN 1999)

52.215-1 INSTRUCTIONS TO OFFERORS – COMPETITIVE ACQUISITION (JAN 2004)

L.2 TYPE OF CONTRACT (FAR 52.216-1) (APR 1984)

The Government contemplates award of a Firm Fixed Price contract with a COST Reimbursable CLIN for travel resulting from this solicitation.

L.3 - ANTICIPATED AWARD DATE (FEB 1995)

The anticipated award date for this requirement is May 22, 2013. Offerors should use this date as a basis for schedules and burden (labor, overheads, G&A, etc.) mid-point calculations.

L.4 - NUMBER OF AWARDS

The Government intends to award a single contract under this RFP.

L.5 - OFFER ACCEPTANCE PERIOD

The minimum offer acceptance period is 180 calendar days from the date the Government specifies for receipt of proposals.

L.6 - DISPOSITION OF SUBMITTALS

Submittals will not be returned, except for timely withdrawals, if requested.

L.7 - TIME, DATE AND PLACE FOR RECEIPT OF SUBMITTALS

All written proposals shall be submitted no later than 12:00 p.m. local time at the receiving office on 28 January 2013.

Written proposals shall be mailed/delivered as follows:

(a) ADDRESS FOR MAILED OFFERS

INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

MARCORSYSCOM / PMTRASYS

ATTN: Mr. John E. Lynch 12350 Research Parkway Orlando, FL 32826-3275

(b) INSTRUCTIONS FOR HANDCARRIED OFFERS - If the proposal or final proposal revision (if and when a final proposal revision is requested) is hand carried, the offeror may bring a transmittal form to be completed by the receiving official, prior to the closing date specified in Block 9 of the Standard Form 33 for proposals or as specified in the amendment/letter request for final revised proposal. All hand-carried offers shall be delivered to the following address:

UCF Partnership III – 5th Floor 3039 Technology Parkway Orlando, FL 32826 Attention: John E. Lynch (407) 380-4197

Contact Phone Numbers for Delivery:

John E. Lynch 407-380-4197 Janet Fondriest 407-380-8454 Maria Beauford 407-380-8257

(c) Submission of telegraphic, electronic mail (E-mail) or facsimile offers is NOT authorized for this solicitation.

L.8 SOLICITATION QUESTIONS

(a) Questions regarding this solicitation shall be submitted in writing. No phone calls will be accepted. The Government will answer all questions prior to the deadline for proposal submittal provided that those questions are received by 1400 local time at the receiving office, 14 January 2013. Questions shall be emailed to Janet Fondriest at janet.fondriest@usmc.mil. Answers to questions will be issued in the form of an RFP amendment.

(b) The Government reserves the right not to respond to any questions received concerning this solicitation after the date in L.8(a). Accordingly, offerors are encouraged to carefully review all solicitation requirements and submit questions to the Government early in the proposal preparation cycle.

L.9 PROPOSAL INSTRUCTIONS AND PROPOSAL ARRANGEMENT

General Instructions. Offerors are encouraged to review the requirements, seek to be innovative in their approach to providing the supplies, and maximize efficiencies and economies of scale.

Capabilities may be established within either the offeror's corporate structure or through teaming arrangements. The Government is neither encouraging nor discouraging teaming arrangements and will focus on the offeror's proposed approach to perform work and satisfy the requirements.

No alternate proposals shall be accepted. The Procuring Contracting Officer (PCO) and Contract Specialist are the points of contact for this acquisition. Only the Procuring Contracting Officer is authorized to amend the Request for Proposals (RFP).

L.10 ORGANIZATION AND CONTENT OF PROPOSALS

General Instructions

A. CONTENT

An offeror’s proposal shall consist of three (3) separate volumes. Volume I shall address the Technical/Management Approach for all requirements. Volume II shall address Price Proposal/Administrative approach for all requirements. Volume III shall address Performance Risk to fully disclose the Contractor’s past performance on other contracts.

An offeror's proposal must be written in a logical, practical, clear and concise manner and contain all pertinent information in sufficient detail to provide the evaluators with a clear understanding of the offeror’s approach and to permit evaluation of the proposed program. It is the responsibility of the offeror to present enough information to allow the various work efforts, support, and management approaches to be meaningfully evaluated without discussions. The offeror must include any data necessary to illustrate the adequacy of the various assumptions, approaches, and solutions. In presenting material in this proposal, the offeror is advised that quality of information is more important than quantity. Offerors are encouraged to use quantitative terms wherever possible and avoid the use of qualitative and subjective terms to the maximum extent practicable. A proposal must be internally consistent or the proposal will be considered unrealistic and may be considered unacceptable.

All proposals must clearly and convincingly demonstrate that the offeror has a thorough understanding of the requirements and associated risks, and is able, willing, and competent to devote the resources necessary to meet the requirements and has valid and practical solutions for all requirements. Statements that the prospective offeror understands, can or will comply with the SOW, and statements paraphrasing the requirements or parts thereof, are considered inadequate and unsatisfactory.

Any data previously submitted in response to another solicitation, whether submitted to the U. S.

Marine Corps, PM Training Systems or any other agency, should be assumed to be unavailable during this proposal evaluation and source selection process. Proposal data shall not be incorporated into the proposal by referring to another proposal or other instrument.

Unnecessarily elaborate brochures or other presentations beyond that sufficient to present a complete and effective proposal are neither necessary nor desired.

If a discrepancy exists between the original paper copy of the proposal and the CD copy, the “original” paper copy will take precedence. The Government reserves the right to request additional information after receipt of offeror’s responses to the RFP.

The Procuring Contracting Officer (PCO) and the Contract Specialist are the only points of contact for this acquisition. Address any questions, concerns, or requests for clarification you may have, in writing or email. No phone calls will be accepted.

MARCORSYSCOM / PMTRASYS

ATTN: Mr. John E. Lynch and Ms. Janet Fondriest 12350 Research Parkway

INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

Orlando, FL 32826-3275 janet.fondriest@usmc.mil

B. OBJECTIVE

The objective of these proposal requirements is to ensure that the Government receives a complete approach for the U.S. Marine Corps Squad Immersive Training Environments Enhancements/Upgrades. Adherence to these proposal requirements will establish a uniform basis for evaluation. Failure to comply with any proposal content requirements or simply stating “compliant” to specific requirements will provide a basis to judge the proposals “unacceptable.” A proposal determined to be “unacceptable” may be removed from consideration.

Note: No Alternate Proposals shall be accepted.

D. PROPOSAL FORMAT

The proposal shall contain the indicated volumes and be provided in the following format:

1) Areas:

Volume I – Technical/Management Proposal Volume II – Price Proposal/Administrative Proposal Volume III –Performance Risk

2) Proposals shall be submitted on 8.5"x11" paper.

3) Proposals shall utilize both sides of the paper.

4) Proposals shall be bound in three ring binders.

5) Times New Roman font size shall be limited to a minimum of 11, except for diagrams and drawings where impractical.

6) Large engineering drawings shall be reduced in size for easier handling and review but not to the extent that essential detail is lost. Maximum size shall be 11"x17".

E. COPY AND PAGE LIMITATIONS

The proposal shall be provided in the indicated number of paper and electronic copies for each volume. Each volume of the proposal shall be limited to the following page counts (fold out pages shall count as two pages, manufacturers product sheets do not count against the page count limitations). Pages supplemented with diagrams, drawings, and illustrations will be counted towards the maximum page count.

VOLUME Maximum

Pages Number of Paper Copies

Number of Electronic Copies

I – Technical/Management 50 4 1

II – Price Proposal/Administrative - 2 1

III – Past Performance 50 2 1

F. PROPOSAL FORMAT

1) The written portions of the proposal shall use no smaller than Microsoft Word 2007 Times

New Roman font size 11. If both sides of sheets of paper are used, each sheet will be counted as two pages. Volumes shall be printed on 8 1/2 x 11 inch paper. Tables or figures may be printed on fold out sheets, which shall not exceed 11 x 17 inches. Figure text must be no smaller than Microsoft Word 2007 Times New Roman font size 11 should, to the maximum extent practicable, have the same major orientation as the text it accompanies. Electronic versions of the proposal shall be submitted in Microsoft Office 2007.

2) All printed pages shall contain the phrase: “SOURCE SELECTION INFORMATION"

(printed or stamped) in addition to the FAR proprietary data notice, if applicable. Each volume shall be submitted in standard size 3-ring binders that will facilitate the insertion of change pages and additional information provided during the source selection process.

3) An offeror’s proposal shall include a transmittal letter that includes the following:

solicitation number and closing date and time; Government issuing office identification; full official name and address of firm; individual designated as the responsible contact for the firm; reference to the enclosures or volume numbers and show quantities being provided of each; and the date of the enclosures or volumes if different from the date of an offeror’s proposal. The transmittal letter shall be signed by an authorized official of the offeror.

4) Each volume should contain the following:

Cover and Title Page – The cover and title page indicate:

Title of proposal RFP number Proposal volume Section numbers Serial number/copy number Offeror’s name

5) Table of Contents – The table of contents must provide sufficient detail to enable easy location of important elements.

6) No price information, (i.e., DOLLAR VALUES AND HOURLY RATES) shall be included in any volume other than the Price Volume (Volume II).

G. PROPOSAL CONTENT

(a) Your proposal is to be based on the solicitation schedule, DD Forms 1423, Contract Data Requirements Lists (CDRL's), and the Statement of Work.

Each separate volume shall be identified on the first page with the Solicitation Number, the Offerors name, and the date.

INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

(b) Technical/Management Proposal Page Limit: There is 50 page limits on the Technical and Management Proposal. Volume I and II may not exceed either 25 double-sided pages or 50 single-sided pages in length (including diagrams). Any pages beyond this will be neither read nor considered in the evaluation. Tables of contents, cross-referencing indices, glossaries, pictures, acronym lists, and tabs that contain no information other than section identification are excluded from the page count. Proposals shall be presented on 8.5 x 11.0 inch white bond paper with one-inch margins and bound in a three-ring binder(s). Font size will be 11-point except text for illustrations and tables. Foldout pages may only be used for flow charts, graphs, tables, sample artist’s renditions, or other such data items. All text should be provided on standard 8.5 x 11.0 paper. A foldout page should be limited to 11.0 x 17.0 inches.

(c) Price Proposal Section B Spreadsheets: In addition to the hard copies, offerors’ price proposals (Section B) shall also be presented as spreadsheets on CD-ROM discs, indexed and labeled for content with the offeror’s name. Price proposals submitted on diskettes shall be compatible with Microsoft Excel 2007 for Windows. File names for electronically submitted files shall not exceed 8 characters. The first two letters of each file name shall be the initials or the first two letters of the offeror’s name, leaving the remaining six characters to indicate what is contained in the file.

(d) Performance Risk: Volume III may not exceed either 25 double-sided pages or 50 single-sided pages in length (including diagrams). Any pages beyond this will be neither read nor considered in the evaluation. Proposals submitted on diskettes shall be compatible with Microsoft Excel 2007 for Windows. File names for electronically submitted files shall not exceed 8 characters. The first two letters of each file name shall be the initials or the first two letters of the offeror’s name, leaving the remaining six characters to indicate what is contained in the file.

VOLUME I – Technical/Management

(1) A “Cross Reference Section” referencing each of the offeror’s technical proposal paragraphs and page numbers to the appropriate Section L paragraph and SOW paragraph and page number.

(2) Technical and managerial responses written in a clear, concise manner;

(3) Consolidated responses in an independent self-contained document requiring NO cross reference to any other proposal documents. The Government will not assume that an offeror possesses any capability other than that demonstrated in an offeror's response and subsequent discussions thereof;

(4) Teaming or subcontracting with an affiliated company or group for the needed expertise will identify the affiliate and demonstrate how and under what conditions this expertise will be provided, with a written statement from said affiliated company or group to that effect.

1. Factor 1- TECHNICAL UNDERSTANDING: This section of the technical/management proposal shall demonstrate the offeror's ability to perform the technical requirements.

a. Discuss your approach, methodology, and ability to accomplish the requested design from receipt of requirements to presenting the final design as stipulated in the solicitation.

b. Describe the technical aspects of your design and related safety requirements as stipulated in the solicitation.

2. Factor 2 – SAFETY : This section of the technical/management proposal shall include operational policies and procedures that will demonstrate the offeror’s capability in meeting requirements of the SOW.

a. Provide a draft Safety Assessment Report

3. Factor 3- PROGRAM MANAGEMENT: This section of the technical/management proposal shall include operational policies and procedures that will demonstrate the offeror’s capability in meeting requirements of the SOW.

a. Provide a management plan outlining your ability to meet the management requirements. The management plan should provide an overview of daily operations and procedures/policies to be implemented.

b. Discuss your Quality Assurance Program and methods for continuous quality improvement. Describe your Quality Assurance (QA) program/plan that incorporates inspections as part of the overall QA plan.

c. Provide a preliminary schedule that details milestones, tasks, and prerequisite events.

d. Identify all subcontractors to be utilized and describe their role under the contract.

VOLUME II – Price Proposal/Administrative (No page limitation)

The Price proposal shall include the following program requirements and shall include all assumptions that apply.

Volume II is to be submitted in a separate, detachable, and unclassified form for the purpose of evaluation independent of the other volumes. All information relating to pricing must be included in this section of the proposal and defined as pricing data. This volume shall stand alone in supporting the Offeror’s approach to reasonableness and completeness of the overall price for this effort. Under no circumstances shall cost or pricing data be included elsewhere in the proposal (with the exception of the Small Business Participation Form, Attachment 4).

Volume II shall be prepared as a self-contained document using the following format:

Section I: Price Proposal Section II: Administrative Information

It is expected that this contract will be awarded based upon a determination that there is adequate price competition; therefore, the Offeror is not required to provide certified cost or pricing data (SF 1411) with its proposal. If, after receipt of the proposals, the Contracting Officer determines

INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

that adequate price competition does not exist in accordance with FAR 15.403-1, the Offeror shall provide certified cost or pricing data as requested by the Contracting Officer.

The information submitted in response to Section I and II shall be in a format compatible with Microsoft Office.

a) The price proposal shall consist of Sections A through K. For Section B, ensure prices are entered for all items for which space has been provided. The only items that do not require a price are those that have been so designated by the Government as Not Separately Priced (NSP), To Be Determined (TBD) or Not To Exceed (NTE). Offerors who do not submit a completed Section B may be considered deficient and ineligible for award (see (d) below).

b) To facilitate contract administration, offerors shall submit line/sub-line item unit prices rounded to the nearest whole dollar.

c) All prices shall be submitted in accordance with Section B, using Attachment 9 – Section B

Pricing Worksheet. Offerors shall submit Section B in Excel format (Microsoft Office 2003 compatible). Pricing submitted using Attachment 9 shall match section B. Offerors shall detail the TOTAL proposed price.

d) If any line items are not priced, provide a detailed rationale, including but not limited to the specific references within the Technical Volume that support the offeror’s pricing approach (i.e. not pricing out a battery charger where the use of a primary battery is determined to be more cost effective). The contracting officer will determine if the rationale provided is sufficient to allow the offeror’s proposed pricing approach.

e) The Sum of the Prototype CLINs (CLINs 0001, 0002, 0004, 0006, 0008, 0010, 0012, 0013, 0015, 0017) shall not exceed 50% of the TOTAL proposed price. Offerors proposing a Prototype CLIN Sum in excess of 50% will be considered deficient and ineligible for award.

f) No performance based or progress payments shall be offered. Offerors proposing to receive any type of performance based or progress payment will be considered deficient and ineligible for award.

g) No stepladder or incremental pricing shall be proposed. Offerors proposing stepladder or incremental pricing will be considered deficient and ineligible for award.

h) No ordering restrictions, aside from those set forth in 52.216-18 and 52.216-19, shall be proposed. Offerors proposing incremental ordering requirements or other restrictions beyond what is stated in 52.216-18 and 52.216-19 will be considered deficient and ineligible for award.

i) No economic price adjustment shall be proposed. Offerors proposing a variation in price or economic price adjustment will be considered deficient and ineligible for award.

j) Small Disadvantaged Business (SDB) Utilization. Describe the extent to which the offeror proposes to utilize SDB in the performance of the contract. Where possible describe firms to include NAICS Code qualifications germane to this effort, the type of arrangement to be used, along with the complexity and variety of the work. Indicate the dollar amount of the proposed effort and give its relative impact with respect to total price of the proposal. Detail how the offeror will meet the DoD’s goal of a minimum of 5% small disadvantaged business subcontracting utilization.

Offerors must provide the following documents in order to be considered for award:

(a) A completed and signed SF 33.

(b) All applicable representations, certifications, acknowledgements, and statements set forth in Section K and any other section, as applicable.

(c) A brief corporate history.

(d) A corporate organizational (wiring) diagram (identify Demo POC and Negotiations

POC).

(e) Defense Contracts Management Agency (DCMA) Quality Assurance Representative (QAR) information.

(f) Defense Contract Audit Agency (DCAA) auditor contact information.

(g) The government will not make multiple awards as a result of this solicitation. Only one contractor will be selected for award. Thus, for purposes of the government's application of the Buy American Act price adjustment evaluation factor, the RFP is a solicitation that evaluates a group of line items and specifies that award can be made only on all line items contained in the solicitation.

Accordingly, the government will first determine whether each offeror's offer is a "domestic offer." If the proposed price of domestic end products exceeds 50 percent of the total proposed price for the contract, the government will evaluate the offer as a domestic offer.

If all offers received are domestic offers, then there will be no application of a Buy American Act evaluation factor.

If an offer is not a domestic offer, however, then it will be considered a foreign offer.

Pursuant to FAR 25.503(c), FAR 25.504-4(b), and DFARS 225.502(c)(iii), the government will apply a 50 percent Buy American Act evaluation factor to the price of all foreign end products of the foreign offer. Thus, if the price of foreign end products comprises 60% of the foreign offer's total proposed price, the government will apply a 50 percent evaluation factor to that 60% of the foreign offer's total proposed price.

VOLUME III –Performance Risk

The Performance Risk Volume shall provide the following information:

1. The Government will conduct a performance risk assessment based upon the past performance of the offeror on prime contracts and major subcontracts. In conducting the performance risk assessment, offerors are cautioned that the Government may use data provided by the offeror and data obtained from other sources. The Government may consider past performance on contracts not submitted by the offeror irrespective of customer or completion date.

2. The performance risk volume shall identify and describe past performance information in fulfilling Government and commercial contracts still in progress that have at least one year of performance history or completed during the last three years. The offeror shall submit no more than four (4) contracts where the offeror performed as a prime and/or major subcontractor. The offeror shall also submit information regarding past efforts performed by its proposed major subcontractors. No more than two contracts for each major subcontractor shall be submitted. A major subcontractor is defined as one who furnishes a critical expertise or function under the scope of the contract, or is anticipated to perform or has performed 30% or more of the contract.

Irrespective of limitations, all contracts active within the past five years that have been terminated for default, received show cause or cure notices, had a defective pricing or fraud action initiated by the Government, or have had products accepted on a non-conforming basis must be reported.

The Past Performance volume will have the contracts under the following categories. The categories are listed in the order of precedence:

Category A: U.S. Marine Corps training contracts for development;

Category B: other DoD training contracts for development;

Category C: DoD contracts not included above;

Category D: contracts with other Government agencies;

Category E: all other contracts; and

Category F: those under $500,000 in accordance with the above customer order of precedence.

Information provided should be related to same or similar programs in the same plant(s), division(s), or cost center(s) that the offeror proposes to use in the performance of this effort.

Describe the relevancy of the contract to this effort to the categories above. Relevancy discussions should include end-item comparisons with respect to use and complexity, key management and technical personnel, and teaming arrangements.

3. The offeror's past and present performance should demonstrate the ability to isolate past and present problems down to a root cause and to take systemic improvement management actions to resolve the root cause of the problems. The offeror should demonstrate application of systemic improvement management practices by presenting the root cause, corrective actions taken or being taken to resolve past and present performance problems.

4. Forward a copy of the Past Performance Questionnaire to the cognizant Program Manager, PCO, and ACO of the Government agency or commercial entity for each contract or subcontract.

Any questionnaires submitted by other than the cognizant Government Agency or commercial entity will not be considered. Advise the reporting Government Agency or commercial entity that:

a. The completed questionnaire is to be considered source selection sensitive in accordance with FAR 3.104.

b. The completed questionnaires are to be returned to the following address:

E-Mail (internet): john.e.lynch2@usmc.mil

FAX: 407-381-8817

or

U.S. Mail: PMTRASYS – USMC

Attn: John E. Lynch, Contracting Officer

Orlando, FL 32828-3275

5. Past Performance Questionnaires are due NO later than the closing date for submission of proposals. The offeror shall advise the responding Government agency or commercial entity of the applicable date.

6. In accordance with FAR 15.306, the offeror may be given the opportunity to discuss adverse past performance information obtained from this questionnaire if they have not previously responded through Contractor Performance Assessment Reporting System (CPARS) or similar system. However, the names of individuals providing the information shall not be disclosed.

L.11 SERVICE OF PROTEST (FAR 52.233-2) (AUG 1996)

(a) Protests, as defined in section 33.102 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

MARCORSYSCOM / PMTRASYS

ATTN: Mr. John E. Lynch

Orlando, FL 32826-3275

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

L.12 AUTHORIZED DEVIATIONS IN PROVISIONS (FAR 52.252-5) (APR 1984)

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

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

L.13 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING

(DFARS 252.204-7002) (AUG 1999)

INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

(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.

L.14 NOTICE TO OFFERORS REGARDING SUBMISSION OF PROPOSAL

PACKAGES

Offerors are advised that proposals shall be accepted only from those offerors proposing as potential prime contractors. Such offerors shall be responsible for submitting complete proposal packages containing all components of the proposal inclusive of subcontract proposals. Separate proposal envelopes or packages containing components of your offer, such as proposed subcontracts, shall be accepted.

L.15 TECHNICAL DATA OR COMPUTER SOFTWARE PREVIOUSLY DELIVERED

TO THE GOVERNMENT (DFARS 252.227-7028) (JUN 1995)

The offeror shall attach to its offer an identification of all documents or other media incorporating technical data or computer software it intends to deliver under this contract with other than unlimited rights that are identical or substantially similar to documents or other media that the offeror has produced for, delivered to, or is obligated to deliver to the Government under any contract or subcontract. The attachment shall identify—

(a) The contract number under which the data or software were produced;

(b) The contract number under which, and the name and address of the organization to who, the data or software were most recently delivered or will be delivered; and

(c) Any limitations on the Government’s rights to use or disclose the data or software, including, when applicable, identification of the earliest date the limitations expire.

CLAUSES INCORPORATED BY FULL TEXT

252.227-7017 IDENTIFICATION AND ASSERTION OF USE, RELEASE, OR

DISCLOSURE RESTRICTIONS. (JUN 1995)

(a) The terms used in this provision are defined in following clause or clauses contained in this solicitation--

INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

(1) If a successful offeror will be required to deliver technical data, the Rights in Technical Data-- Noncommercial Items clause, or, if this solicitation contemplates a contract under the Small Business Innovative Research Program, the Rights in Noncommercial Technical Data and Computer Software--Small Business Innovative Research (SBIR) Program clause.

(2) If a successful offeror will not be required to deliver technical data, the Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation clause, or, if this solicitation contemplates a contract under the Small Business Innovative Research Program, the Rights in Noncommercial Technical Data and Computer Software--Small Business Innovative Research (SBIR) Program clause.

(b) The identification and assertion requirements in this provision apply only to technical data, including computer software documents, or computer software to be delivered with other than unlimited rights. For contracts to be awarded under the Small Business Innovative Research Program, the notification requirements do not apply to technical data or computer software that will be generated under the resulting contract. Notification and identification is not required for restrictions based solely on copyright.

(c) Offers submitted in response to this solicitation shall identify, to the extent known at the time an offer is submitted to the Government, the technical data or computer software that the Offeror, its subcontractors or suppliers, or potential subcontractors or suppliers, assert should be furnished to the Government with restrictions on use, release, or disclosure.

(d) The Offeror's assertions, including the assertions of its subcontractors or suppliers or potential subcontractors or suppliers shall be submitted as an attachment to its offer in the following format, dated and signed by an official authorized to contractually obligate the Offeror:

Identification and Assertion of Restrictions on the Government's Use, Release, or Disclosure of Technical Data or Computer Software.

The Offeror asserts for itself, or the persons identified below, that the Government's rights to use, release, or disclose the following technical data or computer software should be restricted:

Technical Data or Computer Name of Person Software to be Furnished Asserting With Restrictions * Basis for Assertion ** Asserted Rights Category *** Restrictions

(LIST) ***** (LIST) (LIST) (LIST)

*For technical data (other than computer software documentation) pertaining to items, components, or processes developed at private expense, identify both the deliverable technical data and each such items, component, or process. For computer software or computer software documentation identify the software or documentation.

**Generally, development at private expense, either exclusively or partially, is the only basis for asserting restrictions. For technical data, other than computer software documentation, development refers to development of the item, component, or process to which the data pertain.

The Government's rights in computer software documentation generally may not be restricted.

For computer software, development refers to the software. Indicate whether development was

INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

accomplished exclusively or partially at private expense. If development was not accomplished at private expense, or for computer software documentation, enter the specific basis for asserting restrictions.

***Enter asserted rights category (e.g., government purpose license rights from a prior contract, rights in SBIR data generated under another contract, limited, restricted, or government purpose rights under this or a prior contract, or specially negotiated licenses).

****Corporation, individual, or other person, as appropriate.

*****Enter "none" when all data or software will be submitted without restrictions.

Date __________________________________________________

Printed Name and Title ________________________________

Signature _____________________________________________

(End of identification and assertion)

(e) An offeror's failure to submit, complete, or sign the notification and identification required by paragraph (d) of this provision with its offer may render the offer ineligible for award.

(f) If the Offeror is awarded a contract, the assertions identified in paragraph (d) of this provision shall be listed in an attachment to that contract. Upon request by the Contracting Officer, the Offeror shall provide sufficient information to enable the Contracting Officer to evaluate any listed assertion.

(End of provision)