RFP 26 Oct 2009 DRAFT.pdf

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PAGE(S)

until local time

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G F 82 - 96

X H gregory.dalke@navy.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)

DO-A7 1 96

(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.

N00019 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)

GREGORY A. DALKE 301-757-7140

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 7

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

9 - 10

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

12 - 17 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 18 - 21

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 22 - 29 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

30 - 58

PART II - CONTRACT CLAUSES

NAVAL AIR SYSTEMS COMMAND

AIR -2.2.1.2 BLDG 2272 SUITE 453

47123 BUSE ROAD UNIT IPT

PATUXENT RIVER MD 20670-1547 301-757-7512

301-757-7054FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

59 - 81

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

06 Oct 2009

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N00019-09-R-0297

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Pre-Production Installation of GFP

FFP

Government Furnished Property (GFP) for Special Tooling (ST) and initial, long-term Material required to set up production. Initial development and first production run by The Boeing Company at Mesa, AZ. See Section F for final disposition site of GFP ST.

FOB: Contractor Facility

NET AMT

000101 Lot Funding for Pre-Production GFP Install

FFP

Initial contract award, RDT&E funding.

0002 1 Lot Pre-Production Lot Test GELBR

FFP

First Article production and destructive testing. Testing and analysis by Contractor; final review and acceptance of test results by Government. See Exhibit A of the contract for deliverable requirements.

000201 Each Funding for First Article GELBR

FFP

First production GELBR to be tested to destruction for proof of production quality, RDT&E funding.

0003 22 Each A/C Production Program GELBR (FY10)

FFP

GELBR production to match Aircraft (A/C) production of EA-18G.

FOB: Origin

000301 Each Funding for GELBR unit production, FY10

For contract award of initial production on GELBR in FY10, APN funding.

0004 1 Lot Data in Support of Design/Product (FY10)

NSP, see Exhibit A of contract.

1003 28 Each OPTION A/C Production Program GELBR (FY11)

FFP

GELBR production to match A/C production of EA-18G.

100301 Each OPTION Funding for GELBR unit production, FY11

For contract award of option year production on GELBR in FY11, APN funding.

1004 1 Lot OPTION Data in Support of Design/Product (FY11)

2003 26 Each OPTION A/C Production Program GELBR (FY12)

FFP

200301 Each OPTION Funding for GELBR unit production, FY12

For contract award of option year production on GELBR in FY12, APN funding.

2004 1 Lot OPTION Data in Support of Design/Product (FY12)

3003 18 Each OPTION A/C Production Program GELBR (FY13)

FFP

300301 Each OPTION Funding for GELBR unit production, FY13

For contract award of option year production on GELBR in FY13, APN funding.

3004 1 Lot OPTION Data in Support of Design/Product (FY13)

CLAUSES INCORPORATED BY FULL TEXT

5252.215-9535 PRICE AT LINE ITEM LEVEL (NAVAIR) (OCT 2005)

Offerors shall insert in Section B of the Schedule unit prices and amounts at the line item level only (e.g., Item 0001, 0002, etc.), even though subline items are also shown in the Schedule.

Section C - Descriptions and Specifications

DESCRIPTIONS & SPECIFICATIONS

Items 0001, 0002, 0003 & Option Items 1003. 2003, 3003 –The supplies and services to be provided hereunder shall be in accordance with the Attachment 1 “Statement of Work for the ALQ-99(V) EA-18G Extended Low Band Radome (GELBR)” and Attachment 2 “Build to Package for the EA-18G Extended Low Band Radome (GELBR)”.

Items 0004 & Option Items 1004, 2004, 3004 – The contractor shall furnish technical/administrative data in accordance with Exhibit A, Contract Data Requirements Lists, DD Form 1423.

Section D - Packaging and Marking

PACKAGING & MARKING

Items 0001, 0002, 0003 & Option Items 1003. 2003, 3003 – The supplies shall be packaged and marked in accordance with Attachment 2 “Build to Package for the EA-18G Extended Low Band Radome (GELBR)” to ensure they are protected from physical/environmental damage during shipment and storage, and are to be protected in accordance with program security requirements to ensure safe delivery.

Items 0004 & Option Items 1004, 2004, 3004 – The technical/administrative data to be furnished in accordance with Exhibit A, Contract Data Requirements Lists, DD Form 1423, shall be adequately packaged and marked to ensure safe delivery at destination.

5252.247-9503 MARKING OF WARRANTED ITEMS (NAVAIR) (OCT 2005)

(a) Each item covered by a warranty shall be stamped or marked in accordance with MIL-STD-129, Marking for Shipment and Storage, and MIL-STD-130, Identification Marking of U.S. Military Property, current at the date of award. Where this is impracticable, written notice shall be attached to or furnished with the warranted item.

(b) Each item covered by a warranty shall have a written notice attached to or furnished with the warranted item, and marked with the following:

(1) National stock number or manufacturer’s part number.

(2) Serial number or other item identifier (if the warranty applies to uniquely identified items).

(3) Contract number.

(4) Indication that a warranty applies.

(5) Manufacturer or entity (if other than the contractor) providing the warranty.

(6) Date or time when the warranty expires.

(7) Indication of whether or not attempted on-site repair by Government personnel will void the warranty.

5252.247-9507 PACKAGING AND MARKING OF REPORTS (NAVAIR) (OCT 2005)

(a) All unclassified data shall be prepared for shipment in accordance with best commercial practice. Classified reports, data and documentation, if any, shall be prepared for shipment in accordance with the National Industry Security Program Operating Manual, DoD 5220.22-M.

(b) The contractor shall prominently display on the cover of each report the following information:

(1) Name and business address of contractor.

(2) Contract Number/Delivery/Task order number.

(3) Contract/Delivery/Task order dollar amount.

(4) Whether the contract was competitively or non-competitively awarded.

(5) Name of sponsoring individual.

(6) Name and address of requiring activity.

5252.247-9508 PROHIBITED PACKING MATERIALS (NAVAIR) (JUN 1998)

The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use.

5252.247-9514 TECHNICAL DATA PACKING INSTRUCTIONS (NAVAIR) (SEP 1999)

Technical Data and Information shall be packed and packaged for domestic shipment in accordance with best commercial practices. The package or envelope should be clearly marked with any special markings specified in this contract (or delivery/task order), e.g., Contract Number, CLIN, Device No., and document title must be on the outside of the package. Classified reports, data and documentation, if applicable, shall be prepared for shipment in accordance with Defense Industrial Manual for Safeguarding Classified Information, DoD 5220.22M.

Section E - Inspection and Acceptance

INSPECTION & ACCEPTANCE

Items 0001, 0002, 0003 & Option Items 1003. 2003, 3003 – Inspection and acceptance of the supplies and/or services to be furnished hereunder shall be performed by the contract Administration Office (CAO) at origin/contractor’s plant or any subcontractors’ plants and documented by a DD Form 250, Material and Inspection and Receiving Reports.

Items 0004 & Option Items 1004, 2004, 3004 – Inspection and acceptance of the technical/administrative data to be furnished hereunder shall be in accordance with Exhibit A, Contract Data Requirements List, DD Form 1423.

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 252.246-7000 Material Inspection And Receiving Report MAR 2008

5252.246-9514 INSPECTION AND ACCEPTANCE OF TECHNICAL

DATA AND INFORMATION

FEB 1995

5252.246-9517 CONSTRUCTIVE ACCEPTANCE PERIOD (NAVAIR) (MAR 1999)

For the purpose of FAR Clause 52.232-25, “Prompt Payment”, paragraph (a)(5)(i), Government acceptance shall be deemed to have occurred constructively on the 30th calendar day after the contractor delivered the supplies or performed the services, unless otherwise specified in the contract.

5252.246-9528 INSPECTION AND ACCEPTANCE (SPECIAL CONDITIONS) (NAVAIR) (OCT 2005)

(a) Initial inspection of the supplies to be furnished hereunder shall be made by authorized agents of the Administrative Contracting Officer (ACO) at the contractor’s or subcontractor’s plant located at [TBD]. Final inspection and acceptance shall be made by authorized agents of the ACO within 30 calendar days after notice (DD Form 250) to the ACO by the Contractor after Contractor Quiality Control final inspection/acceptance.

(b) Initial inspection shall consist of quality assurance at point of manufacture and/or assembly and check/test prior to shipment. Final inspection and acceptance will be made by the Receiving Activity after installation/check out testing of the supplies.

Section F - Deliveries or Performance

DELIVERY SCHEDULE

Items 0001, 0002, 0003 & Option Items 1003. 2003, 3003 - Supplies shall be delivered as follows:

Ship To:

Whidbey:

N44329 FRC NW Pod Facility

BLDG 2584

NAS Whidbey Island Oak Harbor, WA 98278 M/F ATCS Harry Rhoade Comm: 360-257-2611

Items 0004 & Option Items 1004, 2004, 3004 - Delivery of the technical/administrative data to be furnished hereunder shall be in accordance with Exhibit A, Contract Data Requirements List, DD Form 1423.

Delivery Schedule:

Item 0001 – The Pre-Production Installation of GFP shall commence no later than six (6) months after contract award.

Ship to:

[Note: The disposition of GFP at the conclusion of this contract is not a part of contract award; return of GFP will be treated as a modification to this contract.]

[UIC]

Item 0002 – The delivery of the Pre-Production Lot Test GELBR shall commence no later than nine (9) months after contract award.

Item/CY Jan Feb Mar Apr May June Jul Aug Sept Oct No v De c

2011 1

[See Section J, Exhibit A, Contract Data Requirements List, DD Form 1423]

[UIC]

Item 0003 - The delivery schedule for A/C Production Program GELBR (FY10) shall commence no later than ten (10) months after contract award at a minimum capacity of one (1) each in a given month thereafter.

De c

2011 1 2 2 2 2 2 2 2 2 2012 2 2 1

FRC NW Pod Facility

BLDG 2584

NAS Whidbey Island Oak Harbor, WA 98278 M/F ATCS Harry Rhoade Comm: 360-257-2611

N44329

FOB: Destination

Items 0004, 1004, 2004 and 3004 – The delivery of Data in Support of Design/ Production to be furnished by the Contractor will be made in accordance with Section J, Exhibit A, Contract Data Requirements List, DD Form 1423.

Item 1003 - The delivery schedule for A/C Production Program GELBR (FY11) shall commence no later than twelve (12) months after contract award of the option, at a minimum capacity of two (2) each in a given month thereafter.

De c

2012 2 3 3 3 3 3 3 2 2 2 2013 2

BLDG 2584

NAS Whidbey Island Oak Harbor, WA 98278

Item 2003 - The delivery schedule for A/C Production Program GELBR (FY12) shall commence no later than twelve (12) months after contract award of the option, at a minimum capacity of one (1) each in a given month

De c

2013 2 2 2 2 2 2 2 2 2 2 2 2014 2 2

BLDG 2584

NAS Whidbey Island Oak Harbor, WA 98278

Item 3003 - The delivery schedule for A/C Production Program GELBR (FY13) shall commence no later than twelve (12) months after contract award of the option, at a minimum capacity of one (1) each in a given month

Item/CY Jan Feb Mar Apr May June Jul Aug Sept Oct Nov Dec

2014 2 2 2 2 2 2 2 2 2

BLDG 2584

NAS Whidbey Island Oak Harbor, WA 98278

Early deliveries are acceptable.

52.209-3 Alt II First Article Approval--Contract Testing (Sep 1989) -

Alternate I

SEP 1989

52.211-17 Delivery of Excess Quantities SEP 1989

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-29 F.O.B. Origin FEB 2006 52.247-34 F.O.B. Destination NOV 1991 52.247-55 F.O.B. Point For Delivery Of Government-Furnished

Property

JUN 2003

52.247-65 F.O.B. Origin, Prepaid Freight--Small Package Shipments JAN 1991

5252.247-9505 TECHNICAL DATA AND INFORMATION FEB 1995

5252.209-9500 FIRST ARTICLE-RELATIONSHIP TO CONTRACT QUANTITY (NAVAIR) (MAR

1999) With reference to paragraph (e) of the First Article Approval clause (FAR Clauses 52.209-3, "First Article Approval--Contractor Testing" or 52.209-4, "First Article Approval--Government Testing") of this contract, the first article shall not be delivered as part of the contract quantity.

5252.245-9509 PLACE OF DELIVERY - GOVERNMENT FURNISHED MATERIAL (NAVAIR) (MAR

1999)

(a) The Government will furnish to the contractor for use in connection with this contract the following material at the time specified:

Material Quantity Date Mfr & Part Number Grommet 500 90 calendar days after contract award Alcoa & CA17233

(b) The material will be delivered at the Government’s expense to the location designated in the contractor’s proposal for performance. Delivery includes delivery either directly to the factory/warehouse street location, or to a designated private siding if delivery is by rail.

(c) Only the material listed above in the quantity shown will be furnished by the Government. All other material required for performance of this contractor shall be furnished by the contractor. Such Government-furnished material shall be delivered at or near contractor’s plant under Government bills of lading, free of expense to the contractor, on board the conveyance selected by the Government. When rail delivery is designated by the Government as a mode of transportation and drayage from a team track to the contractor’s plant is necessary, the contractor agrees to arrange for prompt unloading of cars, pick-up and delivery of material to his plant free of expense to the Government.

Section G - Contract Administration Data

5252.201-9501 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)(NAVAIR)

(OCT 1994)

(a) The Contracting Officer has designated [if used, TBD, by PMA-234] as the authorized Contracting Officer’s Representative (COR) for this contract.

(b) The duties of the COR are limited to the following: [PCO should specify duties and responsibilitiesof the COR or reference Attachment]

5252.223-9001 NOTICE TO OFFERORS--USE OF OZONE DEPLETING SUBSTANCES (AUG 1993)

(a) In accordance with section 326 of Pub L.102-484, the Department of Defense is prohibited from awarding any contract which includes a DoD-directed specification or standard that requires the use of a Class I ozone depleting substance (ODS) or that can be met only through the use of such a substance unless such use has been approved by a senior acquisition official (SAO). The SAO approval is based on a technical certification that no suitable substitute for the ODS is currently available.

(b) To comply with this statute, the Navy has screened the specifications and standards associated with this solicitation. To the extent that ODS requirements were revealed by this review they are identified below:

Class I ODS Identified Specification/Standard [None; or as listed by PMA-234] [under review]

(c) If offerors possess knowledge about any other Class I ODS required directly or indirectly by the specification or standards, the Navy would appreciate such information in your response to this solicitation. Offerors are under no obligation to comply with this request and no compensation can be provided for doing so.

5252.232-9501 SUBMISSION OF INVOICES (FIXED PRICE) (NAVAIR) (OCT 2005)

(a) "Invoice" as used in this clause does not include contractor's requests for progress payments.

(b) The contractor shall submit original invoices with [TBD] copies to the address identified in the solicitation/contract award form (SF 26-Block 10; SF 33-Block 23; SF 1447-Block 14), unless delivery orders are applicable, in which case invoices will be segregated by individual order and submitted to the address specified in the order (DD 1155-Block 13 or SF 26-Block 10).

(c) The use of copies of the Material Inspection and Receiving Report (MIRP), DD Form 250, as an invoice is encouraged. DFARS Appendix F-306 provides instructions for such use. Copies of the MIRP used as an invoice are in addition to the standard distribution stated in DFARS F-401.

(d) In addition to the requirements of the Prompt Payment clause of this contract, the contractor shall cite on each invoice the contract line item number (CLIN); the contract subline item number (SLIN), if applicable; the accounting classification reference number (ACRN) as identified on the financial accounting data sheets, and the payment terms.

(e) The contractor shall prepare:

[__] a separate invoice for each activity designated to receive the supplies or services.

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

[X] either of the above.

(f) If acceptance is at origin, the contractor shall submit the MIRP or other acceptance verification directly to the designated payment office. If acceptance is at destination, the consignee will forward acceptance verification to the designated payment office.

5252.232-9504 SPECIAL PAY INSTRUCTIONS FOR PAYING OFFICE (NAVAIR)(MAY 2006) - ALT I

(MAY 2006)

(a) All payments against informational (numeric) sub-line items (SLINs) shall be processed manually by the paying office.

(b) Invoices submitted for payment, which do not contain contract line item number (CLIN) or sub-line item number (SLIN)) and the accounting classification reference number (ACRN) information, will be returned for correction.

(c) The disbursement of funds will be by the CLIN/SLIN/ACRN designation.

(d) If progress payments are authorized, payments will be made against the unliquidated balance of all applicable CLINs/SLINs.

(e) Informational SLINs, e.g. 000101, are as follows:

SLIN ACRN Amount Obligated

000101 TBD $

000201 TBD $

000301 TBD $

100301 TBD $

200301 TBD $

300301 TBD $

5252.232-9511 NOTICE OF REQUIREMENTS FOR PROMPT PAYMENT (NAVAIR) (MAR 2006)

The Government anticipates that this contract will be distributed to Defense Finance and Accounting Service (DFAS) by the DOD Electronic Document Access (EDA) system. DFAS is responsible for payment of contractor invoices.

(a) In accordance with FAR Clause 52.232-33 "Payment By Electronic Funds Transfer--Central Contractor Registration", the contractor is responsible for providing updated information to the Central Contractor Register (CCR) database. Additionally, the contractor is responsible for maintaining its active status in the CCR database.

(b) If the DUNS, CAGE code, TIN or address set forth in the contract do not match the information in the CCR, then DFAS will return invoices without payment. Therefore, it is imperative that the contractor ensure the DUNS, CAGE code, TIN and contractor address on the contract are accurate and in compliance with the CCR database.

Additionally, any changes/updates made to the CCR database should be communicated to the Contracting Officer for the purpose of modifying the contract to reflect the new data.

5252.232-9513 INVOICING AND PAYMENT (WAWF) INSTRUCTIONS (MAR 2009)

(a) The following information is provided to assist the contractor in submitting invoices and receiving reports electronically through Wide Area Work Flow -- Receipt and Acceptance (WAWF) in accordance with DFARS 252.232-7003:

(1) Registration instructions, on-line training, user guides, quick reference guides, and other support documents and information can be found at the following website: WAWF Overview

(2) Vendors should contact the following POCs for additional support with registration or other WAWF issues, based on the administration of their contract:

(i) DCMA-administered contracts: Contact the ACO at the cognizant Defense Contract Management Agency (DCMA) office found in the contract.

(ii) Locally-administered contracts: Contact your local NAVAIR/NAWC Pay Office (Commercial Accounts) at [not applicable] or DFAS via the numbers listed at www.dfas.mil

(3) Information on the electronic forms the contractor shall utilize to comply with DFARS 252.232-7003 is available on the WAWF Functional Information and WAWF Training websites.

(4) Back up documentation (such as timesheets, etc.) can be included and attached to the invoice in WAWF.

Attachments created in any Microsoft Office product are attachable to the invoice in WAWF. Total limit for the size of files per invoice is 5 megabytes.

(b) The following information, regarding invoice routing DODAACs, must be entered for completion of the invoice in WAWF:

DoDAAC LOCATION TABLE

-Select Combo for Fixed Price Supplies and Services -Select Cost Voucher for all Cost or T&M or CLINs.

-The 2-in-1 invoice is not authorized for use by NAVAIR -Questions? Call 1-866-618-5988

Located in Block DoDAAC Description

DD1155

(Destination Acceptance)

DD1155

(Source/Origin

Acceptance)

SF26

SF33

SF1449

SF1449

(Destination Acceptance)

Issuing Office DoDAAC 6 6 5 7 7 9

Administrating Office DoDAAC 7 7 6 24 26 16

Inspector's DoDAAC

See Schedule

See Schedule 11 See

Schedule See

Schedule See

Schedule Service Acceptor DoDAAC 14 See

Schedule 11 See Schedule

See Schedule 15

Pay Office DoDAAC 15 16 12 25 27 18a

(c) Cost Vouchers also require the cognizant DCAA DoDAAC, which can be found by entering the contractor’s zip code in the Audit Office Locator at http://www.dcaa.mil. Contractors approved by DCAA for direct billing will not process vouchers through DCAA, but may submit directly to DFAS. Final voucher submission will be approved by the ACO.

(d) For each invoice / cost voucher submitted for payment, the contractor shall also email the WAWF automated invoice notice directly to the following additional points of contact:

Name (or Clause w/Name) Email Phone Role See: 5252.201-9500 or 5252.201-9501

Technical Point of Contact or Contracting Officer's Representative

5252.232-9522 TRANSPORTATION ACCOUNT CODES (NAVAIR) (OCT 2005)

(a) The contractor is responsible for placing the Government assigned Transportation Account Code (TAC) on shipping documentation to enable payment of transportation bills by the U.S. Government under contracts with F.O.B. origin terms.

(b) The applicable TAC for this contract is as follows: [TBD by PMA-234 & NAVICP].

(c) For shipments that will require use of military airlift, complete an Advance Transportation Control and Movement Document (ATCMD, DD Form 1384) and provide it to the cognizant Air Clearance Authority. Include the contract number and applicable TAC on the ATCMD. Also, ensure the ATCMD contains information for special requirements such as:

(1) shipments to be accompanied by couriers or monitors;

(2) shipments requiring special handling such as environmental control, hand-to-hand receipt, hazardous/dangerous cargo, short shelf life material, sensitive shipments and classified cargo;

(3) shipments requiring expediting action or those that must move on a specific flight.

(d) The cognizant DCMA office may be contacted for additional information or assistance on preparation of shipping documents or other transportation concerns.

Section H - Special Contract Requirements

H-1 QUANTITY ADJUSTMENT

(a) The Government shall have the unilateral right to alter the base and option quantity of Aircraft (A/C) Production Program GELBRs (FYxx) in Fiscal Years (FYs) 2010 through 2013, as defined below.

(a.1) Fabricate, Test and Deliver:

Funding FY Schedule B Quantity Adjustment

A/C Production Program GELBRs (base, FY10) 22 no quantity variation A/C Production Program GELBRs (FY11) 28 + 5/ - 5 A/C Production Program GELBRs (FY12) 26 + 5/ - 5 A/C Production Program GELBRs (FY13) 18 + 5/ - 5

(a.2) For GELBR fabrications, increases in any FY shall not exceed thirty-six (36) GELBRs in any twelve (12) month period, or four (4) per month.

(b) In the event that the Government elects to exercise its right under this clause, the Government shall provide written notice to the Contractor on or before the dates specified below:

FY10 - Effective date of contract award.

FY11 - Twelve (12) months after effective date of contract award, by contract modification.

FY12 – Twenty-four (24) months after effective date of contract award, by contract modification.

FY13 – Thirty-six (36) months after effective date of contract award, by contract modification.

(c) All price adjustments resulting from an increase or decrease in the number of GELBRs will be made by unilateral modification to the contract by the Procuring Contracting Officer (PCO). The unit prices established via Section B, Supplies or Services and Prices/ Costs, shall determine final price, and will not require Contractor proposal submission nor any certified cost or pricing data.

(d) In the event the Government requirements exceed the parameters of (a) above, the parties may agree to negotiate a mutually acceptable contract adjustment.

(e) Any contract modification making a quantity adjustment in accordance with this clause will result in mutually agreeable adjustments to the item delivery schedules stated in Section F, Deliveries or Performance, of this contract.

Such adjustments will take into account current contract deliveries as well as additional deliveries occasioned by this clause. If the parties are unable to establish a mutually agreeable delivery schedule within a reasonable time, the PCO may unilaterally establish a delivery schedule, subject to FAR Clause 52.233-1, Disputes (JUL 2002)- Alternate I (DEC 1991), of this contract.

H-2 EXERCISE OF OPTION

(a) The Government may unilaterally exercise any priced option listed in Section B. The items for which the option is exercised shall be delivered:

(a.1) In the quantities, if any, listed for that item in Section B, although quantities may vary as designated by clause H-1 QUANTITY ADJUSTMENT.

(a.2) In full compliance with all requirements of this contract.

(b) Option Exercise - The Government may exercise the option for a line item or set of line items by written notice from the Contracting Officer to the Contractor, on or before the option exercise date for that line item specified in the table below.

FY Option Line Items Date by which Option shall be exercised 11 1003 & 1004 12 months after effective date of contract award 12 2003 & 2004 24 months after effective date of contract award 13 3003 & 3004 36 months after effective date of contract award

The Government may exercise any option, in whole or in part, at the unit price specified in the schedule. When options are partially exercised, deliveries shall commence as of the date of the first delivery shown in Section F and continue until completed, unless otherwise agreed.

(c) Any option exercised shall specify:

(c.1) The item or items involved;

(c.2) The quantity of each item (if applicable);

(c.3) The fixed price for the item (if applicable);

(c.4) The delivery schedule.

(d) Determination of Option Price

(d.1) Price shall be established by extending the unit price(s) times the quantity(ies) ordered, from those stated in Section B at the time of award and by clause H-1 QUANTITY ADJUSTMENT.

(d.2) Should Option quantities vary from those stated in Schedule B at time of award and by clause H-1

QUANTITY ADJUSTMENT, the price of the option will be by negotiating a mutually acceptable contract adjustment.

5252.246-9535 WARRANTY JUL 1990

5252.211-9502 GOVERNMENT INSTALLATION WORK SCHEDULE (NAVAIR)(OCT 2005)

(a) The Holidays applicable to this contract are: New Year’s Day, Martin Luther King’s Birthday, President’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.

(b) In the event that the contractor is prevented from performance as the result of an Executive Order or an administrative leave determination that applies to the using activity, such time may be charged to the contract as a direct cost provided such charges are consistent with the contractor’s accounting practices. In the event that any of the above holidays occur on a Saturday or Sunday, then such holiday shall be observed as they are by the assigned Government employees at the using activity.

5252.227-9505 TECHNICAL DATA AND COMPUTER SOFTWARE IDENTIFICATION IN

ENGINEERING CHANGE PROPOSALS (ECPs) (NAVAIR)(AUG 1987) Each Engineering Change Proposal (ECP) submitted by the Contractor shall identify each item of technical data and computer software delivered by the Contractor under any prior Navy contract required to be revised as a result of the proposed change and shall include an estimated price and cost proposal to furnish the revisions.

5252.227-9507 NOTICE REGARDING THE DISSEMINATION OF EXPORT-CONTROLLED

TECHNICAL DATA (NAVAIR) (OCT 2005)

(a) Export of information contained herein, which includes release to foreign nationals within the United States, without first obtaining approval or license from the Department of State for items controlled by the International Traffic in Arms Regulations (ITARS), or the Department of Commerce for items controlled by the Export Administration Regulations (EAR), may constitute a violation of law.

(b) For violation of export laws, the contractor, its employees, officials or agents are subject to:

(1) Imprisonment and/or imposition of criminal fines; and

(2) Suspension or debarment from future Government contracting actions.

(c) The Government shall not be liable for any unauthorized use or release of export-controlled information, technical data or specifications in this contract.

(d) The contractor shall include the provisions or paragraphs (a) through (c) above in any subcontracts awarded under this contract.

5252.227-9511 DISCLOSURE, USE AND PROTECTION OF PROPRIETARY INFORMATION

(NAVAIR) (FEB 2009)

(a) During the performance of this contract, the Government may use an independent services contractor (ISC), who is neither an agent nor employee of the Government. The ISC may be used to conduct reviews, evaluations, or independent verification and validations of technical documents submitted to the Government during performance.

(b) The use of an ISC is solely for the convenience of the Government. The ISC has no obligation to the prime contractor. The prime contractor is required to provide full cooperation, working facilities and access to the ISC for the purposes stated in paragraph (a) above.

(c) Since the ISC is neither an employee nor an agent of the Government, any findings, recommendations, analyses, or conclusions of such a contractor are not those of the Government.

(d) The prime contractor acknowledges that the Government has the right to use ISCs as stated in paragraph (a) above. It is possible that under such an arrangement the ISC may require access to or the use of information (other than restricted cost or pricing data), which is proprietary to the prime contractor.

(e) To protect any such proprietary information from disclosure or use, and to establish the respective rights and duties of both the ISC and prime contractor, the prime contractor agrees to enter into a direct agreement with any ISC as the Government requires. A properly executed copy (per FAR 9.505-4) of the agreement will be provided to the Procuring Contracting Officer.

5252.242-9500 INSTRUCTIONS RELATING TO PRODUCTION PROGRESS REPORT (DD FORM

375)(NAVAIR)(MAR 1999)

(a) The production progress reports which are to be furnished by the contractor in accordance with the clause hereof entitled “Production Progress Reports” shall be submitted for Items 0004, 1004, 2004 and 3004 of this contract.

(b) The reports shall be prepared on DD Form 375 (Production Progress Report ) in accordance with the instructions thereon, and DD Form 375c as required. Copies of DD Forms 375 and 375c may be obtained from the cognizant contract administration office. When reporting an actual or potential delinquency, contractor prepared DD Form 375c shall, as a minimum, contain the data described in DFARS 242.1107(b)(iv).

(c) The reports shall be submitted on a monthly basis within five (5) workdays after each reporting period beginning within five (5) workdays after each reporting period beginning with the date of this contract, OR, within five (5) workdays after each reporting period beginning as of the end of the month in which production begins and ending as of the month in which production is completed (under PMA-234 review).

(d) Each report shall be distributed as follows:

Name and Address Quantity

Contract Administration Office 3 copies (See Section G of the Schedule)

TPOC *2 Copies

(See Section F, Clause 5252.247-9505) *(One “Advance Copy” shall be submitted direct immediately after preparation.)

PCO 1 copy (See Section A, Block &)

5252.242- 9518 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(CPARS)(NAVAIR) (FEB 2009)

(a) The Contractor Performance Assessment Reporting System (CPARS) has been established to collect past performance information on defense contractors as required by FAR 42.1502 (DoD Deviation 99-O0002). The frequency and type of CPARS reports (initial, intermediate, final, out-of-cycle, and addendum ) shall be as required in the DoD CPARS Policy Guide that is available at: http://www.cpars.csd.disa.mil/cparsmain.htm

(b) For orders placed against contracts and agreements the contractor’s performance shall be assessed on an order-by-order basis [____] or total contract/agreement basis [____] (contract specialist is to check one) .

5252.243-9504 AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER (NAVAIR) (JAN

1992)

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.

(b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is: Robyn B. Warner, AIR-2.2.1.2.2 Naval Air Systems Command 47123 Buse Road Bldg 2272, Room 453 Patuxent River, MD 20670 Telephone: 301-757-7106

5252.243-9505 ENGINEERING CHANGES (NAVAIR)(OCT 2005)

(a) After contract award, the Contracting Officer may solicit, and the contractor is encouraged to propose independently, engineering changes to the equipment, software specifications or other requirements of this contract.

These changes may be proposed for reasons of economy, improved performance, or to resolve increased data processing requirements. If the proposed changes are acceptable to both parties, the contractor shall submit a price change proposal to the Government for evaluation. Those proposed engineering changes that are acceptable to the Government will be processed as modifications to the contract.

(b) This applies only to those proposed changes identified by the contractor, as a proposal submitted pursuant to the provisions of this clause. As a minimum, the following information shall be submitted by the contractor with each proposal:

(1) A description of the difference between the existing contract requirement and the proposed change, and the comparative advantages and disadvantages of each.

(2) Itemized requirements of the contract that must be changed if the proposal is adopted, and the proposed revision to the contract for each such change.

(3) An estimate of the changes in performance costs, if any, that will result from adoption of the proposal.

(4) An evaluation of the effects the proposed change would have on collateral costs to the Government such as Government-furnished property costs, costs of related items, and costs of maintenance and operation.

(5) A statement of the time by which the change order adopting the proposal must be issued so as to obtain the maximum benefits of the changes during the remainder of this contract. Also, any effect on the contract completion time or delivery schedule shall be identified.

(c) Engineering change proposals submitted to the Contracting Officer shall be processed expeditiously. The Government shall not be liable for proposal preparation costs or any delay in acting upon any proposal submitted pursuant to this clause. The contractor has the right to withdraw, in whole or in part, any engineering change proposal not accepted by the Government within the period specified in the engineering change proposal. The decision of the Contracting Officer as to the acceptance of any such proposal under this contract shall be final and shall not be subject to the “Disputes” clause of the contract.

(d) The Contracting Officer may accept any engineering change proposal submitted pursuant to this clause by giving the contractor written notice thereof. This written notice may be given by issuance of a modification to this contract. Unless and until a modification is executed to incorporate an engineering change proposal under this contract, the contractor shall remain obligated to perform in accordance with the terms of the existing contract.

(e) If an engineering change proposal pursuant to this clause is accepted and applied to this contract, an equitable adjustment in the contract price and in any other affected provisions of this contract shall be made in accordance with the “Changes” clause.

(f) The contractor is requested to identify specifically any information contained in its engineering change proposal which it considers confidential and/or proprietary and which it prefers not to be disclosed to the public.

The identification of information as confidential and/or proprietary is for information purposes only and shall not be binding on the Government to prevent disclosure of such information. Offerors are advised that such information may be subject to release upon request pursuant to the Freedom of Information Act (5 U.S.C. 552).

5252.245-9500 GOVERNMENT PROPERTY FOR THE PERFORMANCE OF THIS CONTRACT

(NAVAIR) (FEB 2009)

(a) Authorization is granted to use the Government property identified below without rental charge in the performance of this contract and subcontracts of any tier issued hereunder (see FAR 45.201(a) for further information regarding identification requirements) :

(1) Government property currently accountable and managed under the following contracts: NONE

(2 ) Government furnished property to be provided under this contract: See Table below.

Nomenclature/ Description Part/ Model Number and

National Stock Number Mfg Quantity/

Unit of Issue As Is:

Yes/No

Bond Jig and core splice tool and prepreg layup BJ1-74A732103-2001TD

Boeing 1 Yes

Used for fabrication of TDF1-

74A732103-2001TD

AFT1-74A732103-

2001TD

Boeing 1 Yes

Used for fabrication of TDF2-

74A732103-2001TD

AFT2-74A732103-

2001TD

Boeing 1 Yes

Holds formed core in place

ATP1-74A732103-

2001TD

Boeing 1 Yes

Checks edge band ply locations for plys 5 thru 11, L/H and R/H IAT1-74A732103-2001TD

Boeing 1 Yes

Checks edge band ply locations for plys 12 thru 23, L/H and R/H IAT2-74A732103-2001TD

Boeing 1 Yes

Checks edge band ply locations for plys 25 thru 31, L/H and R/H IAT3-74A732103-2001TD

Boeing 1 Yes

Hold Radome during NDT Procedure

PHF1-74A732103-

2001TD

Boeing 1 Yes

Radome Trim and Drill Fixture

TDF1-74A732103-

2001TD

Boeing 1 Yes

Drill Jig - Radome Mounting Brackets DJ1-74A732103-5001 Boeing 1 Yes and 5002 Drill Jig - Radome Mounting Brackets DJ2-74A732103-5001 Boeing 1 Yes Drill Jig - Radome Mounting Brackets DJ3-74A732103-5001 Boeing 1 Yes Drill Jig - Radome Mounting Brackets DJ4-74A732103-5001 Boeing 1 Yes Drill Jig - Radome Mounting Brackets DJ5-74A732103-5001 Boeing 1 Yes Drill Jig - Radome Mounting Brackets DJ6-74A732103-5001 Boeing 1 Yes Core Form - not used - core form done @ Hexcel FMD-74A732103-2001

Hexcel 0 na laminate edge band preform layup tool ATP6-74A732103-2001

Boeing 1 Yes laminate edge band preform layup tool ATP7-74A732103-2001

Boeing 1 Yes laminate edge band preform layup tool ATP8-74A732103-2001

Boeing 1 Yes

Door Bond Jig BJ1-74A732103-2003TD Boeing 1 Yes Bracket Bond Jig BJ1-74A732103-5001TD Boeing 1 Yes

BJ Holding Fixture Trunnion

HFLA1-74A732103-

2001TD

Boeing 1 Yes

Trunnion Dolly

HFLD1-74A732103-

1001TD

Boeing 1 Yes

Trim and Drill Fixture - Access Doors TDF1-74A732103-2003 Boeing 1 Yes Radome Antenna Hole Trim and Drill Fixtures TDF2-74A732103-2001

Boeing 1 Yes

Hole Location Master

AFT4-74A732103-

2001TD

Boeing 1 Yes

Paint Cart HFLD2-74A732103-1001 Boeing 1 Yes Low band Radome Masking Template - furnished by NSWC Crane 5826709-1 MT1

Boeing 1 Yes

Swaging Tool Set - Furnushed by NSWC Crane 802011301723

Boeing 1 Yes

ELBR Range Radome S/N SHF009 Boeing 1 Yes (3 ) Government furnished material, as defined in FAR 45.101, to be provided under this contract: See Section F Clause 5252.245-9509.

(4 ) If authority has been granted in accordance with FAR 51.102, Contractor access to Government supply sources is authorized for the following items: NONE

(b) The contractor shall prepare requisition documentation for the items listed in paragraph (a)(4 ) above in accordance with the “Military Standard Requisitioning and Issue Procedures (MILSTRIP) for Defense Contractors”, DoD 4000.25-1- M, Chapter 11, which is available at http://www.dtic.mil/whs/directives under publications. The contractor shall submit all requisitions for material from the supply system to the Material Control Activity specified in Section G of this contract.

(c ) Government property provided above (except for special tooling and special test equipment as defined in FAR 2.101) shall not be installed or constructed or otherwise affixed to property not owned by the Government in such a fashion as to be nonseverable unless written authorization has been obtained from the Contracting Officer.

(d ) The contractor is responsible for scheduling the use of all property covered by this clause and the Government shall not be responsible for conflicts, delays, or disruptions to any work performed by the contractor due to use of any or all such property, either under this contract or any other contracts under which use of such property is authorized.

5252.246-9526 PROVISIONAL ACCEPTANCE UNDER SPECIAL CONDITIONS (NAVAIR)(OCT 2005)

(a) Acceptance under Special Conditions. The Government may, at the discretion of the Contracting Officer, finally or provisionally accept any supply prior to completion of work on such supply in the following situations:

(1) When the contractor, despite the exercise of due diligence, encounters unavoidable delay in securing contractor-furnished property;

(2) When Government-furnished property suitable for installation in any supply to be furnished hereunder is not delivered to the contractor in sufficient time to permit installation by the contractor prior to the date the supply is scheduled for delivery; or,

(3) When defects or deficiencies are known to exist in the supply, but when correction of the defects or deficiencies is not practicable within the delivery schedule set forth in the contract.

(b) Pending completion of any supply provisionally accepted under this provision, the Contracting Officer shall withhold an amount as he determines to be appropriate from the contract price that represents the estimated value of the work remaining to be performed. The withhold will be released after final acceptance.

Section I - Contract Clauses

52.202-1 Definitions JUL 2004 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures JUL 1995 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

SEP 2007

52.203-13 Contractor Code of Business Ethics and Conduct DEC 2008 52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.204-7 Central Contractor Registration APR 2008 52.204-10 Reporting Subcontract Awards SEP 2007 52.209-3 First Article Approval--Contractor Testing SEP 1989 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

SEP 2006

52.211-5 Material Requirements AUG 2000 52.215-2 Audit and Records--Negotiation MAR 2009 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-9 Changes or Additions to Make-or-Buy Program OCT 1997 52.215-10 Price Reduction for Defective Cost or Pricing Data OCT 1997 52.215-12 Subcontractor Cost or Pricing Data OCT 1997 52.215-15 Pension Adjustments and Asset Reversions OCT 2004 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997 52.215-21 Requirements for Cost or Pricing Data or Information Other

Than Cost or Pricing Data--Modifications

OCT 1997

52.216-24 Limitation Of Government Liability APR 1984 52.216-25 Contract Definitization OCT 1997 52.219-6 Notice Of Total Small Business Set-Aside JUN 2003 52.219-8 Utilization of Small Business Concerns MAY 2004 52.219-14 Limitations On Subcontracting DEC 1996 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards Act - Overtime

Compensation

JUL 2005

52.222-19 Child Labor -- Cooperation with Authorities and Remedies AUG 2009 52.222-20 Walsh-Healey Public Contracts Act DEC 1996 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-36 Affirmative Action For Workers With Disabilities JUN 1998 52.222-37 Employment Reports On Special Disabled Veterans, Veterans

Of The Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-50 Combating Trafficking in Persons FEB 2009 52.223-14 Toxic Chemical Release Reporting AUG 2003

52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.226-1 Utilization Of Indian Organizations And Indian-Owned

Economic Enterprises

JUN 2000

52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-9 Refund Of Royalties APR 1984 52.229-3 Federal, State And Local Taxes APR 2003 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims JAN 1986 52.232-23 Alt I Assignment of Claims (Jan 1986) - Alternate I APR 1984…