N00019-10-R-0039 Final.doc

Section B - Supplies or Services and Prices

PHASE-IN

FFP

FOB: Destination

ESTIMATED

NET AMT

Base Site Operations - Navy

NAS Whidbey Island

ESTIMATED

Base Site Operations - Marines

MCAS Cherry Point

ESTIMATED

RESERVED

NET AMT

Contract Inventory

COST

ESTIMATED COST

C-9B PMI-1 & 3

FOB: Origin

ESTIMATED

C-9B PMI-2

ESTIMATED

C-9B PMI-4

ESTIMATED

ESV-1

Engine Shop Visit - Level 1

ESTIMATED

ESV-2

Engine Shop Visit - Level 2

ESTIMATED

Over & Above Labor - Aircraft

ESTIMATED

Over & Above Labor - Engine

ESTIMATED

Engine Compressor Replacement

Engine First Stage Compressor Assembly (C-1) Replacement

ESTIMATED

Engine Compressor Replacement

Engine Second Stage Compressor Assembly (C-2) Replacment

ESTIMATED

Engineering & Technical Services

ESTIMATED

Aircraft Receipt & Handling

ESTIMATED

Remove and Replace Power Plant

Stand Alone

ESTIMATED

Level IV Preservation of Engine

ESTIMATED

Remove and Replace Main Landing Gear

ESTIMATED

Remove & Replace Nose Landing Gear

ESTIMATED

Functional Check Flight (FCF)

ESTIMATED

Travel & Per Diem

ESTIMATED COST

Technical Data IAW

Not Separately Priced (NSP)

Contract Data Requirements List (CDRLs)

ESTIMATED

ESTIMATED

FFP

ESTIMATED

FFP

ESTIMATED

NET AMT

NET AMT

NET AMT

NET AMT

NET AMT

Each

FFP

NET AMT

FFP

NET AMT

ESTIMATED

ESTIMATED

FFP

NET AMT

FFP

Engine Second Stage Compressor Assembly (C-2) Replacement

NET AMT

ESTIMATED

NET AMT

FFP

NET AMT

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

ESTIMATED COST

NET AMT

NET AMT

ESTIMATED

FFP

ESTIMATED

FFP

ESTIMATED

NET AMT

NET AMT

NET AMT

Each

NET AMT

Each

NET AMT

FFP

NET AMT

FFP

NET AMT

ESTIMATED

ESTIMATED

FFP

NET AMT

FFP

Engine Second Stage Compressor Assembly (C-2) Replacment

NET AMT

ESTIMATED

NET AMT

FFP

NET AMT

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

ESTIMATED COST

NET AMT

NET AMT

ESTIMATED

FFP

ESTIMATED

FFP

ESTIMATED

NET AMT

NET AMT

NET AMT

NET AMT

NET AMT

FFP

NET AMT

Each

FFP

NET AMT

ESTIMATED

ESTIMATED

FFP

NET AMT

FFP

NET AMT

ESTIMATED

NET AMT

FFP

NET AMT

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

ESTIMATED COST

NET AMT

NET AMT

ESTIMATED

FFP

ESTIMATED

FFP

ESTIMATED

NET AMT

NET AMT

Each

NET AMT

Each

NET AMT

NET AMT

Each

FFP

NET AMT

Each

FFP

NET AMT

ESTIMATED

ESTIMATED

FFP

NET AMT

FFP

NET AMT

ESTIMATED

NET AMT

FFP

NET AMT

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

ESTIMATED COST

NET AMT

NET AMT

PRICING NOTES

B.1 Do not provide prices for CLINS with zero quantity.

B.2 For CLIN 0X23, identified as “not separately priced”, the cost shall be included in CLINS 0X02 – 0X03.

B.3 The costs of the parts and material involved in the direct operation and maintenance of the aircraft are excluded from the activities/costs associated with routine site operations under CLINs 0X02 and 0X03. Material requirements/costs involved in the direct operation and maintenance of the aircraft are covered under CLIN 0X05, Contract Inventory.

B.4 The firm fixed prices for all levels of PMI under CLINs 0X06 - 0X08 shall include all labor, services, facilities, equipment, parts, and material designated by the OEM as mandatory replacement for each inspection. The labor for effort that is not designated in the PMI C-9 SDLM Specification will be considered over and above in accordance with NAVAIR Clause 5252.217-9507. Parts and material for over and above labor are covered under CLIN 0X05.

B.5 The firm fixed prices under CLINs 0X09 and 0X10 shall include all transportation, services, tools, facilities, labor, and material required to accomplish either Level One or Two ESV in accordance with the JT8D Engine specification. Unscheduled Engine Shop Visits at the repair facility shall be performed in accordance with NAVAIR Clause 5252.217-9507.

B.6 CLIN 0X05 is cost reimbursable. The Contractor will be reimbursed for direct cost only. Overhead charges and profit for the Prime or any supply chain subcontractor will not be allowed. In the event that a subcontractor is performing the procurement/purchasing tasking associated with this CLIN, those costs should be included in the price for CLINs 0X02-0X03 and are not allowable as an overhead cost to this CLIN.

B.7 CLIN 0X22 is cost reimbursable with no fee. Any burden rates for CLIN 0X22 are ceiling rates, subject to downward adjustment only, in accordance with the terms and conditions of the contract for determining the final overhead. Fee is not allowable for the cost reimbursement CLINs and may not be included as part of the G&A rate.

Section C - Descriptions and Specifications

CLIN DESCRIPTIONS

The Contractor shall accomplish the work identified in this contract upon receipt of a written Order from the Government for the required supplies and services. The schedule of individual Orders will specify the amounts presently available for payment by the Government and allotted to the Orders, and the items covered. The schedule of each Order shall also set forth the period of performance/delivery dates of the supplies/services ordered.

CLIN 0001 TRANSITION PHASE-IN (PWS 5.1)

The Contractor shall provide all operations/services necessary to perform the requirements of Section 5.1 “Transition Phase-In” under Attachment 1, PWS.

CLINS 0X02 and 0X03

BASE SITE OPERATIONS (PWS 5.3)

The Contractor shall provide base site operations to perform the requirements of Section 5.3, “Base Site Operations (BSO),” under Attachment 1, PWS.

CLIN 0X05 CONTRACT INVENTORY (PWS 5.4)

The Contractor shall perform the requirements of Section 5.4 “Contract Inventory” under Attachment 1, PWS.

CLINS 0X06 - 0X08 PERIODIC MAINTENANCE INSPECTIONS (PWS 5.5)

The Contractor shall provide all the operations/services necessary to perform the requirements of Section 5.5 “Periodic Maintenance Inspections” under Attachment 1, PWS. Parts and Material (including shipping) costs are funded under CLIN 0X05.

CLINS 0X09 and 0X10 ENGINE SHOP VISITS (PWS 5.6)

The Contractor shall provide all the operations/services necessary to perform the requirement of Section 5.6 “Engine Shop Visits”, Attachment 1, and PWS.

CLINS 0X11 and 0X12 OVER AND ABOVE LABOR (PWS 5.7)

The Contractor shall perform all aircraft and engine repair requirements in accordance with Section 5.7 “Over and Above Labor”, under Attachment 1, PWS.

CLIN 0X13 and 0X14 ENGINE COMPRESSOR ASSEMBLY REPLACEMENT

(PWS 5.8)

The Contractor shall provide all the operations/services necessary to perform the requirement of Section 5.8 “Engine Compressor Assembly Replacement”, under Attachment 1, PWS.

CLIN 0X15 ENGINEERING & TECHNICAL SERVICES (PWS 5.9)

The Contractor shall provide engineering and technical services to C-9B Aircraft in accordance with Section 5.9 “Engineering and Technical Services”, under Attachment 1, PWS.

CLIN 0X16 AIRCRAFT RECIPT & HANDLING (Unscheduled Only) (PWS 5.10)

The Contractor shall provide all the operations/services necessary to perform the requirement of Section 5.10 “Aircraft Receipt & Handling”, under Attachment 1, PWS.

CLIN 0X17 REMOVE & REPLACE POWER PLANT (Stand Alone) (PWS 5.11)

The Contractor shall provide all the operations/services necessary to perform the requirement of Section 5.11 “Remove and Replace Power Plant”, under Attachment 1, PWS.

CLIN 0X18 LEVEL IV PRESERVATION OF ENGINE (PWS 5.12)

The Contractor shall provide all the operations/services/materials necessary to perform the requirement of Section 5.12 “Level IV Preservation of Engine”, under Attachment 1, PWS.

CLIN 0X19 REMOVE AND REPLACE MAIN LANDING GEAR (Stand Alone) (PWS 5.13)

The Contractor shall provide all the operations/services/materials necessary to perform the requirement of Section 5.13 ”Remove and Replace Main Landing Gear”, under Attachment 1, PWS.

CLIN 0X20 REMOVE AND REPLACE NOSE LANDING GEAR (Stand Alone) (PWS 5.14)

The Contractor shall provide all the operations/services/materials necessary to perform the requirement of Section 5.14 ”Remove and Replace Nose Landing Gear”, under Attachment 1, PWS.

CLIN 0X21 FUNCTIONAL CHECK FLIGHT (FCF) (Stand Alone) (PWS 5.15)

The Contractor shall provide all the operations/services necessary to perform the requirement of Section 5.15 ”Functional Check Flight”, under Attachment 1, PWS.

CLIN 0X22 TRAVELS AND PER DIEM (PWS 5.16)

The Contractor shall provide travel, per diem and other support requirements in accordance with Section 5.16, “Travel and Per Diem,” under Attachment 1, PWS and NAVAIR Clause 5252.237-9507.

CLIN 0X23 TECHNICAL DATA IAW CONTRACT DATA REQUIREMENTS LIST (CDRL)

The Contractor shall provide technical data in accordance with Attachment 1, PWS, and Exhibit A.

CLIN 0401 TRANSITION PHASE-OUT (PWS 5.2)

The Contractor shall provide all the operations/services/materials necessary to perform the requirement of Section 5.2 “Transition Phase-Out”, under Attachment 1, PWS.

Section D - Packaging and Marking

CLAUSES INCORPORATED BY FULL TEXT

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.

5252.247-9520

PRESERVATION, PACKAGING, AND PACKING (NAVAIR)(OCT 2005)

(a) The contractor shall preserve, pack and package items procured for system stock, overseas destinations or ships at sea, in accordance with the MIL-STD-2073-1 Level A requirements delineated in the schedule or elsewhere in the contract or order. If specific requirements are not included in the contract or order, the contractor shall preserve and package in accordance with previously approved level A requirements, within the technical parameters contained in MIL-STD-2073-1. Preservation and packing materials shall be fire retardant/non-combustible as prescribed in the specific packaging requirements in the contract or order, and to the maximum extent practicable.

(b) If the packaging materials specified in the contract or order are not fire retardant, and fire retardant varieties are included in commodity specifications for these materials, the contractor shall use fire retardant varieties. Fire retardant packaging materials are not required for items not used aboard ship. The use of plastic packaging materials is prohibited unless prescribed in specific packaging requirements in the contract or order, or unless required to adequately protect the item from damage

(c) For items procured for installation/immediate use, the contractor shall preserve and package in accordance with the Level C requirements of MIL-STD-2073-1. Packing for shipment (i.e., shipping container) shall be in accordance with MIL-STD-2073-1, Level A, for overseas surface shipments that are not containerized and all deliveries to ships at sea; Level B for all remaining overseas shipments; Level C or domestic shipments of items consumed at first destination. Fire retardant materials are not required in packing (i.e., shipping container) operations. All units, intermediate and shipping containers, shall be marked in accordance with MIL-STD-129. The use of shredded paper, excelsior, polystyrene and other loose-fill materials as a cushion is prohibited in all packaging and packing operation

(d) In accordance with 29 CFR, the contractor shall ensure that the following caution label is placed on all unit, intermediate and shipping containers for all items containing asbestos in a form that can be inhaled:

CAUTION

CONTAINS ASBESTOS FIBERS

AVOID CREATING DUST

BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM

(e) All items containing asbestos in a form that can be inhaled shall be packaged in sealed, impermeable bags or other impermeable containers, as required by 29 CFR.

NOTE TO SUPPLIERS: If the supplies to be furnished on this document require the asbestos caution label described above, the contractor shall notify the contract administrator indicated in the schedule prior to shipment.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

5252.246-9512

INSPECTION AND ACCEPTANCE (NAVAIR) (OCT 2005)

(a) Inspection and acceptance of the supplies or services to be furnished hereunder shall be performed by [insert the accepting authority].

(b) Acceptance of all Contract Line Items/Sub Line Items (CLINs/SLINs) shall be made by signature of the accepting authority on a DD 250 submitted through the WAWF system. Acceptance will only occur when the accepting authority is sure that inspections performed demonstrate compliance with contract requirements.

Section F - Deliveries or Performance

CLAUSES INCORPORATED BY REFERENCE

252.247-7023 5252.211-9507 Transportation of Supplies by Sea Period of Performance

MAY 2002

MAR 1999

Section G - Contract Administration Data

CLAUSES INCORPORATED BY REFERENCE

5252.201-9501

DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)(NAVAIR) (OCT 1994)

(a) The Contracting Officer has designated ** as the authorized Contracting Officer’s Representative (COR) for this contract.

(b) The duties of the COR are limited to the following: **

** To be established at time of contract award.

5252.201-9502 CONTRACTOR’S AUTHORIZED CONTRACT COORDINATOR AND TECHNICAL LIAISON (NAVAIR)(OCT 2005)

(a) The contractor shall state below the name and telephone numbers of the contractor’s employees responsible for coordination of contract functions/liaison with the Contracting Officer and/or Contract administrator, and providing technical assistance as required regarding product specifications, functionality, etc.

CONTRACT COORDINATOR:

NAME:

PHONE (BUS): ___________________________________

PHONE (AFTER HOURS): _________________________

ALTERNATE:

NAME:

PHONE (BUS): ___________________________________

PHONE (AFTER HOURS): _________________________

(b) The contractor shall notify the Contracting Officer and/or Contract Administrator in advance, in writing, of any changes in the above listed personnel.

5252.204-9503

EXPEDITING CONTRACT CLOSEOUT (NAVAIR) (JAN 2007)

(a) As part of the negotiated fixed price or total estimated amount of this contract, both the Government and the Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $1,000 or less at the time of final contract closeout. The term "residual dollar amount" shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party might be considered to the extent permitted by law.

(b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered.

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:

Amount Obligated

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.

5252.242-9511

CONTRACT ADMINISTRATION DATA (NAVAIR)(MAR 2008)

(a) Contract Administration Office.

(1) Contract administration functions (see FAR 42.302 and DFARS 242.302) are assigned to:

See the ADMINISTERED BY Block on the face page of the contract or modification.

(2) Contract administration functions withheld, additional contract administration functions assigned, or special instructions (see FAR 42.202) are: [TBD] or as delineated by Procuring Contracting Officer (PCO) correspondence.

(b) Inquiries regarding payment should be referred to: MyInvoice at https://myinvoice.csd.disa.mil//index.html.

Section H - Special Contract Requirements

H1. OVER AND ABOVE WORK REQUIREMENTS - TIME AND MATERIAL REQUIREMENTS LINE ITEMS (NAVAIR)(AUG 2011)

(a) The contractor shall be paid for work performed under Over and Above Work Requirements - Time and Material Requirements line items in accordance with FAR Clause 52.232-7, Alt I, “Payments under Time-and-Materials and Labor-Hour Contracts”.

(b) All work performed shall be billed at straight time rates. No overtime rates are authorized.

(c) A maximum of eight (8) hours per person will be paid per day while in travel status regardless of the actual time in transit.

(d) Over and Above Work Requirements - Time and Material Work Requirements requests shall be processed and according to procedures in the Special Contract Requirements provisions, entitled, “Over and Above Work Requests - Alternate I.”

5252.211- 9510

CONTRACTOR EMPLOYEES (NAVAIR)(MAY 2011)

(a) In all situations where contractor personnel status is not obvious, all contractor personnel are required to identify themselves to avoid creating an impression to the public, agency officials, or Congress that such contractor personnel are Government officials. This can occur during meeting attendance, through written (letter or email) correspondence or verbal discussions (in person or telephonic), when making presentations, or in other situations where their contractor status is not obvious to third parties. This list is not exhaustive. Therefore, the contractor employee(s) shall:

(1) Not by word or deed give the impression or appearance of being a Government employee;

(2) Wear appropriate badges visible above the waist that identify them as contractor employees when in Government spaces, at a Government-sponsored event, or an event outside normal work spaces in support of the contract/order;

(3) Clearly identify themselves as contractor employees in telephone conversations and in all formal and informal written and electronic correspondence. Identification shall include the name of the company for whom they work;

(4) Identify themselves by name, their company name, if they are a subcontractor the name of the prime contractor their company is supporting, as well as the Government office they are supporting when participating in meetings, conferences, and other interactions in which all parties are not in daily contact with the individual contractor employee; and

(5) Be able to provide, when asked, the full number of the contract/order under which they are performing, and the name of the Contracting Officer’s Representative.

(b) If wearing a badge is a risk to safety and/or security, then an alternative means of identification maybe utilized if endorsed by the Contracting Officer’s Representative and approved by the Contracting Officer.

(c) The Contracting Officer will make final determination of compliance with regulations with regard to proper identification of contractor employees.

5252.215-9505

EXCLUSIVE TEAMING ARRANGEMENTS WHICH INHIBIT COMPETITION (NAVAIR)(OCT 2005)

Offerors who propose teaming arrangements on an exclusive basis will be evaluated to determine whether such teaming agreements inhibit competition. In order for the Government to evaluate whether the proposed agreements inhibit competition, offerors are required to (1) provide a copy of all teaming arrangements, and (2) explain why the teaming arrangements do not inhibit competition. The documentation must include, but is not limited to: structure of the teaming arrangement, responsibilities, and liabilities; financial responsibility; managerial responsibility and accountability; and applicable legal documents. The burden of proving that any exclusive teaming arrangement proposed does not restrict competition shall rest with the offeror. Offerors are advised that should the Government determine that any such proposed, exclusive teaming arrangement inhibits competition, (1) that determination may render the offeror's proposal ineligible for award, and (2) the Contracting Officer shall forward the matter to the appropriate authorities as prescribed by Federal Acquisition Regulation Part 3.3.

5252.216-9500

UNILATERAL UNPRICED DELIVERY/TASK ORDERS (NAVAIR)(OCT 2005)

(a) When the Government determines, in circumstances of emergency or exigency, that the need for specific supplies or services is unusually urgent, the PCO may issue a unilateral unpriced order requiring the contractor to provide the supplies or services specified.

(b) The unilateral unpriced order shall specify the [insert “estimated cost and fee” or “ceiling price”] and the desired delivery schedule for the work being ordered. The Government’s desired delivery shall apply unless the PCO receives written notification from the contractor within fifteen (15) days after receipt of the order that the proposed delivery schedule is not acceptable. Such notification shall propose an alternative delivery schedule. The contractor shall submit its cost proposal within thirty (30) days after receipt of the order. The Government has no obligation to pay for the supplies or services ordered until the actual price and delivery schedule have been negotiated. In no event shall the costs incurred exceed the estimated cost of the order before the proposal is submitted.

(c) The contractor shall include in its proposal a statement of costs incurred and an estimate of costs expected to complete the work. Data supporting the accuracy and reliability of the cost estimate should also be included. After submission of the contractor’s cost proposal and supporting data, the contractor and the PCO shall negotiate a bilateral modification to the original order finalizing the price and delivery schedule, which will be specified in a bilateral modification to the original order.

(d) If a bilateral agreement is not negotiated within sixty (60) days after submission of the contractor’s cost proposal, the PCO will issue a modification to the unilateral unpriced order which establishes the Government’s total estimated cost for the order. This estimate will remain in effect until a final price is established in a bilateral modification to the order. However, nothing shall excuse the Contractor from proceeding with the performance of the order while any resulting dispute is being settled.

(e) Failure to arrive at an agreement shall be handled as a dispute in accordance with the Disputes clause of this contract.

(f) The Contractor shall honor any order issued under this provision unless written notification is made within 48 hours of issuance of the Unilateral Unpriced Order which provides specific reasons why the order cannot be honored, and why there is no possibility of performance. Upon receiving the notice, the Government may acquire the supplies or services from another source and require the contractor to provide any technical information required for performance.

5252.216-9512

PAPERLESS CONTRACTING (NAVAIR) (JUN 2009)

(a) Orders and requests for proposals are hereby authorized to be issued by facsimile or by electronic commerce (including e-mail and paperless methods of delivery). Nothing in this contract should be read to prohibit these types of orders. In the event of a conflict with any other provision of this contract, this clause shall govern.

(b) To the extent the terms “written”, “mailed”, or “physically delivered” appear in other provisions of this contract, these terms are hereby defined to explicitly include electronic commerce, email, or paperless delivery methods.

5252.217-9507

OVER AND ABOVE WORK REQUESTS (NAVAIR) (OCT 2005)

(a) These procedures apply when the contractor identifies needed repairs that are over and above the requirements of the contract and recommends corrective action during contract performance in accordance with DFARS 252.217-7028, “Over and Above Work”.

(b) The contractor shall prepare and submit the applicable Over and Above Work Request (OAWR) Form similar to the one attached to this contract to the [specify either ACO or PCO], via the COR, for authorization to proceed. The contractor shall use the OAWR to describe the over and above work that needs to be performed, including any parts and materials, in such detail as necessary to permit a thorough evaluation. The contractor shall attach competitive subcontractor quotes, or, if such quotes are not available, the contractor shall justify the total cost by specifying direct hours by labor category, as well as the type, quantity and cost of the material needed to perform the repair or replacement. The contractor shall also propose a schedule to complete the needed repair or replacement.

(c) The COR will review the OAWR submitted by the contractor, and then forward the form to the [specify technical office and other offices requiring a copy] with a recommendation of approval or disapproval, with one copy to [specify either ACO or PCO]. The COR will annotate the form with the reasons for the recommendation.

(d) The [specify either ACO or PCO] shall take one of the following actions:

(1) Disapprove the OAWR. In this event, the OAWR will be returned to the contractor. A copy will also be provided to the COR.

(2) Authorize the OAWR. In this event, a modification (Standard Form 30) will be issued. Upon issuance of the modification, the contractor shall proceed with the repair or replacement effort.

(e) To the maximum extent practical, a FFP will be negotiated for this effort prior to the start of the work. In the event that the urgency of the effort does not permit the negotiation of an FFP, then the authorizing modification will establish not-to-exceed (NTE) prices. A sub-line item, under the OAWR line item, will be established to fund the effort. The Government is not responsible for any costs incurred by the contractor that exceed the NTE price established by the modification.

(f) Modifications to an OAWR will be effected by Standard Form 30.

(g) If the OAWR is issued on an NTE basis, the contractor shall promptly submit a proposal for the OAWR to the [specify either ACO or PCO]. The [specify either ACO or PCO] is responsible for negotiating a FFP for the OAWR and issuing an appropriate modification which establishes a FFP for that amount. The definitizing modification should include the following information:

(1) Reference to the OAWR and modification number and any later modification, which relates to that OAWR.

(2) The applicable ACRN and fund citation provided in the Accounting and Appropriation Data Block. Any excess funds are to be deobligated.

5252.217-9507

OVER AND ABOVE WORK REQUESTS ITEMS (NAVAIR) (OCT 2005) - ALT I (OCT 2005)

(a) These procedures apply when the contractor identifies needed repairs that are over and above the requirements of the contract and recommends corrective action during contract performance in accordance with DFARS 252.217-7028, “Over and Above Work”.

(b) The contractor shall prepare and submit the applicable Over and Above Work Request (OAWR) Form similar to the one attached to this contract to the [specify either ACO or PCO], via the COR, for authorization to proceed. The contractor shall use the OAWR to describe the over and above work that needs to be performed, including any parts and materials, in such detail as necessary to permit a thorough evaluation. The contractor shall attach competitive subcontractor quotes, or, if such quotes are not available, the contractor shall justify the total cost by specifying direct hours by labor category, as well as the type, quantity and cost of the material needed to perform the repair or replacement. The contractor shall also propose a schedule to complete the needed repair or replacement.

(c) The COR will review the OAWR submitted by the contractor, and then forward the form to the [specify technical office and other offices requiring a copy] with a recommendation of approval or disapproval, with one copy to [specify either ACO or PCO]. The COR will annotate the form with the reasons for the recommendation.

(d) The [specify either ACO or PCO] shall take one of the following actions:

(1) Disapprove the OAWR. In this event, the OAWR will be returned to the contractor. A copy will also be provided to the COR.

(2) Authorize the OAWR. In this event, a modification (Standard Form 30) will be issued. Upon issuance of the modification, the contractor shall proceed with the repair or replacement effort.

(e) For each OAWR, the T&M Not to Exceed (NTE) price is the ceiling price for the effort. The Government is not responsible for any costs incurred by the contractor which exceed the NTE price established by the modification, unless and until such amount is increased by the [specify either ACO orPCO] by formal modification to the contract.

(f) Modifications to an OAWR will be effected by Standard Form 30.

(g) Upon completion of the effort, the contractor shall promptly submit a proposal for the OAWR to the [specify either ACO or PCO]. The [specify either ACO or PCO] is responsible for negotiating a definitive price for the OAWR and issuing an appropriate modification. The definitizing modification should include the following information:

(1) Reference to the OAWR and modification number and any later modification, which relates to that OAWR.

(2) The applicable ACRN and fund citation provided in the Accounting and Appropriation Data Block. Any excess funds are to be deobligated.

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.

5252.228-9501

LIABILITY INSURANCE (NAVAIR) (MAR 1999)

The following types of insurance are required in accordance with the clause entitled, FAR 52.228-5, “Insurance--Work on a Government Installation” and shall be maintained in the minimum amounts shown:

(a) Comprehensive General Liability: $200,000 per person and $500,000 per accident for bodily injury.

(b) Automobile Insurance: $200,000 per person and $500,000 per accident for bodily injury and $500,000 per accident for property damage.

(c) Standard Workman’s Compensation and Employer’s Liability Insurance (or, where maritime employment is involved, Longshoremen’s and Harbor Worker’s Compensation Insurance) in the minimum amount of $100,000.

(d) Aircraft public and passenger liability: $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability; $200,000 per occurrence for property damage. Passenger bodily injury liability limits of $200,000 per passenger, multiplied by the number of seats or number of passengers, whichever is greater.

5252.232-9509

REIMBURSEMENT OF TRAVEL, PER DIEM, AND SPECIAL MATERIAL COSTS (NAVAIR)(OCT 2006)

(a) Area of Travel. Performance under this contract may require travel by contractor personnel. If travel, domestic or overseas, is required, the contractor is responsible for making all necessary arrangements for its personnel. These include but are not limited to: medical examinations, immunizations, passports/visas/etc., and security clearances. All contractor personnel required to perform work on any U.S. Navy vessel shall obtain boarding authorization from the Commanding Officer of the vessel before boarding

(b) Travel Policy. The Government will reimburse the contractor for allowable travel costs incurred by the contractor in performance of the contract in accordance with FAR Subpart 31.2. Travel required for tasks assigned under this contract shall be governed in accordance with: Federal Travel Regulations, prescribed by the General Services Administration for travel in the conterminous 48 United States, (hereinafter the FTR); Joint Travel Regulation, Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense, for travel in Alaska, Hawaii, The Commonwealth of Puerto Rico, and territories and possessions of the United States (hereinafter JTR); and Standardized Regulations (Government Civilians, Foreign Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign Areas," prescribed by the Department of State, for travel in areas not covered in the FTR or JTR (hereinafter the SR).

(c) Travel. Travel and subsistence are authorized for travel beyond a fifty-mile radius of the contractor’s office whenever a task assignment requires work to be accomplished at a temporary alternate worksite. No travel or subsistence shall be charged for work performed within a fifty-mile radius of the contractor’s office. The contractor shall not be paid for travel or subsistence for contractor personnel who reside in the metropolitan area in which the tasks are being performed. Travel performed for personal convenience, in conjunction with personal recreation, or daily travel to and from work at the contractor’s facility will not be reimbursed.

(1) For travel costs other than described in paragraph (c) above, the contractor shall be paid on the basis of actual amount paid to the extent that such travel is necessary for the performance of services under the contract and is authorized by the COR in writing.

(2) When transportation by privately owned conveyance is authorized, the contractor shall be paid on a mileage basis not to exceed the applicable Government transportation rate as contained in the FTR, JTR or SR. Authorization for the use of privately owned conveyance shall be indicated in the basic contract. Distances traveled between points shall be shown on invoices as listed in standard highway mileage guides. Reimbursement will not exceed the mileage shown in the standard highway mileage guides.

(3) The contractor agrees, in the performance of necessary travel, to use the lowest cost mode commensurate with the requirements of the mission as set forth in the basic contract and in accordance with good traffic management principles. When it is necessary to use air or rail travel, the contractor agrees to use coach, tourist class, or similar accommodations to the extent consistent with the successful and economical accomplishment of the mission for which the travel is being performed.

(4) The contractor’s invoices shall include receipts or other evidence substantiating actual costs incurred for authorized travel. In no event will such payments exceed the rates of common carriers.

(d) Vehicle and/or Truck Rentals. The contractor shall be reimbursed for actual rental/lease of special vehicles and/or trucks (i.e., of a type not normally used by the contractor in the conduct of its business) only if authorized in the basic contract or upon approval by the COR. Reimbursement of such rental shall be made based on actual amounts paid by the contractor. Use of rental/lease costs of vehicles and/or trucks that are of a type normally used by the contractor in the conduct of its business are not subject to reimbursement

(e) Car Rental. The contractor shall be reimbursed for car rental, exclusive of mileage charges, as authorized in the basic contract or upon approval by the COR, when the services are required to be performed beyond the normal commuting distance from the contractor’s facilities. Car rental for a team on TDY at one site will be allowed for a minimum of four (4) persons per car, provided that such number or greater comprise the TDY team.

(f) Per Diem. The contractor shall not be paid for per diem for contractor personnel who reside in the metropolitan areas in which the tasks are being performed. Per Diem shall not be paid on services performed within a fifty-mile radius of the contractor’s home office or the contractor’s local office. Per Diem is authorized for contractor personnel beyond a fifty-mile radius of the contractor’s home or local offices whenever a task assigned requires work to be done at a temporary alternate worksite. Per Diem shall be paid to the contractor only to the extent that overnight stay is necessary and authorized under this contract. The authorized per diem rate shall be the same as the prevailing per diem in the worksite locality. These rates will be based on rates contained in the FTR, JTR or SR. The applicable rate is authorized at a flat seventy-five (75%) percent on the day of departure from contractor’s home or local office, and on the day of return. Reimbursement to the contractor for per diem shall be limited to actual payments to per diem defined herein. The contractor shall provide actual payments of per diem defined herein.