N00039-18-R-0060.pdf

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until 02:00 PM local time 01 May 2018

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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)

1 105

(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.

N00039 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 0 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

See Provision L-349 conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2

3 - 11

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

12 - 18

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

21 - 23 X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 24 - 29 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 30 - 41 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

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

13. DISCOUNT FOR PROMPT PAYMENT

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

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

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

FACILITY

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

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

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

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

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

AWARD (To be completed by Government)

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

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

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

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

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

42 - 74

PART II - CO NTRACT CLAUSES

COMMANDER, SPACE AND NAVAL WARFARE

SYSTEMS COMMAND

02 CONTRACTS

4301 PACIFIC HIGHWAY

SAN DIEGO CA 92110-3127

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

16 Mar 2018

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N00039-18-R-0060

Section SF 30 - BLOCK 14 CONTINUATION PAGE

NOTES TO OFFERORS

THIS SOLICITATION WILL RESULT IN A MULTIPLE AWARD, INDEFINITE

DELIVERY, INDEFINITE QUANTITY (IDIQ) TYPE CONTRACT.

The multiple award contract not-to-exceed ceiling amount is $968,150,000. The cumulative total of all TOs awarded as a result of this solicitation to all awardees will not exceed the total acquisition value of $968,150,000 over the life of the contract inclusive of options. Offerors shall not provide pricing for any CLINs identified below.

Contract Type: This contract will have the flexibility to issue Fixed-Price Incentive (Firm

Target), Cost-Plus–Incentive- Fee, Firm-Fixed-Price and Cost-Plus-Fixed-Fee task orders. As the contract is an IDIQ, no funding above the minimum guarantee is assured. Contract holders must pursue and receive task orders either through competitive or sole source procedures in order to receive funding above the guaranteed minimum.

SPECIAL ATTENTION SHOULD BE PAID TO ATTACHMENT 10. THIS CHECKLIST IS

PROVIDED TO AID IN ENSURING THE PROPOSAL IS COMPLETE. IT DOES NOT LIST

ALL REQUIREMENTS BUT IT IS INTENDED TO MINIMIZE THE OMISSION OF KEY

INFORMATION.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Services and ODCs (except Travel)

CPIF Services and ODCs (except Travel) IAW the Performance-Based IDIQ

SOW and the Task Order PWS

NOTE: The requirements in DFARS 252.211-7003, Item Identification and

Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

TARGET COST

TARGET FEE

TOTAL TGT COST + FEE

MINIMUM FEE

MAXIMUM FEE

SHARE RATIO ABOVE TARGET

SHARE RATIO BELOW TARGET

FPI

Services and ODCs (except Travel)

Services and ODCs (except Travel) IAW the Performance-Based IDIQ SOW and the Task Order PWS

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

TARGET PROFIT

TOTAL TARGET PRICE

CEILING PRICE

CPFF

EST

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FIXED FEE

FFP

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

Construction and ODCs (except Travel)

All Construction Work IAW the Performance-Based IDIQ SOW and the Task Order PWS. Includes all labor, materials and ODCs, except Travel (Construction Wage Rate Requirements will apply to this line item for pricing purposes). In no event shall all costs associated with construction efforts per Task Order exceed $150,000.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

COST

Lot

Travel

All Travel and Per Diem Cost

Contract Data Requirements List

Contract Data Requirements List (DD 1423) for CLINs 0001-0006- See Exhibit A

OPTION Services and ODCs (except Travel)

CPIFServices and ODCs (except Travel) IAW the Performance-Based IDIQ SOW and the Task Order PWS

NOTE: The requirements in DFARS 252.211-7003, Item Identification and

Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

TARGET FEE

TOTAL TGT COST + FEE

MINIMUM FEE

MAXIMUM FEE

FPI

OPTION Services and ODCs (except Travel)

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

TARGET PROFIT

TOTAL TARGET PRICE

CEILING PRICE

CPFF

EST

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FIXED FEE

TOTAL EST COST + FIXED FEE

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

OPTION Construction and ODCs (except Travel)

All Construction Work IAW the Performance-Based IDIQ SOW and the Task Order PWS. Includes all labor, materials and ODCs, except Travel (Construction Wage Rate Requirements will apply to this line item for pricing purposes). In no event shall all costs associated with construction efforts per Task Order exceed $150,000.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

COST

Lot

OPTION Travel

All Travel and Per Diem Costs

OPTION Contract Data Requirements List

Contract Data Requirements List (DD 1423) for CLINs 1001-1006 - See Exhibit A

CLAUSES INCORPORATED BY FULL TEXT

5252.216-9203 PAYMENT OF INCENTIVE FEE (JAN 1989)

TARGET COST (Exclusive of Fee): $ *.

MINIMUM FEE: 0%.

MAXIMUM FEE: 15%.

SHARE RATIO: 50/50 (Government/Contractor) below Target Cost

50/50 (Government/Contractor) above Target Cost.

The allowable cost and incentive fee hereunder shall be paid in accordance with the clauses of the contract entitled

“Allowable Cost and Payment” and “Incentive Fee”.

The Government shall make payment on account of the target fee of 7 percent (%) of the amounts payable under each invoice for the work performed, subject however, to the withholding provisions of paragraph (c) of the

“Incentive Fee” clause of this contract.

In the event of discontinuance of the work in accordance with the clause entitled “Limitation of Cost” the fee shall be re-determined by mutual agreement equitably to reflect the diminution of the work performed; the amount by which such fee is less than or exceeds, payments previously made on account of fee, shall be paid to, or repaid by, the Contractor, as the case may be.

* To be determined on individual Task Orders

(End of clause)

5252.216-9205 FEE DETERMINATION AND PAYMENT (INDEFINITE DELIVERY TYPE CONTRACTS)

(JULY 2009) (VARIATION)

(a) Types of Delivery or Task Orders.

Both level-of-effort and completion type orders may be issued under this contract. The Request for Proposal issued for each delivery or task order will set forth the type of order deemed appropriate by the Government. If the

Contractor disagrees with the Government’s assessment, the Ordering Officer and the contractor shall attempt to resolve the matter through the negotiation process. Failing this, the matter will be referred to the Contracting

Officer. If necessary, a final decision shall be made in accordance with the FAR 52.233-1 “Disputes” clause. The

Contracting Officer’s determination will govern the type of order, pending an appeal pursuant to the “Disputes” clause. The contractor will use his best efforts to work on the order until the dispute is resolved.

(b) Fixed Fee Pool.

The fixed fee pool consists of the total fixed fee of the contract AND includes the total fee to be paid to the prime contractor and all subcontractors. SUBCONTRACTOR FEE WILL NOT BE BILLED AS A SEPARATE DIRECT

COST ON THE VOUCHER SUBMITTED BY THE CONTRACTOR TO THE GOVERNMENT, BUT WILL BE

PAID TO THE SUBCONTRACTOR BY THE PRIME CONTRACTOR FROM THE FEE BILLED FROM THE

FIXED FEE POOL.

(c) Computation of Fee.

The percentage of the fee applicable to orders will be determined at the task order level, but will not exceed the fee percentage established in the contract.

(d) Fee on Modifications to Term Type (Level-of-Effort) Delivery or Task Orders.

If the hours for a particular delivery or task order are insufficient to complete performance under the order, the government may elect to increase the hours by written modification. This increase in cost associated with the increase in hours will be fee bearing at the same percentage of fee established in the basic contract. If the hours prove to be in excess of that necessary to complete performance under this order, the government shall decrease the hours by written modification. The fee associated with the decrease in hours will be reduced by the percentage of fee established in the basic contract.

Estimated cost will be increased/decreased as applicable.

(e) Fee on Modifications to Completion Type Delivery or Task Orders.

If the task(s) required under a particular delivery or task order cannot be completed within the negotiated estimated cost (an overrun situation), the government may elect to increase the estimated cost to complete the effort with no additional fee allocation.

If the task(s) required under the order is completed and the cost is less than that negotiated (underrun), the contractor shall be entitled to full payment of the fixed fee specified in the order. Excess costs shall be deobligated by modification to the delivery order prior to contract closeout.

(f) Modifications to the Basic Contract.

If the contracting officer determines, for any reason, to adjust the contract amount or the estimated total hours, such adjustments shall be made by contract modification. Any increase will be fee bearing, except cost overruns on completion type orders, at the percentage of fee established in the basic contract.

The estimated cost of the contract may be increased by written modification, if required, due to cost overruns. This increase in cost is not fee bearing and no additional hours will be added to the total estimated hours under the contract.

(g) Payment of Fee.

The Government shall pay fixed fee to the contractor on each task order as determined at the task order level but it shall not exceed the fee percentage established in the basic contract. Payment shall be subject to the contract’s

“Fixed Fee” clause, provided that the total of all such payments shall not exceed eighty-five percent (85%) of the fixed fee specified under each applicable delivery order, unless waived. In accordance with the provisions of paragraphs (d) and (e) of this clause, any balance of fixed fee shall be paid to the contractor, or any overpayment of fixed fee shall be repaid by the contractor, at the time of final payment.

(h) Closeout.

Delivery or task orders will be closed out on an individual basis, upon agreement of final indirect rates for the period of performance of the applicable delivery or task order. The contractor shall forward the final voucher directly to the cognizant DCAA for final audit. DCAA will forward the voucher and the final audit to the cognizant ACO (see block 6 of the basic contract), who will process it for final payment and submit it to the paying office.

5252.216-9218 MINIMUM AND MAXIMUM QUANTITIES (JUL 1989)

As referred to in paragraph (b) of the “Indefinite Quantity” clause, located in Section I, the contract minimum quantity is a total of $ 5,000 worth of orders at the contract unit price(s). The maximum quantity is the total estimated amount of the contract. The maximum quantity is not to be exceeded without prior approval of the

Procuring Contracting Officer.

5252.232-9200 ALLOTMENT OF FUNDS (JAN 1989)

(a) This contract is incrementally funded with respect to both cost and fee.

(b) The amounts presently available and allotted to this contract for payment of fee, as provided in the Section I clause of this contract entitled “Fixed Fee”, are as follows:

ITEM(S) ALLOTTED TO FIXED FEE

(c) The amounts presently available and allotted to this contract for payment of cost, subject to the Section I

“Limitation of Funds” clause, the items covered thereby and the period of performance which it is estimated the allotted amount will cover are as follows:

ITEM(S) ALLOTTED TO COST PERIOD OF PERFORMANCE

(d) The parties contemplate that the Government will allot additional amounts to this contract from time to time by unilateral contract modification, and any such modification shall state separately the amounts allotted for cost and for fee, the items covered thereby, and the period of performance the amounts are expected to cover.

** To be determined on individual Task Orders

B-300 -FEE AND/OR PROFIT RATES

B-300 - FEE AND/OR PROFIT RATES

The fee and profit rates, ceiling percentage and share ratios for this contract shall be as specified below. Share ratios represent the maximum percentage of the Government share of an overrun and the minimum percentage of the

Government share of an underrun. Offerors will be contractually held to the rates specified for the life of the contract if they receive an award.

Cost Plus Incentive Fee (CPIF) Task Orders

Target Fee: 7%

Minimum Fee: 0%

Maximum Fee: 15%

Share Ratio Above Target: 50/50

Share Ratio Below Target: 50/50

Fixed Price Incentive (Firm Target) (FPIF) Task Orders

Target Fee: 7%

Ceiling: 113%

Share Ratio Above Target: 50/50

Share Ratio Below Target: 50/50

Cost Plus Fixed Fee (CPFF) Task Orders

Fixed Fee: 7%

Firm Fixed Price (FFP) Task Orders

Profit: 10%

Notwithstanding the above, under task order competition, an offeror may propose a more competitive target profit, target fee, fixed fee, profit, maximum fee, minimum fee, share ratio or price ceiling ratio, or a combination thereof.

Under task order competition, the Government may set the price ceiling ratio for individual FPIF task orders. The proposed rates for each task order would only apply to the individual task order. All rates are subject to the contract ceiling aforementioned.

(End of Clause)

Section C - Descriptions and Specifications

C-1 – SECURITY REQUIREMENTS

The work to be performed under this contract as delineated in the DD Form 254, Attachment 4, involves access to and handling of classified material up to and including TOP SECRET/SCI. In addition to the requirements of the

FAR 52.204-2 “Security Requirements” clause, the Contractor shall appoint a Security Officer, who shall (1) be responsible for all security aspects of the work performed under this contract, (2) assure compliance with the

National Industry Security Program Operating Manual (DODINST 5220.22M), and (3) assure compliance with any written instructions from the SPAWARSYSCOM Security Officer.

C-2 - SPECIFICATIONS/STATEMENT OF WORK/PERFORMANCE WORK STATEMENT (APR 2009)

The work under this contract shall be performed in accordance with the performance-based statement of work, which is included as Attachment 3.

C-3 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The purpose of this plan is to provide a quality assurance plan for the services contracted under this contract. This plan provides a basis for the Contracting Officer's Representative (COR) to evaluate the quality of the contractor's performance. The oversight provided for in this plan, and the remedy established, will help ensure that service levels are of high quality throughout the contract. The Quality Assurance Surveillance Plan is provided as Attachment 5.

C-4 JOINT THEATER SUPPORT CONTRACTING COMMAND SPECIAL REQUIREMENTS

Attachment 13 lists the applicable clauses for work performed in the corresponding countries within the CENTCOM

AOR.

CENTCOM policy is to have separate clauses applicable to each country; all clauses applicable to the CENTCOM

AOR have been updated and included in the attachments above.

CENTCOM will update clause requirements as often as required, and attachments will be updated accordingly. This complies with the new CENTCOM clause format, which lists clauses required by country.

**Note: Clauses that are not country specific remain in the contract for work performed outside of Afghanistan.

5252.211-9201 COMPLIANCE WITH SPECIFICATION (DEC 1999)

The effort required hereunder shall be in accordance with the specifications set forth herein and the offeror’s technical proposal [Contracting officer, at time of award, insert title, date and/or other identification (e.g., number of contractor’s proposal). Incorporate only the applicable technical portions of contractor’s proposal.]which is incorporated herein by reference and made a part hereof. In the event any discrepancy between the Government’s specification and the Contractor’s proposal, the Government’s specification shall control unless otherwise noted herein.

5252.216-9217 DELIVERY/TASK ORDER PROCEDURES (SEP 2014)--ALTERNATE II (VARIATION)

The order procedures below are provided for informational purposes only. The actual procedures (including response times) may vary according to individual order circumstances.

(a) Multiple Award Contract (MAC) Ordering Procedures. It is anticipated that each competitive order will be placed in accordance with the following procedures:

(1) Requirements Documentation. Upon identification of a requirement, the cognizant technical code will develop a draft Performance Work Statement (PWS)/Statement of Work (SOW) and other requirements documents (e.g., Contract Data Requirements List (CDRL)) consistent with the technical requirements of this contract and the specific effort. Both level-of-effort (term) and completion type orders may be issued under this contract. Each order will include the order type deemed appropriate by the Government.

(2) Draft RFP*. The contract specialist will issue a draft Request for Proposals (RFP) to all MAC contractors** which will include, at a minimum, the draft PWS/SOW, anticipated CDRL data items, and the anticipated selection procedures for the order. Contractors are strongly encouraged at this stage to ask questions pertaining to the draft RFP, including topics such as the Government’s evaluation strategy, and to provide comments that could potentially help the Government improve the procurement. The time allotted for the submission of questions and/or comments is typically 2 to 5 business days.

*The Government may choose to skip the “Draft RFP” step altogether. In those instances, however, the contractors will still be allowed a question and answer period which will be identified in the RFP.

**Since correspondence is conducted via email, all MAC awardees are strongly encouraged to provide more than one email address to the Government to ensure that multiple contractor POCs receive the Government’s emails.

The Government desires more than one offeror to submit a proposal for each order. Contractors are strongly encouraged to provide a preliminary decision as to whether or not they intend to submit a proposal in response to the final RFP. Should a contractor decide not to submit a proposal for the order, the

Government may request the contractor to provide documentation to the Government indicating the reason(s) why no proposal is being submitted. Additionally, the contractor is strongly encouraged to indicate if additional time to respond to the final RFP would cause the contractor to submit a proposal, and if so, how much additional time would be required. This initial propose/no-propose decision is strongly encouraged and is due no later than the deadline for questions and/or comments in response to the draft RFP.

(3) Final RFP. After the submission time for questions/comments in response to the draft RFP has expired, the Government will issue a final RFP which will contain the finalized requirements documents and selection procedures for the order. All eligible MAC awardees, even those that conveyed intent to not propose, will receive the final RFP. If there were any questions submitted during the draft RFP phase, at the

Government’s discretion, pertinent questions and answers (properly sanitized of proprietary information) will be distributed to all eligible MAC contractors along with the final RFP. The time allotted for the submission of proposals is typically 5 to 10 business days.

Contractors that provided an intent-to-propose at the draft RFP stage, and then subsequently decide NOT to submit a proposal, are strongly encouraged to provide the same level of detail as identified above regarding why they are choosing not to submit a proposal. Any subsequent propose/no-propose decision that conflicts with the initial propose/no-propose decision are strongly encouraged to be submitted to the Government as early as possible.

(4) Source Selection Procedures. For a given order, the selection procedures will be based on a best value process, whether allowing for a tradeoff process (see FAR 15.101-1) or a low price/cost, or lowest price technically acceptable process (see FAR 15.101-2); however, in accordance with FAR 16.505(b)(1)(ii), FAR

15.3 will not apply. Each RFP will provide instructions to the MAC contractors as to the specific procedures for responding to the RFP and describe what information shall be presented to the Government in order to be considered for award of the order. The Government reserves the right to clarify certain aspects of one or more of the proposals, without contacting all offerors, unless such communication is used to materially alter the technical or cost elements and/or otherwise revise the proposal.

(5) Evaluation and Award. The Government will evaluate proposals and make award based on the evaluation criteria set forth in the final RFP. Once an offeror’s proposal has been selected for award, a DD

Form 1155 will be executed by the Contracting Officer and sent to the contractor via e-mail or facsimile as notice to begin work. The contractor is cautioned that no work is to be started prior to receipt of a properly signed and executed DD Form 1155, Order for Supplies/Services, or other authorization by the Contracting

Officer.

Within a reasonable amount of time (usually within 1 business day) after order award, the name of the awardee and the total value of the order will be provided to all MAC contractors.

(b) Non-Competitive Ordering Procedures. It is anticipated that each order awarded to a single award contractor, or to a MAC contractor when a Contracting Officer-approved exception at FAR

16.505(b)(2)(i)(A) through (F) applies, will be placed in accordance with the following procedures:

(1) Requirements Documentation. Upon identification of a requirement, the cognizant technical code will develop a draft PWS/SOW and other requirements documents (e.g., CDRL) consistent with the technical requirements of the effort. Both level of effort (term) and completion type orders may be issued under this contract. The PWS/SOW will include the order type deemed appropriate by the Government.

After both parties have reached agreement regarding the technical requirements of the PWS/SOW, the contractor and the Contracting Officer’s Representative (COR) shall sign and date the final document to signify their common understanding of the order requirements.

(2) Cost Estimate*. Typically within 1 to 5 business days after signing the PWS/SOW, the contractor will submit to the contract specialist and the COR/COR Support Manager (CSM) a complete cost estimate.

The cost estimate shall contain the following information to enable the Contracting Officer to make a determination of cost/price reasonableness:

(i) Individually listed labor categories, direct labor hours, and unburdened hourly labor rates for each labor category.

(ii) Other Direct Cost (ODC) cost information shall include identification of: 1) material

(consumable and non-consumables) purchase description and amount; 2) summary of travel costs to include identification of number of travelers, destination, and duration for each trip and 3) other direct costs not separately identified.

(iii) Actual indirect rates used and note their application.

(iv) Show totals for individual cost elements, as well as the overall total for hours, estimated cost, and cost plus fee. Identify the average hourly labor rate for the overall proposal (computed by dividing total fully burdened labor cost by total labor hours).

(v) If applicable, subcontractor costs, names of subcontractor(s) and type of subcontract(s).

(vi) For proposed personnel, identify the fully burdened hourly labor rate inclusive of all applicable indirect costs and fee.

(vii) Any other cost or pricing data requested in the Task Order RFP.

*These cost estimate elements apply to both competitive and non-competitive orders.

(3) Cost Evaluation and Award. Once the Contracting Officer has reviewed and accepted the contractor’s cost estimate, a DD Form 1155 will be executed by the Contracting Officer and sent to the contractor via e-mail or facsimile as notice to begin work. The contractor is cautioned that no work is to be started prior to receipt of a properly signed and executed DD Form 1155, Order for Supplies/Services, or other authorization by the Contracting Officer. As necessary, the contract administrator or contracting officer will contact the contractor to negotiate costs or minor requirements details before a DD Form 1155 is executed.

(c) Content. All orders will include the following elements:

(1) Effective date of order

(2) Contract and order numbers

(3) Type of order (i.e., completion or level-of-effort-term)

(4) Estimated hours

(5) Estimated cost, fee or price

(6) Scope

(7) Inspection and Acceptance Terms

(8) Delivery and/or period of performance (PoP) dates

(9) Place of delivery or performance

(10) Accounting and appropriation data

(11) Other information as appropriate (e.g., COR Designation, Government Furnished Property, material, or facilities to be made available for performance of the order; safety requirements;

security requirements set forth on DD Form 254; data requirements set forth on DD Form 1423).

(12) Each order under a cost-reimbursement contract is deemed to include the clause at FAR 52.232-

20 “Limitation of Cost” or 52.232-22 “Limitation of Funds,” whichever is applicable.

(d) Contractor Notification. The contractor is responsible for immediately notifying the Contracting Officer of any difficulties in performing in accordance with the terms of the order.

(e) Competition Advocate. For this contract, the designated order ombudsman is the Navy Competition

Advocate General (DASN (AP) as per NMCARS 5206.501). The ombudsman is responsible for reviewing complaints from multiple award contractors and ensuring that all of the contractors are afforded a fair opportunity to be considered for orders in excess of $3,500, consistent with procedures in the contract.

However, it is not within the designated ombudsman’s authority to prevent the issuance of an order or to disturb an existing order. Contractors are encouraged to settle their complaints through the Competition

Advocate chain of command; first seeking review by the Competition Advocate at the issuing activity, either

SSC Pacific, Code 20 or SSC Atlantic, Code 20, then the Competition Advocate at SPAWAR HQ 2.0B, prior to taking complaints to the Navy Competition Advocate General.

5252.222-9200 WORKWEEK (APR 2012) ALTERNATE I (DEC 2013)

(a) All or a portion of the effort under this contract will be performed on a Government installation. The normal workweek for Government employees at SPAWAR Systems Center Atlantic/SPAWAR Systems

Center Pacific and Detachments is 7:30 am to 4:00 pm Local Time. Work at this Government installation, shall be performed by the contractor within the normal workweek unless differing hours are specified on the individual task orders. Following is a list of holidays observed by the Government:

Name of Holiday Time of Observance

New Year’s Day 1 January

Martin Luther King Jr. Day Third Monday in January

President's Day Third Monday in February

Memorial Day Last Monday in May

Independence Day 4 July

Labor Day First Monday in September

Columbus Day Second Monday in October

Veteran's Day 11 November

Thanksgiving Day Fourth Thursday in November

Christmas Day 25 December

(b) If any of the above holidays occur on a Saturday or a Sunday, then such holiday shall be observed by the Contractor in accordance with the practice as observed by the assigned Government employees at the using activity.

(c) If the Contractor is prevented from performance as the result of an Executive Order or an administrative leave determination applying to the using activity, such time may be charged to the contract as direct cost provided such charges are consistent with the Contractor’s accounting practices.

(d) This contract does not allow for payment of overtime during the normal workweek for employees who are not exempted from the Fair Labor Standards Act unless expressly authorized by the Ordering Officer.

Under Federal regulations the payment of overtime is required only when an employee works more than

40 hours in a normal week period.

(e) NOTICE: All Contractor employees who make repeated deliveries to military installations shall obtain the required employee pass via the Defense Biometric Identification System (DBIDS) in order to gain access to the facility. Information about DBIDS may be found at the following website:

https://www.cnic.navy.mil/om/dbids.html.

Contractor employees must be able to obtain a DBIDS in accordance with base security requirements.

Each employee shall wear the Government issued DBIDS badge over the front of the outer clothing.

When an employee leaves the Contractor's employ, the employee's DBIDS pass shall be returned to the

Contracting Officer's Representative or the base Badge and Pass Office within five (5) calendar days.

Contractors who do not have a DBIDS or Common Access Card (CAC) must be issued a one-day pass daily at the Badge and Pass Office. Issuance of a CAC requires the need for physical access to the installation and logical access to government owned computer systems.

(f) Periodically the Government may conduct Anti-Terrorism Force Protection (AT/FP) and/or safety security exercises which may require the Contractor to adjust its work schedule and/or place of performance to accommodate execution of the exercise. The Contractor will be required to work with its

Government point of contact to adjust work schedules and/or place of performance in the case of an https://www.cnic.navy.mil/om/dbids.html https://www.cnic.navy.mil/om/dbids.html exercise that causes disruption of normally scheduled work hours, or disruption of access to a government facility. The contract does not allow for payment of work if schedules cannot be adjusted and/or the work cannot be executed remotely (i.e., the contractor's facility or alternate non-impacted location), during an exercise when government facilities are inaccessible.

5252.228-9200 LIABILITY INSURANCE--FIXED PRICE CONTRACTS (OCT 2001)

(a) The following types of insurance are required in accordance with the FAR 52.228-5 “Insurance--Work on a

Government Installation” clause and shall be maintained in the minimum amounts shown:

(1) Workers’ compensation and employers’ liability: minimum of $100,000

(2) Comprehensive general liability: $500,000 per occurrence

(3) Automobile liability: $200,000 per person

$500,000 per occurrence

$ 20,000 per occurrence for property damage

(b) Upon notification of contract award, the contractor shall furnish to the Contracting Officer, as required by paragraph (b) of the FAR 52.228-5 “Insurance--Work on a Government Installation” clause, a certificate or written statement of insurance prior to commencement of work under this contract. The written statement of insurance must contain the following information: policy number, policyholder, carrier, amount of coverage, dates of effectiveness

(i.e., performance period), and contract number. The contract number shall be cited on the certificate of insurance.

5252.228-9201 LIABILITY INSURANCE--COST TYPE CONTRACTS (OCT 2001)

(a) The following types of insurance are required in accordance with the FAR 52.228-7 “Insurance--Liability to

Third Persons” clause and shall be maintained in the minimum amounts shown:

(1) Workers’ compensation and employers’ liability: minimum of $100,000

(2) Comprehensive general liability: $500,000 per occurrence

(3) Automobile liability: $200,000 per person

$500,000 per occurrence

$ 20,000 per occurrence for property damage

(b) When requested by the contracting officer, the contractor shall furnish to the Contracting Officer a certificate or written statement of insurance. The written statement of insurance must contain the following information: policy number, policyholder, carrier, amount of coverage, dates of effectiveness (i.e., performance period), and contract number. The contract number shall be cited on the certificate of insurance.

5252.237-9600 PERSONNEL QUALIFICATIONS (MINIMUM) (JAN 1992)

(a) Personnel assigned to or utilized by the Contractor in the performance of this contract shall, as a minimum, meet the experience, educational, or other background requirements set forth below and shall be fully capable of performing in an efficient, reliable, and professional manner. If the offeror does not identify the labor categories listed below by the same specific title, then a cross-reference list should be provided in the offeror’s proposal identifying the difference.

(b) If the Contracting Officer or Ordering Officer questions the qualifications or competence of any persons performing under the contract, the burden of proof to sustain that the persons is qualified as prescribed herein shall be upon the contractor.

(c) The Contractor must have personnel, organization, and administrative control necessary to ensure that the services performed meet all requirements specified in task orders. The work history of each Contractor employee shall contain experience directly related to the tasks and functions to be assigned. The Contracting Officer or

Ordering Officer reserves the right to determine if a given work history contains necessary and sufficiently detailed, related experience to reasonably ensure the ability for effective and efficient performance.

See Attachment 2 for Personnel Qualifications for all work performed under CLINs 0001- 0004 and 1001 - 1004.

The contractor shall adhere to the applicable Wage Determination for all work performed under CLINs 0006 and

1006.

5252.237-9601 KEY PERSONNEL (DEC 1999)

(a) The offeror agrees to assign to this contract those key personnel listed in paragraph (d) below. The key personnel listed shall meet the qualifications identified for the respective labor categories in Attachment 2. No substitutions shall be made except in accordance with this clause.

(b) The offeror agrees that during the first 180 days of the contract performance period no personnel substitutions will be permitted unless such substitutions are necessitated by an individual's sudden illness, death or termination of employment. In any of these events, the contractor shall promptly notify the Contracting Officer and provide the information required by paragraph (c) below. After the initial 180 day period, all proposed substitutions must be submitted in writing, at least fifteen (15) days (thirty (30) days if a security clearance is to be obtained) in advance of the proposed substitutions to the contracting officer. These substitution requests shall provide the information required by paragraph (c) below.

(c) All requests for approval of substitutions under this contract must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. They must contain a complete resume for the proposed substitute or addition, and any other information requested by the Contracting Officer or needed by him to approve or disapprove the proposed substitutions. All substitutions proposed during the duration of this contract must have qualifications of the person being replaced. The Contracting Officer or his authorized representative will evaluate such requests and promptly notify the contractor of his approval or disapproval thereof in writing.

(d) List of Key Personnel

CONTRACT LABOR CATEGORY

Program Manager:

Project Manager – Shore:

(e) If the Contracting Officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the service order, the contract may be terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate. In addition, if the Contractor is found at fault for the condition, the

Contracting Officer may elect to equitably decrease the contract price or fixed fee to compensate the Government for any resultant delay, loss or damage.

(f) If the offeror wishes to add personnel to be used in a labor category he shall employ the procedures outlined in paragraph (c) above. Adding personnel will only be permitted in the event of an indefinite quantity contract, where the Government has issued a delivery order for labor hours that would exceed a normal forty hour week if performed only by the number of employees originally proposed.

Section D - Packaging and Marking

D-200 PREPARATION FOR DELIVERY

(a) Supplies shall be prepared for delivery in accordance with ASTM-D-3951, “Standard

Practice for Commercial Packaging”, dated 1 September 1995.

(b) The contractor shall mark all shipments under this contract in accordance with MIL-STD-

129 “Military Standard Marking for Shipment and Storage.”

(c) All classified reports, data, and documentation, if any, shall be prepared for shipment in accordance with the National Industry Security Program Operating Manual

(NISPOM), DoD 5220.22-M.

D-100 - Packaging & Marking of Technical Data

Technical Data and Information shall be delivered in accordance with the requirements of the CDRL, DD Form

1423, Exhibits A attached hereto, and the following:

(a)The Contractor shall concurrently deliver technical data and information per DD Form 1423, Blocks 12 and 13

(date of first/subsequent submission) to all activities listed in Block 14 of the DD Form 1423 (distribution and addresses) for each item. Complete addresses for the abbreviations in Block 14 are shown in paragraph (g) below.

Additionally, the technical data shall be delivered to the following cognizant codes, who are listed in Block 6 of the

DD Form 1423: TO BE PROVIDED IN INDIVIDUAL TASK ORDERS.

(b) Partial delivery of data is not acceptable unless specifically authorized on the DD Form 1423, or unless approved in writing by the PCO.

(c) The Government review period provided on the DD Form 1423 for each item commences upon receipt of all required data by the technical activity designated in Block 6.

(d) A copy of all other correspondence addressed to the Contracting Officer relating to data item requirements (i.e.

status of delivery) shall also be provided to the codes reflected above and the technical activity responsible for the data item per Block 6, if not one of the activities listed above.

(e) The PCO reserves the right to issue unilateral modifications to change the destination codes and addresses for all technical data and information at no additional cost to the Government.

(f) Unless otherwise specified in writing, rejected data items shall be resubmitted within thirty (30) days after receipt of notice of rejection.

(g) DD Form 1423, Block 14 Submittal Addresses: TO BE PROVIDED IN INDIVIDUAL TASK ORDERS.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

0006 Destination Government Destination Government

0007 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

1003 Destination Government Destination Government

1004 Destination Government Destination Government

1005 Destination Government Destination Government

1006 Destination Government Destination Government

1007 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996

52.246-3 Inspection Of Supplies Cost-Reimbursement MAY 2001

52.246-4 Inspection Of Services--Fixed Price AUG 1996

52.246-5 Inspection Of Services Cost-Reimbursement APR 1984

52.246-12 Inspection of Construction AUG 1996

52.246-15 Certificate of Conformance APR 1984

Section F - Deliveries or Performance

F-704

F-704 EXERCISE OF TASK ORDER OPTIONS (JUN 2010)

(a) The Government reserves the right to award task orders which include options. The Government will evaluate offers for the purposes of awarding task orders by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(b) Task order options may be exercised by a unilateral modification to the task order by the Contracting Officer on or prior to the end of the task order performance period. The Government may extend the term of a task order by written notice to the Contractor provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least *days before the task order expires. The preliminary notice does not commit the

Government to an extension. Options included in the task order may only be exercised if, at the time of option exercise, the basic contract is active for new orders.

(c) If the Government exercises an option, the extended task order shall be considered to include this option clause.

(d) The total duration of a task order, including the exercise of any options under this clause shall not exceed the additional time the ordering period for completion of outstanding orders as established in Contract Clause 52.216-

22.

*To be identified on individual task orders if applicable.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 15-FEB-2019 TO

14-FEB-2024

N/A N/A

0002 POP 15-FEB-2019 TO

0003 POP 15-FEB-2019 TO

0004 POP 15-FEB-2019 TO

0005 POP 15-FEB-2019 TO

0006 POP 15-FEB-2019 TO

0007 POP 15-FEB-2019 TO

1001 POP 15-FEB-2024 TO

14-FEB-2029

1002 POP 15-FEB-2024 TO

1003 POP 15-FEB-2024 TO

1004 POP 15-FEB-2024 TO

1005 POP 15-FEB-2024 TO

1006 POP 15-FEB-2024 TO

1007 POP 15-FEB-2024 TO

52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984

52.242-17 Government Delay Of Work APR 1984

52.247-34 F.O.B. Destination NOV 1991

52.247-55 F.O.B. Point For Delivery Of Government-Furnished

Property

JUN 2003

52.211-8 TIME OF DELIVERY (JUN 1997)--ALTERNATE III (APR 1984)

a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

[Contracting Officer insert specific details]

ITEM NO. QUANTITY WITHIN DAYS

AFTER DATE OF

CONTRACT

* TBD on individual Task Orders

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The

Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR’S PROPOSED DELIVERY SCHEDULE

ITEM NO. QUANTITY WITHIN DAYS

AFTER DATE OF

CONTRACT

* TBD on individual Task Orders

Section G - Contract Administration Data

G-1 PAYMENT CLAUSE TABLE

G-1 - PAYMENT CLAUSE TABLE

The payment office shall allocate and record the amounts paid to the accounting classification citations in the contract using the table below based on the type of payment request submitted and the type of effort.

Contract/Order Payment

Clause

Type of

Payment

Request

S u p p ly

S er v ic e

C o n st ru ct i o n

Payment Office

Allocation Method

52.212-4 (Alt I), Contract

Terms and Conditions—

Commercial Items

52.216-7, Allowable Cost and Payment

52.232-7, Payments under

Time-and-Materials and

Labor-Hour Contracts

Cost Voucher X X N/A Line item specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.

52.232-1, Payments Navy

Shipbuilding

Invoice (Fixed

Price)

X N/A N/A Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

52.232-1, Payments;

52.232-2, Payments under

Fixed-Price Research and

Development Contracts;

52.232-3, Payments under

Personal Services

Contracts;

52.232-4, Payments under

Transportation Contracts and Transportation-

Related Services Contracts;

and

52.232-6, Payments under

Communication Service

Contracts with Common

Carriers

Invoice X X N/A Line Item Specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.

Contract/Order Payment

Clause

Type of

Payment

Request

S u p p ly

S er v ic e

C o n st ru ct i o n

Payment Office

Allocation Method

52.232-5, Payments Under

Fixed-Price Construction

Contracts

Construction

Payment Invoice

N/A N/A X Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

52.232-16, Progress

Payments

Progress

Payment*

X X N/A Contract-wide proration. Funds shall be allocated in the same proportion…