N00421-10-R-1030 FARM.pdf

PAGE OF PAGESIRATINQ

, I 1 I 35

6. REQUISmON/PUROiASE NO.

1m45100

(lfother than Item7) CODE I

'TEL:

FAX:

W1til local time (Hour) (Date)

(NOCOI.1ECTCAIJ,S) IC. E-MAIL ADDRESS

todd.i<:ueUe@navy.mU

DE~IPTION , PArneS)

PARTll ~ CONlRACTClAUSES 11 - 14

EXHIBTIS AND 01H.ER ATIJ\C lIJ.=, Ii;

, II. lHIS CONlRACrIS A RAlED ORDER SOUQTATION,OFmRANDAW~ UNDER DPAS (15 CFR 700)

2.CONlRACfNO. 3. SOLiOfATION NO. 4.1YPE OF SOL/OTATION 5. DAlE ISSUED

NX>421-1 O-R-1 030 i 1 SEALED BID (/FB)

[Xl NEG01lAlED(RFP) 23 Apr 2010

7. ISSUED BY 'CODE N00421 8. ADDRESS OFFER 10

NAVAL AIR WARFARE CENTER f>D (PAX) COPE 2.5.1.4 BlDG 441 21963 BUNDY ROf>D See Item 7 PATUXENT RIVER MD 20070 'TEL: SEE Se:CTlON A

FAX: (301) *-9046

NOTE: In sealed bid soliCitatiom "offer" and "offeror" mean "bid" and 'bidder", ~OT ,In '4'1'. IN

9. Sealed offers in original and__ copies for furnishing the supplies or services in the SChedule ~11 re received at the place specified in Item 8, or if hanocarried, in the depository located in ;

CAUTION - LAT E &lbmissions, Modifications, and WithdJiaw.ds: 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 IA. NAME B.lELEPHONE (Include area code)

,CALL: TODD KETTELLE 301-342-0262

: 11 T ~RT P

(X)ISEC. I D~PTION PAGE<S) (X) SEC.

PARTI ·1HESCHEDUIE !

X A ~LIaT ATION! cONTRACT FORM 1 X I CDNTRACT CLAUSES X B SUPPLIES OR SERVIcEs AND PRICES' cosrs ! 2 PARTm· LISTOFDOC X C DEs:.mPTIONl SPECS/ WORK STATEMENT 3-5 X J LIST OF ATTACHMENTS

D PACKAGING AND MARKING PARTIV - REPRESENTAnONS AND INSlRUCnONS X E IN~ECTIbN AND ACCEPT ANcE 6 REPRESENT ArION$, CERTIFICATIONS AND

X F DELIVERIES OR PERRJRMANCE 7

X K

OTHER STATEMENTS OF OFFERORS

X G CDNTRACT ADMINISTRATION DATA , 8-9 X L INSTRS, CDNDS.

X H ~EaAL CONTRACT REOUIREMENTS 10 X M EVALUATION FACTORS FOR AWARD

OFl'm. ~t be fullv cooueted bv <d'eror) NOTE: Item 12 does not apply if the solicitation includes Ghe provisions at 52.214-16, Minimwn Bid Acceptance Period

12. In compliance with the aoove, the undersigned agrees, if' this offer is accepted ~thin is it)serted by the offeror) from the date for receipt of offljrs specified above, to furnish any or all items upon \\hich prices are offered at the price set opposite each item, delivered at the designated point(s), ~thin the ~ime specified in the schedule.

13. DI~UNT FOR PROMPT PAYMENT

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

14. ACKNOWLEDGMENT OF AMENPMENTS AMENDMENT NO. DATE

(The offeror acknolMedges receipt of amendments to the ~LIaT ATION for offerors and related docwnents nwnrered and dated):

15ANAME CODEI FAaLITY!

AND

ADDRE~

OF

OFFEROR

15B. TELEPHONE NO ID 15C. OiEO< IF REMrT1ANCE ADDRESS(Include area code) [S DIFFERENT fROM ABOVE - ENlER

SUCH ADDRESS IN SCHEDULE.

! AWARD (To be COD1l eted bv Glwrnmmt) [9. ACCEPlED AS 10 IlEMS NUMBERED '120. AM6~NT 21. ACcOUNTING AND APPROPRIAUON

22. AUlHORJ1Y FOR USING OlHERlHAN FULL AND OPEN COMPEllllON: 23. SUBMIT INVOICES TO ADIj>RESS SHOWN IN D 10 U.S.c. 2304(c)( ) , 0 41 U.S.c. 253(C)( ) (4 copies unless othelWise specified)

24. ADMINISlERED BY (Ifotherthan ltem7) COD~ I 25. PAYMENTWILL BE MADE BY l

26. NAME OF C'ONI'RACtm:; OFFICER ('I'ypie or print) 27 . tiNnED STA1ES OF AMERiCA

TEL; EMAIL: (Signature ofOmtracting Officer) ,~ - Aw.mi will h> m~n., em Ihi. F'or;" or on ?f. ~r hv other ' -"";.

Previous Edition is Unusable 33-134 SfANDARD IQRM 33 (REV. 9-97) PreSl;ribed by GSA FAR(48 Cffi) 53.214(c)

16- 24

25- 31AND NOTICES TO OFFERORS

32-35 calendar days (60 calendar days unless a different period

AMENDMENT NO. DATE

16. NAME AND TITLE OF P~N AUTHORIZED TO

SIGN OFFER (Type or print)

17. SIGNATURE 18. OFFER DATE

lITEM

CODE I

, I.

28. AWARD DAlE"

UA'itt':n noli"..

N00421-10-R-1030 I'.

Page 20f35

Section B - Supplies or Services and Prices

ITEM NO

ITEM NO

UNIT PRICE UNIT

Lite

SUPPLIES/SERVICES QUANTITY

. 1

455 FARM Anehoic Chamber Refurbishment

FFP

Firm fixed price contract acquisition for repair and refurbishment services of the anechoic chambers located at the Facilities for Antenna & RCS Measurements (FARM) buildings 3199 & 3200. The scope will also include an inspection of the chambers to reveal currently unknown repairs which may be necessary.

FOB: Destination

PURCHASE REQUEST NUMBER: 1300145169

NET AMT

AMOUNT

SUPPLIES/SERVICES QUANTITY

Data In Support of CLIN 0001

FFP

FOB: Destination

UNIT UNIT PRICE

NETAMT

AMOUNT

N00421-10-R-I030

Page 3 of35

Section C - Descriptions and Specificati<pns

STATEMENT OF WORK

Facilities for, Antenna & ReS Measurements (FARM)

1.0 Introduction

The Naval Air WarfareCenter Aircraft Division (NAWCAD), Patuxent River will procure refurbishment services for the anechoic chaITlbers located at the Facilities for Antenna & RCS Measurements (FARM).

2.0 Scope

This is a firm fixed price contract 'acquisition for repair and refurbishment services of the anechoic chambers located at the Facilities for Antenna & RCS Measurements (FARM) buildings 3199 & 3200. The scope will also include an inspection of the chambers to reveal currently unknown repairs which may be necessary.

3.0 Applicable Documents

Documentation required to gain access to the place of work, Naval Air Station Patuxent River Maryland is attached.

4.0 Reguirements

At a minimum the following tasks: shall be performed, to include but not limited to, full inspections of the chambers to ensure all necessary repairs are discovered in addition to the following known repairs: '

(submitted proposals should inclu~ed an itemized listing of all required and discovered repairs)

Three personnel access doors with a nominal size'of 5' x 7' and one equipment access door with a nominal size of 16' x 20' shall be ~efurbished as appropriate. At a minimum the doors shall be sanded to remove deposits of rust ~nd corrosion from all sUlfaces and door parts. All surfaces shall be repainted with rust resistaht paint as necessary.

The finger stock shall be replaced Ion all four doors as well as reattaching the brass door trim using appropriate means i.e. soldeting or fastening.

The seating of all four doors shall ~e repaird to eliminate any sags. The proper seating shall be improved by straightening the door knife edge mating alignment and hinge adjustments.

The push button latching nlechanfsm for one personnel access door shall be repaired so that it will unseal from inside the chamber.

The large door interior requires reattachment of foam anechoic material to the inside of the door after oxidation/corrosion is removed. The large door exterior steel panels need to be reattached after cleaning of corrosion and rust from mounting surfaces. Spare door maintenance for all four doors shall be performed. .

A 12" x 12" honeycomb air vent shall be installed for pressure relief.

All absorber material shall be inspected and any absorber that has degraded significantly beyond repair shall be replaced.

5.0 Place of Performance

The work will be performed at the Facilities for Antenna & RCS Measurements (FARM) buildings 3199 & 3200 on Priester Rd, Naval Air Station, Patuxent River, Maryland.

6.0 Period of Performance

The period of performance will conform to the awarded proposal.

7.0 Method of Surveillance

The Government may nlonitor and assess the contractor's performance against the Acceptable Quality Level in accordance with the pertinent clauses:

52.246-4 Inspection of Services--Fixed-Price 52.246-2 Inspection of Supp,ies--Fixed-Price

The performance of the contracto~ and the quality of work delivered shall be subject to in-process reviews and inspections during performance.

9.0 Security Classification

The work to be performed under this task is Unclassified.

10.0 Documentation

Weekly progress reports and statu$ against Work Breakdown Schedule (WBS) is to be provided to the Technical Point of Contact ~TPOC).

11.0 Contact Information

Page 5 of35

Contracting Office Address:

Building 441 21983 Bundy Road Patuxant River, MD 20670 United States

Place of Performace:

Building 3199 & 3200 Priester Rd NAS Patuxant River, Maryland 20602

Primary Point of Contact:

Todd Kettelle Contract Specialist todd.kettelle@navy.luil Phone: 301-757-9057

For proposal development, inspections of the chambers are available up to the closing date of the soliciation. To schedule inspections of the chambers please contact:

Dennis DeCarlo

TPOC

delmis.decarlo@navy.mil Phone: 301-342-9152 or

Gary Merkel

ATPOC

gary.merkel @navy.mil Phone: 301-342-9169

Page 60f35

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

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984

CLAUSES INCORPORATED BY FULL TEXT

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 30 days day after the contractor delivered the supplies or performed the services.

Page 7 of35

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE

0001 POP 14-JUN-2010 TO

30-SEP-2010

0002 POP 14-JUN-2010 TO

30-SEP-2010

QUANTITY

N/A

N/A

SHIP TO ADDRESS

N/A FOB: Destination

N/A FOB: Destination

VIC

CLAUSES INCORPORATED BY REFERENCE

52.247-34 . EO.B. Destination NOV 1991

N00421-10-R-1030

Page 8 of35

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

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

The Government anticipates that this dontract will be distributed to Defense Finance and Accounting Service

(DFAS) by the DOD Electronic Docunient 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 data.base.

(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 mad~ to the CCR database should be communicated to the Contracting Officer for the purpose of modifying the contract to reflect the new data.

CLAUSES INCORPORATED BY FULL TEXT

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

(a) The following information is provi4ed 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-lineitraining, 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 contr:act:

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

(ii) Locally-administered contract~: Contact your local NAVAIRlNAWC Pay Office (Commercial Accounts) 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 Infor~l1ation and WAWF Training websites.

(4) Back up documentation (such as Hmesheets, 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, regardi*g invoice routing DODAACs, must be entered for completion of the invoice in WAWF:

poDAAC LOCATION TABLE -Combo -The 2-in-1 invoi¢e is not authorized for use by NAVAIR -Questions? Call [-866-618-5988

DoDAAC Description

DDl155 (Destination Acceptance)

DDl155 (Source/Origin IAcceptance)

Located in Block

SF26 SF33 SF1449

SF1449

(Destination Acceptance) i

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

See

Schedule See

Schedule See

Schedule Service Acceptor DoDAAC

See Schedule

See

Schedule See

Schedule

Pay Office DoDAAC i i 16 12 25 27 18a

(c) Cost Vouchers also reqUIre the cogmzant DCAA DoDAAC, WhICh can be found by entenng 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 . t' d' I th ~ 11 . dd' . I . fmVOlce no Ice IrectlY to e.o owmgl\l ItlOna pomts 0 contact:

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

Technical Point of Contact or Contracting Officer's Representative

Dennis DeCarlo dennis.dec~rlo@navy.mil 301-342-9152 TPOC Gary Merkel gary.merk~l @navy.mil 301-342-9169 TPOC

Section H - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

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 a;pplies 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.

CLAUSES INCORPORATED BY FULL. TEXT

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 GoverIUilent 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 Cont~acting 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 cohtract and notwithstanding provisibns 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 cbnsidered to have been made without authority and no adjustment will be made in the contract price to cover any ir)crease in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is: LCpR Fernando Harris, (301) 757-9787, fernando.harris@navy.mil, NAVAIR Contracts Bldg 441, 21983 BUNDY ROAD, Patuxent River, NID 20670

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 52.203-3 52.203-5 52.203-6 52.203-7 52.203-8

52.203-10 52.203-12

52.204-4 52.204-7 52.209-6

52.211-5 52.215-2 52.215-8 52.215-14 52.215-21

52.219-8 (Dev) 52.219-28 52.222-3 52.222-20 52.222-21 52.222-26 52.222-35

52.222-36 52.222-37

52.222-50 52.223-14 52.223-16 Alt I

52.225-13 52.226-1

52.227-1 52.227-2

52.228-5 52.229-3 52.232-9 52.232-23 Alt I 52.232-25 52.232-33

Definitions Gratuities Covenant Against <tontingent Fees Restrictions On Subcontractor Sales To The Government Anti-Kickback Procedures

JUL 2004

APR 1984

APR 1984

SEP 2006

JUL 1995

Cancellation, ResciSsion, and Recovery of Funds for Illegal or JAN 1997 Improper Activity Price Or Fee Adjustment For Illegal Or Improper Activity Limitation On PaY.Q1ents To Influence·Certain Federal Transactions Printed or Copied Double-Sided on Recycled Paper Central Contractor;Registration Protecting the Gov~rnment's Interest When Subcontracting With Contractors Oebarred, Suspended, or Proposed for Debarment ' Material Requirem~nts

Audit and Records-~Negotiation

Order ofPrecedence--Uniform Contract Format Integrity of Unit Prices Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data--Modifications Utilization of Small Business Concerns (DEVIATION) Post-Award Small $usiness Program Rerepresentation Convict Labor .

Walsh-Healey Public Contracts Act Prohibition Of Segregated Facilities Equal Opportunity

JAN 1997

SEP 2007

AUG 2000

APR 2008

SEP 2006

AUG 2000

MAR 2009

OCT 1997

OCT 1997

OCT 1997

MAY 2004

APR 2009

JUN 2003

DEC 1996

FEB 1999

MAR 2007

Equal Opportunity for Special Disabled Veterans, Veterans ofSEP 2006 the Vietnam Era, arid Other Eligible Veterans Affirmative Action For Workers With Disabilities JUN 1998 Employment Reports On Special Disabled Veterans, VeteransSEP 2006 Of The Vietnam Er., and Other Eligible Veterans Combating TraffickJing in Persons Toxic Chemical Release Reporting IEEE 1680 Standard for the Environmental Assessment of Personal Computer rroducts (Dec 200&0 Alternate I Restrictions/on Cer~ain Foreign Purchases Utilization Of India~ Organizations And Indian-Owned Economic Enterprises Authorization and qonsent Notice And Assistance Regarding Patent And Copyright Infringement Insurance - Work O~ A Government Installation Federal, State And J1..ocal Taxes Limitation On Withholding Of Payments Assignment of Claims (Jan 1986) - Alternate I Prompt Payment Payment by Electro'lic Funds Transfer--Central Contractor Registration '

FEB 2009

AUG 2003

DEC 2007

JUN 2008

JUN 2000

JAN 1997

APR 2003

APR 1984

APR 1984

OCT 2008

OCT 2003

Page 12 of35

52.233-1 Disputes JUL 2002 52.233-3 Protest After Award AUG 1996 52.237-2 Protection Of Government Buildings, Equipment, And APR 1984

Vegetation 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes--Fixed pdce AUG 1987 52.244-5 Competition In Su~contracting DEC 1996 52.244-6 Subcontracts for C~mmercial Items DEC 2009 52.249-1 Termination For Convenience Of The Government(Fixed APR 1984

Price) (Short Form) 52.249-2 Termination For C6nvenience Of The Government (Fixed- MAY 2004

Price) 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.252-2 Clauses Incorporat¢d By Reference FEB 1998 52.253-1 Computer Generated Forms JAN 1991' 252.203-7000 Requirements Relating to Compensation of Former DoD JAN 2009

Officials 252.203-7001 Prohibition On PerSons Convicted of Fraud or Other Defense- DEC 2008

Contract-Related Felonies 252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By DEC 2006

The Government of a Terrorist Country 252.225-7002 Qualifying Country! Sources As Subcontractors APR 2003 252.225-7008 Restriction on Acq~isition of Speciality Metals JUL 2009 252.225-7012 Preference For Certain Domestic Commodities DEC 2008 252.232-7003 Electronic Submission of Payment Requests and Receiving MAR 2008

Reports 252.232-7010 Levies on Contract :Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.239-7001 Information Assurapce Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998 252.244-7000 Subcontracts for Commercial Items and Commercial AUG 2009

Components (DoD Contracts) 252.247-7023 Transportation of StIpplies by Sea MAY 2002 252.247-7024 Notification Of Tra~sportationOf Supplies By Sea MAR 2000

CLAUSES INCORPORATED BY FULL TEXT

52.219-4 NOTICE OF PRICE EVALUATION FOR HUBZONE SMALL BUSINESS CONCERNS

(JUL 2005) ,

(a) Definition. HUBZone small busine$s concern, as used in this clause, means a small business concern that appears on the List of QualifiedHUBZo~eSmall Business Concerns maintained by the Small Business Administration. i

(b) Evaluation preference. I

(l) Offers will be evaluated by addit~g a factor of 10 percent to the price of all offers, except

(i) Offers from HUBZone small bijsiness concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers frdm small business concerns.

N00421-1 0-R-1 030

(2) The factor of 10 percent shall b~ applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) A concern that is both a HUBZo'~e small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (se~ FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror's base offer. These individual preference amounts shall be added together to arrive at the tdtal evaluated price for that offer.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph

(d) of this clause do not apply if the offeror has waived the evaluation preference.

[ ] Offer elects to waive the evalu~tion preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for

(1) Services (except construction), at least 50 percent of the cost of personnel for contract, performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procuremen~ from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of ma~erials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction, at least 15 :percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred fOf personnel will be spent on the concern's employees or the employees of other HUBZone small business concerns.

(e) A HUBZone joint venture agrees that in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the HUBZone small business participant or participants;

(f) A HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by ~Zone small business manufacturer concerns. This paragraph does not apply in connection with construction or servicb contracts.

52.233-4 APPLICABLE LAW IFOR BREACH OF CONTRACT CLAIM (OCT 2004)

United States law will apply to resolve a~y claim of breach of this contract.

52.252-6 AUTHORIZED DEVlATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contr*ct of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by th~ addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contr~ct of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

i

252.204-7006 BILLING INSTRUCtIONS (OCT 2005)

When submitting a request for payment, the Contractor shall-- ,

(a) Identify the contract line item(s) onithe payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amotint for each contract line item included in the payment request.

252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS

MATERIALS (APR :1993)

(a) "Definitions".

As used in this clause -

(1) "Storage" means a non-transitory, semi-permanent or permanent holding, placement, or leaving of material.

It does not include a temporary accumulation of a limited quantity of a material used in or a waste generated or resulting from authorized activities, such as servicing, maintenance, or repair of Department of Defense (DoD) items, equipment, or facilities.

(2) "Toxic or hazardous materials" means:

(i) Materials referred to in section: 101 (14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 (42 U.S.C. 9601(14)) and materials designated under section 102 ofCERCLA (42 U.S.c. 9602) (40 CFR part 302);

(ii) Materials that are of an explos~ve, flammable, or pyrotechnic nature; or

(iii) Materials otherwise identified by the Secretary of Defense as specified in DoD regulations.

(b) In accordance with 10 U.S.c. 2692, the Contractor is prohibited from storing or disposing of non-DoD-owned toxic or hazardous materials on a DoD installation, except to the extent authorized by a statutory exception to 10 U.S.C. 2692 or as authorized by the Secretary of Defense or his designee.

5252.204-9504 DISCLOSURE OF CONTRACT INFORMATION (NAVAIR) (JAN 2007)

(a) The Contractor shall not release to anyone outside the Contractor's organization any unclassified information

(e.g., announcement of contract award), rlegardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to this contract, unless the Contracting Officer has given prior written approval.

(b) Requests for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The Contractor Shall submit its request to the Contracting Officer at least ten (10) days before the proposed date for release.

(c) The Contractor agrees to include a similar requirement in each subcontract under this contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the Contracting Officer.

N0042l-l0-R-1030

Section J - List of Documents, Exhibits and Other Attachments

Exhibit!Attachment Table of Contents

DOCUMENT TYPE

Attachment 1

DESCRIPTION

Contractor Adcess Request Form

PAGES

DATE

27-APR-20l0

Section K - Representations, Certifications and Other Statements of Offerors

CLAUSES INCORPORATED BY REFERENCE

52.203-11 Certification And l)isclosure Regarding Payments To SEP 2007 Influence Certain Federal Transactions

52.209-2 Prohibition on Contracting with Inverted Domestic JlJL 2009 .Corporations--Representation

52.219-22 Small Disadvantaged Business Status OCT 1999 52.222-38 Compliance With Veterans' Employment Reporting DEC 2001

Requirements 52.225-18 Place of Manufacture SEP 2006 252.209-7001 Disclosure of Owmtrship or Control by the Government of a JAN 2009

Terrorist Country , CLAUSES INCORPORATED BY FULL TEXT

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

"Common parent," as used in this soliqitation provision, means that corporate entity that owns or controls an affiliated group of corporations that filesiits Federal income tax returns on a consolidated basis, and of which the offeror is a member.

"Taxpayer Identification Number (TU,t)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (t) of this provision to comply with debt collection requirements of 31 U.S.q. 7701(c) and 3325(d), reporting requirement of 26 U.S.C. 6041, 6041A, and 6050M and implementing regulation~ issued by the IRS. If the resulting contract is subject to the reporting requirements described in Federal Acqui$ition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 3 ~percent reduction of payments otherwise d\le under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the government (31 U.S.c. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR! 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. :

(d) Taxpayer Identification Number cr~N).

[ ] TIN: i'

[ ] TIN has been applied for.

[ ] TIN is not required because: i .

[ ] Offeror is a nonresident alierl, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of; a trade or business in the United States and does not have an office or place of business or a fiscal paying agentiin the United States;

[ ] Offeror is an agency or instrumentality of a foreign government;

[ ] Offeror is an agency or instrttmentality of a Federal Government;

[ ] Other. State basis. -...r _

(e) Type of organization.

[ ] Sole proprietorship;

[ ] Partnership; , [ ] Corporate entity (not tax-exem~t):

[ ] Corporate entity (tax-exempt): i

[ ] Government entity (Federal, State, or local);

[ ] Foreign government;

Page 17 of35

] International organization per 76 CFR 1.6049-4;

[ J Other '

(D Common Parent.

[ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

[ ] Name and TIN of common patient:

Name ---,-__--' _

TIN --' _

52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999)

(a) Definition. Women-owned business concern, as used in this provision, means a concern that is at least 51 percent owned by one or more women; dr in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and w~ose management and daily business operations are controlled by one or more women.

(b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(l) of FAR 52.219-1, Small Business Program Representation, of this solicitation.] The offeror represents that it [ ] is, [ ] is not a women-owned business concern.

52.204-8 ANNUAL REPRESE~TATIONS AND CERTIF ICATIONS (FEB 2009)

(a)(l) The North American Industry Classification System (NAICS) code for this acquisition is 236210.

(2) The small business size standard is $33.5M.

(3) The small business size standard:for a concern which submits an offer in its own name, other than on a construction or service contract, but whiqh proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)( 1) If the cla.use at 52.204-7, Central Contractor Registration, is included in this' solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not in,bluded in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronic~lly, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual rrepresentatio'ns and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies. ' [ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(l) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Indep~ndentPrice Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price c~ntract with economic price adjustment is contemplated, unless-

(A) The acquisition is to be ma~e under the simplified acquisition procedures in Part 13;

(B) The solicitation is a reques~ for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registratio~. ,

(iv) 52.204-5, Women-Owned B~siness (Other Than Small Business). This provisiun 'applies to solicitations that-

(A) Are not set aside for smalllbusiness concerns;

(B) Ex~eed the simplified acquisition threshold; and

(C) Are for contracts that will ~e performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place ofPerform~nce--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance lis specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. .

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. ]his provision applies to solicitations when contracting by sealed bidding and

I the contract will be performed in the Un.ted States or its outlying areas.

(x) 52.222-22, Previous Contract~ and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Qpportunity.

(xi) 52.222-25, Affirmative Actiqn Compliance. This provision applies to solicitations~ other than those for construction, when the solicitation inclu4es the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance witH Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-desjgnated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and C6nstruction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items. '

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvi) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $~5,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at

52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to-- I

(A) Solicitations for research, s~udies, supplies, or services of the type normally acquired from higher educational institutions; and '

(B) For DoD, NASA, and Coa* Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment fqr Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] [ ] (i) 52.219-19, Small Business C(j)ncern Representation for the Small Business Competitiveness

Demonstration Program.

[ ] (ii) 52.219-21, Small Business Size Representation fOr Targeted Industry Categories Under the Small

Business Competitiveness DemonstratioI1 Program.

[ ] (iii) 52.219-22, Small Disadvant~ged Business Status.

[ ] (A) Basic.

[ ] (B) Alternate 1. .

] (iv) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

N00421-1O-R-1030

Page 19 of35

[ ] (v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

[ ] (vi) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services- Certification.

[ ] (vii) 52.223-9, with its Alternatd I, Estimate of Percentage of Recovered Material Content for EPA Designated Products (Alternate I only). '

[ 1 (viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

[ ] Ox) 52.227-6, Royalty Information.

[ ] (A) Basic.

[ ] (B) Alternate I.

[ ] (x) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

" (d) The offeror has completed the ann~al representations and certifications electronically via the Online

Representations and Certifications Applipation (ORCA) website at http://orca.bpn.gov . After reviewing the ORCA database information, the offeror verifie~ by submission of the offer that the representations and certifications currently posted electronically that appl~ to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date].These amended representation(s) andlor certification(s) are also incorporllt~d in t~is offer an~.are curr~!lt, accurate.' and complete as of the date of this offer.

FARe1."'e "fTIiiO : _._-- .ID~~__ ---:1~." J . !'C: .. ., ..".. - '1 .__.:.=:::.::..:I_~ -~~~ _ ____---:...;;;;;;;;[=-=-;; __~.. I " ".. ;1.............. __ u •••w ••

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

52.209-5 CERTIFICATION RtGARDING RESPONSIBILITY MATTERS (DEC 2008)

(a)(l) The Offeror certifies, to the best:of its knowledge and belief, that-

(i) The Offeror andlor any of its ptincipals -

(A) Are [ ] are not [ ] presentlY debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal ag~ncy;

(B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for conuhission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a pu~lic (Federal, state, or local) contract or subcontract, violation of Federal or state antitrust statutes relating to the sub~ission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, m~king false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and . !

(C) Are [ ] are not [ ] present~y indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the off4nses enumerated in paragraph (a)(l)(i)(B) of this provision, and

(D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(I) Federal/taxes are consider~d delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined 'if it has been assessed.

A liability is not finally determined if thete is a pending administrative or judicial challenge. In the case of a judicial challenge to the lia~ility, the liabilit~ is n?t finall~ deter:nined until all judicial appeal ~ights ha.ve been exhausted.

(n) The taxpayer IS del_nquent m makmg payment. A taxpayer is dehnquem If the taxpayer has failed to pay the tax liability when full pa~ment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. !

(2) Examples. (i) The taxpayet has received a statutory notice of deficiency, underLR.C.Sec. 6212, which entitles the taxpayer to seek Tax Cpurt review ofa proposed tax deficiency. This is nota delinquent tax

Page 20 of35 because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed anotice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under l.R.C. Sec. 6320 entitling .the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filiJ)lg, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearinig, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to :contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has 4ntered into an installment agreement pursuant to LR.C. Sec. 6159. The taxpayer is making timely payments and ~s in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not cU;rrently required to make full payment.

(iv) The taxpayer has ~led for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.c. 362 (the Bankruptcy Code).

(ii) The Offeror has [ ] has not [ ~ ], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a subsidiary, division, or business segment~ and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items', in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing! shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later qetermined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to! the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.215-6 PLACE OF PERFORMANCE (OCT 1997)

(a) The offeror or respondent, in the p~rformance of any contract resulting from this solicit~tion, [ ] intends, [

] does not intend [check applicable block~ to use one or more plants or facilities located at a different address from the address of the offeror or respondent a~ indicated in this proposal or response to request for information.

(b) If the offeror or respondent checks }'intends" in paragraph (a) of this provision, it shall insert in the following spaces the required information:

Place of performance (str~t address, city, Name and address of owner and operator state,county, zip code) , of the plant or facility if other than offeror or respondent

23621052.219..1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY 2004) - ALT I (APR 2002) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 236210.

(2) The small business size standard is $33.5M.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but whiCh proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) Representations. (1) The offeror r~presents as part of its offer that it [ ] is, [ ] is not a small business concern.

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, for general statistical purposes, that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CPR 124.1002.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a women-owned small business concern.

(4) Complete only if the offeror repnesented itself as a small business concern in paragraph (b)(1) of this provision. The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.

(5) Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision. The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran owned small business concern.

(6) [Complete only if the offeror rep~esented itself as a small business concern in paragraph (b)(l) of this provision.] The offeror represents, as part of its offer, that-

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred siIlce it was certified by the Small Business Administration in accordance with 13 CPR part 126; and

(ii) It [ ] is, [ ] is not a joint ~enture that complies with the requirements of 13 CPR part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joitl:t venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: .] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(7) [Complete if offeror represented itself as disadvantaged in paragraph (b)(2) of this provision.] The offeror shall check the category in which its ownership falls:

[__] Black American.

[__] Hispanic American.

[__] Native American (American lndians, Eskimos, Aleuts, or Native Hawaiians).

[__] Asian-Pacific American (per~ons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Can1bodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau)!, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

[__] Subcontinent Asian (Asian-Iridian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

[__] Individual/concern, other tha* one of the preceding.

(c) Definitions. As used in this provisidn- "Service-disabled veteran-owned small! business concern"-

(1) Means a small business concern-4

(i) Not less than 51 percent of whi¢h is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51: percent of the stock of which is owned by one or more service-disabled veterans; and

N00421-1 0-R-1 030

Page 22 of35

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means aveteran, as defined in 38 U.S.c.