N0042119R0011.pdf

CODE

(Hour)

PAGE(S)

until local time

X

A

X B

X C X D

EX

X

G

F 49 - 61

62 - 88

X H 89 - 96

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 96

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N00421 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 3

4 - 9

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

10 - 13

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

15 - 16

17 - 19 X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 20 - 26 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 27 - 30 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

31 - 47

PART II - CO NTRACT CLAUSES

NAVAL AIR WARFARE CENTER AD-PAX-

CODE 2.5.1.13

21983 BUNDY RD

BLDG 441

PATUXENT RIVER MD 20670

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

08 Apr 2020

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N0042119R0011

Section A - Solicitation/Contract Form

POINTS OF CONTACT

Contract Specialist: Sheryl Pope

Telephone Number: (301) 757 9714

Email Address: sheryl.pope@navy.mil

Procuring Contracting Officer: David Silverstone

Telephone Number: (301) 757 2528

Email Address: david.silverstone@navy.mil

(1) This acquisition is being issued on a competitive basis utilizing full and open competition and will result in the award of a Single-Award, Indefinite-

Delivery/Indefinite-Quantity (IDIQ) type contract.

(2) The Product/Service Code (PSC) for this procurement is V121:

Transportation/Travel/Relocation – Transportation: Air Charter

(3) The resulting IDIQ contract will have a four-year and 364-day ordering period;

however, Task Orders issued will not have a period of performance that extends past the final day of the contract-ordering period.

(4) The Contractor will be required to have a SECRET Facility clearance. Security clearance requirements are defined in Section J Attachment (5) – Performance-

Based Work Statement (PBWS), and Attachment (1) – DD Form 254.

(5) Stand-up Capability for Type III and Type IV aircraft (CLINs 0001 and 0004) shall be completed within six-months from effective date of task order.

(6) The Contractor's total Firm-Fixed Price (FFP) for CLINs 0002 and 0005 are based upon achieving Full Operational Capability (FOC). The Government will adjust the quantity of CLINs 0002 and 0005 if the Offeror’s proposed schedule for completion of Stand-up (CDRL A007) is less than six months.

Should the Contractor obtain FOC as defined in PBWS Section 3.5 prior to the number of months proposed, CLINs 0002 and 0005 will be adjusted to reflect the actual number of months remaining in the total contract-ordering period.

(7) The Contractor may invoice monthly under CLINs 0001 and 0004 at the monthly rate established (not to exceed 6 months from date of task order award) for the CLINs until the Contractor obtains FOC as defined in PBWS

Section 3.5. If the Contractor meets the requirements for FOC in any month

BEFORE the last month, the remaining full months of standup will become void and not billable under the contract.

(8) The Government reserves the right to incorporate any aspects of an offeror’s proposal into contractually binding language. An example of this includes, but mailto:david.silverstone@navy.mil is not limited to, an offeror’s proposed approach of meeting a technical aircraft performance objective will be incorporated as the threshold requirement in the resulting contract.

(9) Proposals shall be submitted no later than 1400 Eastern Time on 26 May 2020.

Proposals shall be valid for 270 days from proposal due date. (See Section L).

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 6 Months Stand Up Capability - Type III Aircraft

FFP

See CLIN description in Section C

$500,000/Month (NTE)

FOB: Destination

PSC CD: V121

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 54 Months Operating Cost - Type III Aircraft

FFP

See CLIN description in Section C

$2.2M/Month (NTE)

UNIT UNIT PRICE MAX AMOUNT

0003 1,650,000 Minutes Fighter Jet Services - Type III Aircraft

FFP

See CLIN description in Section C

UNIT UNIT PRICE MAX AMOUNT

0004 6 Months Stand Up Capability - Type IV Aircraft

FFP

See CLIN description in Section C

$500,000/Month (NTE)

UNIT UNIT PRICE MAX AMOUNT

0005 54 Months Operating Cost - Type IV Aircraft

FFP

See CLIN description in Section C

$900,000/Month (NTE)

UNIT UNIT PRICE MAX AMOUNT

0006 915,000 Minutes Fighter Jet Services - Type IV Aircraft

FFP

See CLIN description in Section C

UNIT UNIT PRICE MAX AMOUNT

0007 25,000 Days Travel - CONUS Type III & Type IV

FFP

See CLIN description in Section C

Unit is Travel Days per person

UNIT UNIT PRICE MAX AMOUNT

0008 7,500 Days Travel - OCONUS Type III & Type IV

FFP

See CLIN description in Section C

Unit is Travel Days per person

UNIT UNIT PRICE MAX AMOUNT

0009 UNDEFINED Lot Administrative/Technical Data

See CLIN description in Section C

Not Separately Priced (NSP)

UNIT UNIT PRICE MAX AMOUNT

0010 12,500 Hours GFP Installation or Removal

FFP

See CLIN description in Section C

UNIT UNIT PRICE MAX AMOUNT

0011 85,000 Each Transportation of Equipment

FFP

See CLIN description in Section C

Unit is per 100 lbs. rounded up

Section C - Descriptions and Specifications

CLIN DESCRIPTIONS

CLIN 0001: Stand-Up Capability – Type III

Price per month for stand-up costs for Type III Aircraft, limited to costs associated with completion of NAVAIR IFCs and operational validation of required aircraft capabilities in accordance with (IAW) the PBWS (NTE $500,000 per month). This shall not include aircraft acquisition or aircraft modification costs.

CLIN 0002: Operating Cost – Type III Aircraft

Price per month for operating costs for Type III Aircraft (NTE $2.2M per month). Shall include fixed costs that the contractor will incur regardless of the number of missions performed. Shall include costs associated with Contractor furnished facilities, equipment, and tools; full-time aircrew, non-touch support personnel, hull and liability insurance, aircraft modernization, uninsured damage, navigation services, refurbishment, computer-based maintenance programs, Program Management Reviews, recurrent training, and weather services. Shall also include all costs to perform calendar driven maintenance during the four-year and 364-day ordering period. CLIN will only be utilized in conjunction with CLIN 0003 and will not be ordered until after Stand-Up Capability –

Type III (CLIN 0001) is completed.

CLIN 0003: Fighter Jet Services – Type III Aircraft

Price per flight minute for Fighter Jet services utilizing Type III Aircraft. Services shall be provided on a per Task Order basis. Shall include variable costs associated with flying aircraft capable of meeting the requirements of the PBWS, and costs that are specific to the mission associated with this CLIN. Shall include costs for flying the aircraft, landing fees, parking fees, CO2 offset fee, maintaining the aircraft, aircrew support personnel;

equipment, tools, materials, spare parts, replacement parts, time change items and all other equipment not specified as Government furnished property or Government furnished mission equipment. It shall also include costs for maintenance test flights, flights to ferry/transport personnel, aircraft or equipment to and from maintenance facilities; or to train aircrew. CLIN will not be ordered until after Standup Capability is completed. Orders under this CLIN will not exceed 330,000 Flight Minutes (CLIN 0003

Qty/5) per 364-day period after award of the first task order.

CLIN 0004: Stand-Up Capability – Type IV Aircraft

Price per month for stand-up costs for Type IV Aircraft limited to costs associated with completion of NAVIR IFCs and operational validation of required aircraft capabilities in accordance with (IAW) the PBWS (NTE $500,000 per month). This shall not include aircraft acquisition or aircraft modification costs.

CLIN 0005: Operating Cost - Type IV Aircraft

Price per month for operating costs for Type IV Aircraft (NTE $900,000 per month.)

Shall include fixed costs that the contractor will incur regardless of the number of missions performed. Shall include costs associated with Contractor furnished facilities, equipment, and tools; full-time aircrew, non-touch support personnel, hull and liability insurance, aircraft modernization, uninsured damage, navigation services, refurbishment, computer-based maintenance programs, Program Management Reviews, recurrent training, and weather services. It shall also include all costs to perform calendar driven maintenance during the four-year and 364-day ordering period. CLIN will only be utilized in conjunction with CLIN 0006 and will not be ordered until after Stand-Up

Capability – Type IV (CLIN 0004) is completed.

CLIN 0006: Fighter Jet Services – Type IV Aircraft

Price per flight minute for Fighter Jet services utilizing Type IV Aircraft. Services shall be provided on a per Task Order basis. Shall include variable costs associated with flying aircraft capable of meeting the requirements of the PBWS, and costs that are specific to the mission associated with this CLIN. Shall include costs for flying the aircraft, landing fees, parking fees, CO2 offset fee, maintaining the aircraft, aircrew support personnel;

equipment, tools, materials, spare parts, replacement parts, time change items and all other equipment not specified as Government furnished property or Government furnished mission equipment. It shall also include costs for maintenance test flights, flights to ferry/transport personnel, aircraft or equipment to and from maintenance facilities; or to train aircrew. CLIN will not be ordered until after Standup Capability is completed. Orders under this CLIN will not exceed 183,000 Flight Minutes (CLIN 0006

Qty/5) per 364-day period after award of the first task order.

CLIN 0007: Travel - Continental United States – Type III and Type IV Aircraft Price per travel day for travel in the Continental United States (CONUS) for CONUS locations identified in Appendix C of the PBWS in support of Type III (CLIN 0003) and

Type IV (CLIN 0006) Aircraft. Rate per Travel Day inclusive of all transportation, lodging, meals and incidentals, and associated costs to support one person for one day in a CONUS location. A Travel Day is defined as one day of travel per person to support each deployment as defined in the individual task order. Travel shall be approved in advance by the Contracting Officer’s Representative (COR). This CLIN may not be used until after successful demonstration of Full Operational Capability (FOC).

CLIN 0008: Travel - Outside Continental United States – Type III and Type IV

Aircraft Price per travel day for travel costs Outside Continental United States (OCONUS) for the

OCONUS locations identified in Appendix C of the PBWS in support of Type III (CLIN

0003) and Type IV (CLIN 0006) Aircraft. Rate per Travel Day shall include all transportation, lodging, meals and incidentals, and associated costs to support one person for one day in an OCONUS location. A Travel Day is defined as one day of travel per person to support each deployment as defined in the individual task order. Travel shall be approved in advance by the Contracting Officer’s Representative (COR). This CLIN may not be used until after successful demonstration of FOC.

CLIN 0009: Administrative/Technical Data

The Contractor shall provide technical and administrative data in accordance with

Section C and CDRL Exhibit A. This CLIN is Not Separately Priced (NSP).

CLIN 0010: GFP Installation/Removal

Price per hour for installation and removal of Government Furnished Property (GFP) and

Government provided mission equipment; and, cost of modifications to incorporate GFP and Government provided mission equipment not previously defined. This CLIN may not be used until after successful demonstration of Full Operational Capability (FOC).

CLIN 0011: Transportation of Equipment

Price per 100 pounds (rounded up) shipped for transportation of support equipment required for deployed CONUS missions. Services shall be provided on a per Task Order basis. Transportation of Equipment costs (charged per 100 pounds rounded up) shall include planning, scheduling, and shipment of equipment, to include GFP as applicable.

This CLIN may not be used until after successful demonstration of Full Operational

Capability (FOC).

PERFORMANCE

SEE PBWS DOCUMENT Attachment 5 to Section J

CLAUSES INCORPORATED BY FULL TEXT

5252.211-9509 INCORPORATION OF THE CONTRACTOR'S TECHNICAL PROPOSAL

(NAVAIR)(OCT 2005)

The Contractor's Technical Proposal Number [ ], dated [ ], and any amendments/addendums thereof, is incorporated herein by reference, unless otherwise specified, with the same force and effect as if set forth in full text.

Nothing in the Contractor's proposal shall constitute a waiver of any of the provisions of the contract, including the

Statement(s) of Work and Specification. For purposes of FAR Clause 52.215-8, “Order of Precedence”, the

Contractor's technical proposal shall be considered a "Specification" but the Government's Specification shall take precedence over the Contractor's technical proposal.

C-TXT-ECMRA REQUIRED ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING

APPLICATION (ECMRA) INFORMATION (NOV 2017)

The Contractor shall report Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the [Navy] via a secure data collection site. Contracted services, excluded from reporting are based on Product Service Codes

(PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom -

Telecommunications Transmission (D304) and Internet (D322) ONLY.

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

The Contractor is required to completely fill in all required data fields using the following web address "https://www.ecmra.mil."

Reporting inputs will be for the labor executed during the period of performance during each

Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at

"https://www.ecmra.mil."

Section D - Packaging and Marking

DESCRIPTION

CLINs 0001 – 0008, and 0010– Packaging, packing, and marking are not applicable to these items.

CLIN 0009 – The data to be furnished hereunder shall be packaged, packed, and marked

IAW NAVAIR clauses 5252.247-9507, 5252.247-9508, 5252.247-9514 and Exhibit A, as identified in individual Task Orders.

CLIN 0011 – Equipment transported under CLIN 0011 shall be packaged, packed, and marked IAW NAVAIR CLAUSE 5252.247-9508.

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

(a) All unclassified data shall be prepared for shipment in accordance with best commercial practice. Classified reports, data and documentation, if any, shall be prepared for shipment in accordance with the National Industry

Security Program Operating Manual, DoD 5220.22-M.

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

(1) Name and business address of contractor.

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

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

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

(5) Name of sponsoring individual.

(6) Name and address of requiring activity.

5252.247-9508 PROHIBITION AND LIMITATIONS FOR PACKAGING MATERIALS

(NAVAIR) (AUG 2019)

The use of loose fill materials, asbestos, excelsior, newspaper and shredded paper (all types) are prohibited. In addition, all Wood Packaging Materials (WPM) shall be heat treated or chemically treated in accordance with the requirements of the International Standards for Phytosanitary Measures (ISPM) 15:2009, "Regulation of Wood

Packaging Material in International Trade."

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

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

Section E - Inspection and Acceptance

CLINs 0001, 0002, 0004, 0005, 0007, 0008, 0010, and 0011– The services to be furnished hereunder shall be accepted IAW NAVAIR clause 5252.246-9512.

CLINs 0003, and 0006– The services to be furnished hereunder shall be inspected and accepted IAW the Quality Assurance Surveillance Plan (QASP) (Attachment 2) and

NAVAIR clause 5252.246-9512, as identified in the individual task order.

CLIN 0009 – The data to be furnished hereunder shall be inspected and accepted IAW the NAVAIR clause 5252.246-9514 and Exhibit A (CDRLs).

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

0008 Destination Government Destination Government

0009 Destination Government Destination Government

0010 Destination Government Destination Government

0011 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

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

5252.246-9512 INSPECTION AND ACCEPTANCE (NAVAIR)(OCT 2005)

(a) Inspection and acceptance of the supplies or services to be furnished hereunder shall be performed by the

Contracting Officer’s Representative (COR).

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

5252.246-9514 INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND INFORMATION

(NAVAIR)(FEB 1995)

Inspection and acceptance of technical data and information will be performed by the Procuring Contracting Officer

(PCO) or his duly authorized representative. Inspection of technical data and information will be performed by ensuring successful completion of the requirements set forth in the DD Form 1423, Contract Data Requirements List

(CDRL) and incorporation/resolution of Government review comments on the data items. Acceptance will be evidenced by execution of an unconditional DD Form 250, Material Inspection and Receiving Report, as appropriate, and/or upon receipt of a second endorsement acceptance by the PCO on the attachment to this contract entitled Data Item Transmittal/Acceptance/ Rejection Form.pdf Section J Attachment 4 List of Documents, Exhibits, and Attachment – CDRL’s.

The attached form will not be used for high cost data such as drawings, specifications, and technical manuals.

Section F - Deliveries or Performance

ORDERING PERIODS

Note: This IDIQ contract will have a four-year, 364-day ordering period; however, individual TOs issued shall not have a period of performance that extends past the final day of the ordering period of this contract. Period of performance for each order will be established at the task order level.

CLINs 0001 and 0004 – Stand-up Capability (Type III and Type IV): The

Government intends to issue an order for these CLINs following contract award. The

Contractor shall complete the NAVAIR IFC and operational validation of required performance capabilities IAW the PBWS. The Contractor shall provide FOC within six

(6) months from date of delivery order award that utilized CLINs 0001 and/or 0004.

CLINs 0002 and 0005 – Operating Cost (Type III and Type IV): The Government intends to issue all months established in this contract. Task Orders will be issued for the operating costs as funding becomes available. These CLINs may be utilized after successful demonstration of the stand-up capability (CLINs 0001 and 0004). The delivery information detailed in the table below constitutes the ordering period. The period of performance (POP) shall not exceed 54 months (unless the Offeror proposes a stand-up shorter than 6-months) and shall be identified in the individual task orders.

CLINs 0003 and 0006 - Fighter Jet Services (Type III and Type IV): These CLINs may be utilized after successful demonstration of the stand-up capability (CLINs 0001 and 0004). The POP applicable to each task order shall be identified in the individual task orders.

CLINs 0007 and 0008 – Travel (Type III and Type IV): These CLINs may be utilized after successful demonstration of the stand-up capability (CLINs 0001 and 0004). The

POP applicable to each task order shall be identified in the individual task orders.

CLIN 0009 – The technical data shall be delivered in accordance with the applicable

Contract Data Requirements List (CDRL), DD Form 1423 Exhibit A, as identified in the individual task orders.

CLIN 0010 – GFP Installation/Removal: This CLIN may only be utilized after successful demonstration of the specific aircraft type stand-up capability (CLINs 0001 and/or 0004). The POP applicable to each task order shall be identified in the individual

CLIN 0011 – Transportation of Equipment: This CLIN may be utilized after successful demonstration of the specific aircraft type stand-up capability (CLINs 0001 and/or 0004). The POP applicable to each task order shall be identified in the individual

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 03-NOV-2020 TO

01-NOV-2025

N/A N/A

0002 POP 03-NOV-2020 TO

01-MAR-2025

0003 POP 03-NOV-2020 TO

0004 POP 03-NOV-2020 TO

0005 POP 03-NOV-2020 TO

0006 POP 03-NOV-2020 TO

0007 POP 03-NOV-2020 TO

0008 POP 03-NOV-2020 TO

0009 POP 03-NOV-2020 TO

0010 POP 03-NOV-2020 TO

0011 POP 03-NOV-2020 TO

52.242-15 Stop-Work Order AUG 1989

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

5252.216-9506 MINIMUM AND MAXIMUM QUANTITIES (NAVAIR)(MAR 1999)

As referred to in paragraph (b) of FAR 52.216-22 "Indefinite Quantity" of this contract, the contract minimum quantity is Stand-up Capability for Type III and Type IV Aircraft (CLINs 0001 and 0004); the maximum quantity is the total contract value.

5252.247-9505 TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995)

Technical Data and Information shall be delivered in accordance with the requirements of the

Contract Data Requirements List, DD Form 1423, Exhibit 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.

(1) PCO, NAWCAD Procurement Group

(2) ACO, TBD at time of contract award

(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 Mailing Addresses: See Exhibit A.

Section G - Contract Administration Data

252.204-7006 Billing Instructions OCT 2005

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area

WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of

Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-

7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training

Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data

Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items— https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting

Officer.

COMBO for FFP

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the

Contracting Officer.

TO BE IDENTIFIED UNDER EACH INDIVIDUAL TASK ORDER

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC ____

Issue By DoDAAC ____

Admin DoDAAC** ____

Inspect By DoDAAC ____

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

*TO BE COMPLETED AT TIME OF AWARD*

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

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

(NAVAIR)(SEP 2012)

(a) The Contracting Officer has designated Sherry L Kelly, PMA-226, FRC East, PSC Box 8026, Cherry Point, NC 28533, (252) 720-6204, sherry.l.kelly1@navy.mil as the authorized Contracting Officer's Representative (COR) to perform the following functions, duties, and/or responsibilities:

FAR 42.302(a) (3) (4) (8) (30i, ii, iii, iv) (67) and (70)

(b) The effective period of the COR designation is through the ordering period of the contract.

5252.204-9503 EXPEDITING CONTRACT CLOSEOUT (NAVAIR) (JAN 2007)

(a) As part of the negotiated fixed price or total estimated amount of this contract, both the Government and the

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

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

5252.242-9511 CONTRACT ADMINISTRATION DATA (NAVAIR)(NOV 2017)

(a) Contract Administration Office.

(1) Contract administration functions (see FAR 42.302(a) and DFARS 242.302(a)) are assigned to: See the ADMINISTERED BY Block on the face page of the contract, modification, or order.

(b) Special Instructions (see FAR 42.202(b) and (c)):

(1) The following contract administration functions are retained (see FAR 42.302(a) and

DFARS 242.302(a)):

Functions Retained Retained for Performance By:

(3) Conduct post-award orientation conferences.

PCO/COR

(4) Review and evaluate contractors’ proposals under Subpart 15.4

PCO

(8) Issue Notices of Intent to Disallow or not Recognize Costs (see Subpart 42.8)

PCO

(30) Manage Contractor use of government property

COR

(67) Support the program, product, and project offices regarding program reviews, program status, program performance and actual or anticipated program problems

COR

(70) Deobligate excess funds after final price determination

PCO

(2) The following additional contract administration functions are assigned (see FAR 42.302(b)):

Additional Functions Retained for Performance By:

Invoicing via DFAS DCMA

(c) Inquiries regarding payment should be referred to: MyInvoice through the Wide Area

Workflow eBusiness Suite: https://wawf.eb.mil.

G-TXT-PAY

For this contract, the applicable payment clause will be FAR 52.232-1, Payments.

G-TXT-0001 PAYMENT INSTRUCTIONS (APR 2018)

FOR GOVERNMENT USE ONLY

Contract/Order

Payment Clause

Type of

Payment

Request Supply Service Construction

Payment Office

Allocation Method

52.212-4 (Alt I), Contract Terms

Cost

Voucher

X X N/A Line item specific proration. If there is more than one ACRN within a http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/15.htm#P325_56140 and Conditions—

Commercial Items

52.216-7, Allowable Cost and Payment

52.232-7, Payments under

Time-and-

Materials and

Labor-Hour

Contracts 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

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.

Transportation

Contracts and

Transportation-

Related Services

Contracts; and

52.232-6, Payments under

Communication

Service Contracts with Common

Carriers

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 as the amount of funding currently unliquidated for each ACRN. Progress

Payments are considered contract level financing, and the “contract price” shall reflect the fixed price portion of the contract per

FAR 32.501-3.

52.232-29, Terms for Financing of

Purchases of

Commercial Items;

Commercial

Item

Financing*

X X N/A Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged

52.232-30, Installment

Payments for

Commercial Items for each payment approval in accordance with FAR

32.207(b)(2) and

32.1007(b)(2).

52.232-32, Performance-Based

Payments

Performance-

Based

Payments*

X X N/A Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR

32.207(b)(2) and

32.1007(b)(2).

252.232-7002, Progress Payments for Foreign

Military Sales

Acquisitions

Progress

Payment*

X X N/A Allocate costs among line items and countries in a manner acceptable to the

Administrative

Contracting Officer.

*Liquidation of Financing Payments. Liquidation will be applied by the payment office against those ACRNs which are identified by the payment instructions for the delivery payment and in keeping with the liquidation provision of the applicable contract financing clause (i.e., progress payment, performance-based payment, or commercial item financing).

Section H - Special Contract Requirements

5252.209-9510 ORGANIZATIONAL CONFLICTS OF INTEREST (SERVICES) (NAVAIR)(MAR 2007)

(a) Purpose. This clause seeks to ensure that the Contractor (1) does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract, and (2) is not biased because of its current or planned interests (financial, contractual, organizational or otherwise) that relate to the work under this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the Contractor (as defined in paragraph (d)(7)) in the activities covered by this clause.

(1) The restrictions set forth in paragraph (e) apply to supplies, services, and other performance rendered with respect to the suppliers and/or equipment listed in the contract. Task orders issued under the contract will specify to which suppliers and/or equipment subparagraph (f) restrictions apply.

(2) The financial, contractual, organizational and other interests of Contractor personnel performing work under this contract shall be deemed to be the interests of the Contractor for the purposes of determining the existence of an

Organizational Conflict of Interest. Any subcontractor that performs any work relative to this contract shall be subject to this clause. The Contractor agrees to place in each subcontract affected by these provisions the necessary language contained in this clause.

(c) Waiver. Any request for waiver of the provisions of this clause shall be submitted in writing to the Procuring

Contracting Officer. The request for waiver shall set forth all relevant factors including proposed contractual safeguards or job procedures to mitigate conflicting roles that might produce an Organizational Conflict of Interest.

No waiver shall be granted by the Government with respect to prohibitions pursuant to access to proprietary data.

(d) Definitions. For purposes of application of this clause only, the following definitions are applicable:

(1) "System" includes system, major component, subassembly or subsystem, project, or item.

(2) "Nondevelopmental items" as defined in FAR 2.101.

(3) "Systems Engineering" (SE) includes, but is not limited to, the activities in FAR 9.505-1(b).

(4) "Technical direction" (TD) includes, but is not limited to, the activities in FAR 9.505-1(b).

(5) "Advisory and Assistance Services" (AAS) as defined in FAR 2.101.

(6) "Consultant services" as defined in FAR 31.205-33(a).

(7) "Contractor", for the purposes of this clause, means the firm signing this contract, its subsidiaries and affiliates, joint ventures involving the firm, any entity with which the firm may hereafter merge or affiliate, and any other successor or assignee of the firm.

(8) "Affiliates" means officers or employees of the prime Contractor and first tier subcontractors involved in the program and technical decision-making process concerning this contract.

(9) "Interest" means organizational or financial interest.

(10) "Weapons system supplier" means any prime Contractor or first tier subcontractor engaged in, or having a known prospective interest in the development, production or analysis of any of the weapon systems, as well as any major component or subassembly of such system.

(e) Contracting restrictions.

[X] (1) To the extent the Contractor provides systems engineering and/or technical direction for a system or commodity but does not have overall contractual responsibility for the development, the integration, assembly and checkout (IAC) or the production of the system, the Contractor shall not (i) be awarded a contract to supply the system or any of its major components or (ii) be a subcontractor or consultant to a supplier of the system or of its major components. The Contractor agrees that it will not supply to the Department of Defense (either as a prime

Contractor or as a subcontractor) or act as consultant to a supplier of, any system, subsystem, or major component utilized for or in connection with any item or other matter that is (directly or indirectly) the subject of the systems engineering and/or technical direction or other services performed under this contract for a period of Three (3) years after the date of completion of the contract. (FAR 9.505-1(a))

[ X ] (2) To the extent the Contractor prepares and furnishes complete specifications covering nondevelopmental items to be used in a competitive acquisition, the Contractor shall not be allowed to furnish these items either as a prime Contractor or subcontractor. This rule applies to the initial production contract, for such items plus a specified time period or event. The Contractor agrees to prepare complete specifications covering non-developmental items to be used in competitive acquisitions, and the Contractor agrees not to be a supplier to the

Department of Defense, subcontract supplier, or a consultant to a supplier of any system or subsystem for which complete specifications were prepared hereunder. The prohibition relative to being a supplier, a subcontract supplier, or a consultant to a supplier of these systems of their subsystems extends for a period of Three (3) years after the terms of this contract. (FAR 9.505-2(a)(1))

[ X ] (3) To the extent the Contractor prepares or assists in preparing a statement of work to be used in competitively acquiring a system or services or provides material leading directly, predictably and without delay to such a work statement, the Contractor may not supply the system, major components thereof or the services unless the Contractor is the sole source, or a participant in the design or development work, or more than one Contractor has been involved in preparation of the work statement. The Contractor agrees to prepare, support the preparation of or provide material leading directly, predictably and without delay to a work statement to be used in competitive acquisitions, and the Contractor agrees not to be a supplier or consultant to a supplier of any services, systems or subsystems for which the Contractor participated in preparing the work statement. The prohibition relative to being a supplier, a subcontract supplier, or a consultant to a supplier of any services, systems or subsystems extends for a period of [Three (3) Years] after the terms of this contract. (FAR 9.505-2(b)(1))

[ X ] (4) To the extent work to be performed under this contract requires evaluation of offers for products or services, a contract will not be awarded to a Contractor that will evaluate its own offers for products or services, or those of a competitor, without proper safeguards to ensure objectivity to protect the Government's interests.

Contractor agrees to the terms and conditions set forth in the Statement of Work that are established to ensure objectivity to protect the Government's interests. (FAR 9.505-3)

[ X ] (5) To the extent work to be performed under this contract requires access to proprietary data of other companies, the Contractor must enter into agreements with such other companies which set forth procedures deemed adequate by those companies (i) to protect such data from unauthorized use or disclosure so long as it remains proprietary and (ii) to refrain from using the information for any other purpose other than that for which it was furnished. Evidence of such agreement(s) must be made available to the Procuring Contracting Officer upon request. The Contractor shall restrict access to proprietary information to the minimum number of employees necessary for performance of this contract. Further, the Contractor agrees that it will not utilize proprietary data obtained from such other companies in preparing proposals (solicited or unsolicited) to perform additional services or studies for the United States Government. The Contractor agrees to execute agreements with companies furnishing proprietary data in connection with work performed under this contract, obligating the Contractor to protect such data from unauthorized use or disclosure so long as such data remains proprietary, and to furnish copies of such agreement to the Contracting Officer. Contractor further agrees that such proprietary data shall not be used in performing for the Department of Defense additional work in the same field as work performed under this contract if such additional work is procured competitively. (FAR 9.505-4)

[ X ] (6) Preparation of Statements of Work or Specifications. If the Contractor under this contract assists substantially in the preparation of a statement of work or specifications, the Contractor shall be ineligible to perform or participate in any capacity in any contractual effort (solicited or unsolicited) that is based on such statement of work or specifications. The Contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the Contracting Officer, in which case the restrictions in this subparagraph shall not apply. Contractor agrees that it will not supply to the Department of Defense (either as a prime Contractor or as a subcontractor) or act as consultant to a supplier of, any system, subsystem or major component utilized for or in connection with any item or work statement prepared or other services performed or materials delivered under this contract, and is procured on a competitive basis, by the Department of Defense with

[Three (3) Years after completion of work under this contract. The provisions of this clause shall not apply to any system, subsystem, or major component for which the Contractor is the sole source of supply or which it participated in designing or developing. (FAR 9.505-4(b))

[ X ] (7) Advisory and Assistance Services (AAS). If the Contractor provides AAS services as defined in paragraph (d) of this clause, it shall be ineligible thereafter to participate in any capacity in Government contractual efforts (solicited or unsolicited) which stem directly from such work, and the Contractor agrees not to perform similar work for prospective offerors with respect to any such contractual efforts. Furthermore, unless so directed in writing by the Contracting Officer, the Contractor shall not perform any such work under this contract on any of its products or services, or the products or services of another firm for which the Contractor performs similar work.

Nothing in this subparagraph shall preclude the Contractor from competing for follow-on contracts for AAS.

(f) Remedies. In the event the Contractor fails to comply with the provisions of this clause, such noncompliance shall be deemed a material breach of the provisions of this contract. If such noncompliance is the result of conflicting financial interest involving Contractor personnel performing work under this contract, the Government may require the Contractor to remove such personnel from performance of work under this contract. Further, the

Government may elect to exercise its right to terminate for default in the event of such noncompliance. Nothing herein shall prevent the Government from electing any other appropriate remedies afforded by other provisions of this contract, or statute or regulation.

(g) Disclosure of Potential Conflicts of Interest. The Contractor recognizes that during the term of this contract, conditions may change which may give rise to the appearance of a new conflict of interest. In such an event, the

Contractor shall disclose to the Government information concerning the new conflict of interest. The Contractor shall provide, as a minimum, the following information:

(1) A description of the new conflict of interest (e.g., additional weapons systems supplier(s), corporate restructuring, new…