Attachment F1 - Draft Task Order_Amend 0003.docx
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- KRACEn Final RFP N00421-20-R-0105
- Solicitation number
- N00421-20-R-0105
About this file
This final request for proposals is for the Kits, Recovery, Augmentation, Components and Engines Multiple Award Contract to provide rapid, flexible, ready, deployable capabilities for manned and unmanned aviation systems. The Naval Air Systems Command is seeking proposals due by January 30, 2020 to establish multiple indefinite-delivery/indefinite-quantity contracts for aircraft maintenance, modification, and logistics support services to be awarded as a total small business set-aside. Offerors must submit any questions by email to the points of contact provided using the attachment format specified in Section L of the solicitation. Responses to questions will be posted as updates to the announcement.
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FOSR#: N00421-20-R-0105 TO-0001
Attachment (F1)
| ORDER FOR SUPPLIES OR SERVICES |
| PAGE 1 OF |
| 1. CONTRACT/PURCH. ORDER/ AGREEMENT NO. |
| 2. DELIVERY ORDER/ CALL NO. |
| 3. DATE OF ORDER/CALL |
(YYYYMMMDD)
| 4. REQ./ PURCH. REQUEST NO. |
| 5. PRIORITY |
| 6. ISSUED BY | CODE |
| N00421 | |
| 7. ADMINISTERED BY (if other than 6) | CODE |
NAVAL AIR WARFARE CENTER AD (PAX) _
21983 BUNDY ROAD, BLDG 441
PATUXENT RIVER, MD 20670-1127
TEL: (301) 757-5299
FAX:
| SEE ITEM 6 |
| 8. DELIVERY FOB |
DESTINATION OTHER
(See Schedule if other)
9. CONTRACTOR CODE
FACILITY
10. DELIVER TO FOB POINT BY (Date)
( YYYYMMMDD)
SEE SCHEDULE
11. MARK IF BUSINESS IS SMALL
SMALL
NAME AND ADDRESS
| 12. DISCOUNT TERMS |
| DISADVANTAGED |
WOMEN-OWNED
13. MAIL INVOICES TO THE ADDRESS IN BLOCK
See Item 15
| 14. SHIP TO | CODE |
| 15. PAYMENT WILL BE MADE BY | CODE |
SEE SCHEDULE
MARK ALL PACKAGES AND
PAPERS WITH
IDENTIFICATIO N
NUMBERS IN
BLO CKS 1 AND 2.
| 16. TYPE |
| DELIVERY/ CALL |
| X |
| This delivery order/call is issued on another Government agency or in accordance with and subject to terms and conditions ofabove numbered contract. |
| OF |
| PURCHASE |
Reference your quote dated Furnish the following on terms specified herein. REF:
ORDER
ACCEPTANCE. THE CONTRACTOR HEREBY ACCEPTS THE OFFER REPRESENTED BY THE NUMBERED PURCHASE ORDER AS IT MAY PREVIOUSLY HAVE BEEN OR IS NOW MODIFIED, SUBJECT TO ALL OF THE TERMS
AND CONDITIONS SET FORTH, AND AGREES TO PERFORM THE SAME.
NAME OF CONTRACTOR SIGNATURE TYPED NAME AND TITLE DATE SIGNED
( YYYYMMMDD)
If this box is marked, supplier must sign Acceptance and return the following number of copies:
17. ACCOUNTING AND APPROPRIATION DATA/ LOCAL USE
| 18. ITEM NO. |
| 19. SCHEDULE OF SUPPLIES/ SERVICES |
| 20. QUANTITY ORDERED/ ACCEPTED* |
21. UNIT
22. UNIT PRICE
23. AMOUNT
SEE SCHEDULE
24. UNITED STATES OF AMERICA
| * If quantity accepted by the Government is same as |
| TEL: |
| 25. TOTAL |
| $7,684,622.91 |
| quantity ordered, indicate by X. If different, enter actual quantity accepted below quantity ordered and encircle. | |
| EMAIL: | |
| BY: | CONTRACTING / ORDERING OFFICER |
| 26. |
DIFFERENCES
| 27a. QUANTITY IN COLUMN 20 HAS BEEN | ||
| INSPECTED | RECEIVED | ACCEPTED, AND CONFORMS TO THE |
CONTRACT EXCEPT AS NOTED
| b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE | c. DATE | d. PRINTED NAME AND TITLE OF AUTHORIZED | |
| ( YYYYMMMDD) | GOVERNMENT REPRESENTATIVE |
| e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE |
| 28. SHIP NO. |
| 29. DO VOUCHER NO. |
| 30. |
INITIALS
| PARTIAL FINAL |
| 32. PAID BY |
| 33. AMOUNT VERIFIED CORRECT FOR |
| f. TELEPHONE NUMBER |
| g. E-MAIL ADDRESS |
| 36. I certify this account is correct and proper for payment. |
| 31. PAYMENT |
COMPLETE PARTIAL FINAL
34. CHECK NUMBER
a. DATE
( YYYYMMMDD)
b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
35. BILL OF LADING NO.
| 37. RECEIVED AT |
| 38. RECEIVED BY |
| 39. DATE RECEIVED |
( YYYYMMMDD)
| 40. TOTAL CONTAINERS |
| 41. S/R ACCOUNT NO. |
| 42. S/R VOUCHER NO. |
DD Form 1155, DEC 2001 PREVIOUS EDITION IS OBSOLETE.
Section A - Solicitation/Contract Form
SECTION A INFORMATION
This task order shall be in accordance with the applicable terms of the basic contract and the information contained herein. If any discrepancies are noted, the task order terms and conditions shall take precedence.
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12 |
| Months |
Aircraft Maintenance Services
FFP
In accordance with Attachment 1, Performance Work Statement FOB: Destination
PSC CD: J015
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| AMOUNT |
| 0002 |
| DATA |
NSP
COST
Not Separately Priced (NSP)
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12 |
| Months |
| Option |
| Aircraft Maintenance Services |
FFP
In accordance with Attachment 1, Performance Work Statement
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| AMOUNT |
Option
DATA
NSP
COST
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12 |
| Months |
| Option |
| Aircraft Maintenance Services |
FFP
In accordance with Attachment 1, Performance Work Statement
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| AMOUNT |
Option
DATA
NSP
COST
Section C - Descriptions and Specifications
SECTION C INFORMATION
C.1 DESCRIPTION OF WORK STATEMENT
Attachment 1, Performance Work Statement (PWS), defines the requirements to be performed under this task order.
CLAUSES INCORPORATED BY FULL TEXT
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 F/A-18 AMS for USMC 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
SECTION D INFORMATION
D.1 PACKAGING AND MARKING
All deliverables shall conform to Exhibit (A), CDRLs A001 – A002.
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 |
| 0101 |
| Destination |
| Government |
| Destination |
| Government |
| 0102 |
| Destination |
| Government |
| Destination |
| Government |
| 0201 |
| Destination |
| Government |
| Destination |
| Government |
| 0202 |
| Destination |
| Government |
| Destination |
| Government |
5252.246-9512 INSPECTION AND ACCEPTANCE (NAVAIR)(OCT 2005)
To be completed at task order award
| (a) Inspection and acceptance of the supplies or services to be furnished hereunder shall be performed by [insert the accepting authority – Service Approver DoDAAC from WAWF Clause 252.232-7006]. |
| (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 Attachment 4, Data Item Transmittal/Acceptance/ Rejection Form. The attached form will not be used for high cost data such as drawings, specifications, and technical manuals.
Section F - Deliveries or Performance
SECTION F INFORMATION
F.1 PLACE OF PERFORMANCE
a) The services to be provided under task order shall be performed at Beaufort, SC.
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
| 0001 |
| POP 13-JUN-2020 TO 12-JUN-2021 |
| N/A |
| N/A |
| 0002 |
| POP 13-JUN-2020 TO 12-JUN-2021 |
| N/A |
| N/A |
| 0101 |
| POP 13-JUN-2021 TO 12-JUN-2022 |
| N/A |
| N/A |
| 0102 |
| POP 13-JUN-2021 TO 12-JUN-2022 |
| N/A |
| N/A |
| 0201 |
| POP 13-JUN-2022 TO 12-JUN-2023 |
| N/A |
| N/A |
| 0202 |
| POP 13-JUN-2022 TO 12-JUN-2023 |
| N/A |
| N/A |
5252.211-9507 PERIOD OF PERFORMANCE (NAVAIR)(SEP 2013)
| (a) The contract shall commence on 13 June 2020 and shall continue through 12 June 2021. However, the period of performance may be extended in accordance with the option provisions contained herein. |
| (b) If DFAR Clause 252.216-7006, "Ordering", is incorporated into this contract, then the period in which the Government can issue orders under the contract will be extended at the exercise of an option, and extended to the end of that option period. |
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, CDRLs A001-A002, 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, Code [insert code]. | |
| (2) ACO, Code [insert code]. | |
| (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, CDRLs A001-A002 |
Section G - Contract Administration Data
SECTION G INFORMATION
G.1 PAYMENT CLAUSE IDENTIFICATION
For this task order, the applicable payment clause is 52.232-1 Payments.
G.2 WAGE DETERMINATION PRICE ADJUSTMENTS
a) The applicable Service Contract Act Wage Determination (2015-5800, dated 23 December 2019) has been incorporated as Attachment 5.
b) For Service Contract Act (SCA) price adjustments paid under FAR 52.222-43, the Government will use the forecasting method to price the SCA Price Adjustment based on the contractor’s SCA price adjustment impact proposal submitted in accordance with contract clause 52.222-43.
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—
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(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.
(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(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.
[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]
(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) |
| ____ |
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”) (**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(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.
(Contracting Officer: Insert applicable information or “Not applicable.”)
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
5252.201-9501 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (COR) (NAVAIR)(SEP 2012) To be completed at task order award
| (a) The Contracting Officer has designated [insert name, mailing address, code, and telephone number] as the authorized Contracting Officer's Representative (COR) to perform the following functions, duties, and/or responsibilities:[Insert functions, duties, and/or responsibilities of the COR]. |
| (b) The effective period of the COR designation is [insert "the period of performance of this contract" OR "from _______ to ________."] |
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: |
| FAR 42.302(a)(3), (22), (30), (31) |
| PCO / COR |
| FAR 42.302(a)(31), (39), (40), (58), (67) |
| COR |
| FAR 42.302(a)(47), (51), (59) |
| PCO |
| (2) The following additional contract administration functions are assigned (see FAR 42.302(b)): |
| Additional Functions |
| Retained for Performance By: |
| n/a |
| n/a |
(c) Inquiries regarding payment should be referred to: MyInvoice through the Wide Area Workflow eBusiness Suite: https://wawf.eb.mil.
| G-TXT-PAY | 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 and Conditions—Commercial Items 52.216-7, Allowable Cost and Payment 52.232-7, Payments under Time-and-Materials and Labor-Hour Contracts
| Cost Voucher |
| X |
| X |
| N/A |
| Line item specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested. |
| 52.232-1, Payments |
| Navy Shipbuilding Invoice (Fixed Price) |
| X |
| N/A |
| N/A |
| Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year. |
52.232-1, Payments;
52.232-2, Payments under Fixed-Price Research and Development Contracts;
52.232-3, Payments under Personal Services Contracts;
52.232-4, Payments under Transportation Contracts and Transportation-Related Services Contracts; and 52.232-6, Payments under Communication Service Contracts with Common Carriers
| Invoice |
| X |
| X |
| N/A |
| Line Item Specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested. |
| 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;
52.232-30, Installment Payments for 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 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
SECTION H INFORMATION
H.1 LIMITATIONS ON SUBCONTRACTING
Limitations on Subcontracting will be monitored and enforced by the PCO and COR/ACOR in accordance with 52.219-14 Limitations on Subcontracting (DEVIATION 2019-O0003) of the basic contract.
H.2 INITIAL DEDUCTION FOR CONTRACTOR NOT PROVIDING PROPOSED STAFFING LEVEL
This task order includes the contractor's proposed workforce (Section J, Attachment 6). The contractor shall maintain and have available at all times its proposed workforce to include proposed staffing level, regardless of leave and sick leave. Each staffing vacancy that remains unfilled after 14 calendar days will have an invoice offset. Calculation of this invoice offset will occur by the staffing vacancy Service Contract Act hourly salary plus overhead amount (percentage proposed multiplied times the salary) multiplied by the number of vacant days in the billing cycle. All other remedies remain available for the Government.
5252.204-9505 SYSTEM AUTHORIZATION ACCESS REQUEST NAVY (SAAR-N) REQUIREMENTS FOR INFORMATION TECHNOLOGY(IT) (NAVAIR)(NOV 2017)
| (a) Contractor personnel assigned to perform work under this contract may require access to Navy Information Technology (IT) resources (e.g., computers, laptops, personal electronic devices/personal digital assistants (PEDs/PDAs), NMCI, RDT&E networks, websites such as MyNAVAIR, and Navy Web servers requiring Common Access Card (CAC) Public Key Infrastructure (PKI)). Contractor personnel (prime, subcontractor, consultants, and temporary employees) requiring access to Navy IT resources (including those personnel who previously signed SAAR DD Form 2875) shall submit a completed System Authorization Access Request Navy (SAAR-N), OPNAV 5239/14 (Jul 2008) form or latest version thereof, and have initiated the requisite background investigation (or provide proof of a current background investigation) prior to accessing any Navy IT resources. The form and instructions for processing the SAAR-N form are available at: https://navalforms.documentservices.dla.mil/formsDir/_OPNAV_5239_14_7631.pdf. Instruction Note: SAAR-N forms are required to be downloaded and then completed. The "E-MAIL SUBMIT" button on the SAAR-N form is not to be used. |
| (b) SAAR-N forms will be submitted to the Government Sponsor or Technical Point of Contact (TPOC) via the contractor's Facility Security Officer (FSO). The designated SAAR-N Government Sponsor or TPCO for contractor employees requiring IT access, [fill-in name] shall be responsible for signing and processing the SAAR-N forms. For those contractors that do not have a FSO, SAAR-N forms shall be submitted directly to the designated SAAR-N Government Sponsor or TPOC. Copies of the approved SAAR-N forms may be obtained through the designated SAAR-N Government Sponsor or TPOC. Requests for access should be routed through the NAVAIR_SAAR.fct@navy.mil mailbox. |
| (c) In order to maintain access to Navy IT resources, the contractor shall ensure completion of initial and annual IA training, monitor expiration of requisite background investigations, and initiate re-investigations as required. If requested, the contractor shall provide to the designated SAAR-N Government Sponsor or TPOC documentation sufficient to prove that it is monitoring/tracking the SAAR-N requirements for its employees who are accessing Navy IT resources. For those contractor personnel not in compliance with the requirements of this clause, access to Navy IT resources will be denied/revoked. |
| (d) The SAAR-N form remains valid throughout contractual performance, inclusive of performance extensions and option exercises where the contract number does not change. Contractor personnel are required to submit a new SAAR-N form only when they begin work on a new or different contract. |
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 Attachment [Insert attachment number]. [Insert either "Task orders issued under the contract" or "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 [Insert the period of prohibition] 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 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 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 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 first-tier subcontractor(s), new contract) and identity of parties involved; | |
| (2) A description of the work to be performed; | |
| (3) The dollar amount; | |
| (4) The period of performance; and | |
| (5) A description of the contractor's internal controls and planned actions, to avoid any potential organizational conflict of interest. |
| 5252.228-9500 | ADDITIONAL DEFINITIONS WITH RESPECT TO “GROUND AND FLIGHT RISK” CLAUSE (NAVAIR) (DEC 1991) |
| For the purpose of complying with the “Ground and Flight Risk” clause, the contractor’s premises shall be deemed to be MCAS Beaufort, located at Beaufort, South Carolina. |
5252.228-9501 LIABILITY INSURANCE (NAVAIR) (MAR 1999)
| The following types of insurance are required in accordance with the clause entitled, FAR 52.228-5, "Insurance--Work on a Government Installation" and shall be maintained in the minimum amounts shown: |
| (a) Comprehensive General Liability: $200,000 per person and $500,000 per accident for bodily injury. |
| (b) Automobile Insurance: $200,000 per person and $500,000 per accident for bodily injury and $500,000 per accident for property damage. |
| (c) Standard Workman's Compensation and Employer's Liability Insurance (or, where maritime employment is involved, Longshoremen's and Harbor Worker's Compensation Insurance) in the minimum amount of $100,000. |
| (d) Aircraft public and passenger liability: $n/a per person and $n/a per occurrence for bodily injury, other than passenger liability; $n/a per occurrence for property damage. Passenger bodily injury liability limits of $n/a per passenger, multiplied by the number of seats or number of passengers, whichever is greater. |
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
| 252.228-7001 |
| Ground And Flight Risk |
| JUN 2010 |
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within two days of task order expiration.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
| (a) The Government may extend the term of this contract by written notice to the Contractor within two days of task order expiration; provided, that the Government gives the Contractor a preliminary written notice of its intent to extend at least five days before the contract expires. The preliminary notice does not commit the Government to an extension. |
| (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. |
| (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 42 months. |
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)
To be completed at task order level
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION
Employee Class Monetary Wage-Fringe Benefits
52.244-2 SUBCONTRACTS (OCT 2010)
| (a) Definitions. As used in this clause-- | |||
| “Approved purchasing system” means a Contractor's purchasing system that has been reviewed and approved in accordance with Part 44 of the Federal Acquisition Regulation (FAR). | |||
| “Consent to subcontract” means the Contracting Officer's written consent for the Contractor to enter into a particular subcontract. | |||
| “Subcontract” means any contract, as defined in FAR Subpart 2.1, entered into by a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders. | |||
| (b) When this clause is included in a fixed-price type contract, consent to subcontract is required only on unpriced contract actions (including unpriced modifications or unpriced delivery orders), and only if required in accordance with paragraph (c) or (d) of this clause. | |||
| (c) If the Contractor does not have an approved purchasing system, consent to subcontract is required for any subcontract that-- | |||
| (1) Is of the cost-reimbursement, time-and-materials, or labor- hour type; or | |||
| (2) Is fixed-price and exceeds-- | |||
| (i) For a contract awarded by the Department of Defense, the Coast Guard, or the National Aeronautics and Space Administration, the greater of the simplified acquisition threshold or 5 percent of the total estimated cost of the contract; or | |||
| (ii) For a contract awarded by a civilian agency other than the Coast Guard and the National Aeronautics and Space Administration, either the simplified acquisition threshold or 5 percent of the total estimated cost of the contract. | |||
| (d) If the Contractor has an approved purchasing system, the Contractor nevertheless shall obtain the Contracting Officer's written consent before placing the following subcontracts: [Enter subcontractor's names, if applicable] | |||
| (e) | |||
| (1) The Contractor shall notify the Contracting Officer reasonably in advance of placing any subcontract or modification thereof for which consent is required under paragraph (b), (c), or (d) of this clause, including the following information: | |||
| (i) A description of the supplies or services to be subcontracted. | |||
| (ii) Identification of the type of subcontract to be used. | |||
| (iii) Identification of the proposed subcontractor. | |||
| (iv) The proposed subcontract price. | |||
| (v) The subcontractor's current, complete, and accurate certified cost or pricing data and Certificate of Current Certified Cost or Pricing Data, if required by other contract provisions. | |||
| (vi) The subcontractor's Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other provisions of this contract. | |||
| (vii) A negotiation memorandum reflecting-- | |||
| (A) The principal elements of the subcontract price negotiations; | |||
| (B) The most significant considerations controlling establishment of initial or revised prices; | |||
| (C) The reason certified cost or pricing data were or were not required; | |||
| (D) The extent, if any, to which the Contractor did not rely on the subcontractor's certified cost or pricing data in determining the price objective and in negotiating the final price; | |||
| (E) The extent to which it was recognized in the negotiation that the subcontractor's certified cost or pricing data were not accurate, complete, or current; the action taken by the Contractor and the subcontractor; and the effect of any such defective data on the total price negotiated; | |||
| (F) The reasons for any significant difference between the Contractor's price objective and the price negotiated; and | |||
| (G) A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered. | |||
| (2) The Contractor is not required to notify the Contracting Officer in advance of entering into any subcontract for which consent is not required under paragraph (b), (c), or (d) of this clause. | |||
| (f) Unless the consent or approval specifically provides otherwise, neither consent by the Contracting Officer to any subcontract nor approval of the Contractor's purchasing system shall constitute a determination-- | |||
| (1) Of the acceptability of any subcontract terms or conditions; | |||
| (2) Of the allowability of any cost under this contract; or | |||
| (3) To relieve the Contractor of any responsibility for performing this contract. | |||
| (g) No subcontract or modification thereof placed under this contract shall provide for payment on a cost-plus-a-percentage-of- cost basis, and any fee payable under cost-reimbursement type subcontracts shall not exceed the fee limitations in FAR 15.404- 4(c)(4)(i). | |||
| (h) The Contractor shall give the Contracting Officer immediate written notice of any action or suit filed and prompt notice of any claim made against the Contractor by any subcontractor or vendor that, in the opinion of the Contractor, may result in litigation related in any way to this contract, with respect to which the Contractor may be entitled to reimbursement from the Government. | |||
| (i) The Government reserves the right to review the Contractor's purchasing system as set forth in FAR Subpart 44.3. | |||
| (j) Paragraphs (c) and (e) of this clause do not apply to the following subcontracts, which were evaluated during negotiations: |
1. TBD at task order award. [List the names of all subcontractors that were evaluated at time of task order award.]
Section J - List of Documents, Exhibits and Other Attachments
SECTION J INFORMATION
J.1 LIST OF ATTACHMENTS
| Attachment 1 | Performance Work Statement, dated 05 Feb 2020 |
| Attachment 2 | DD Form 254 |
| Attachment 3 | Quality Assurance Surveillance Plan (QASP) |
| Attachment 4 | Data Item Transmittal/Acceptance/Rejection Form |
| Attachment 5 | Service Contract Act Wage Determination 2015-5800, dated 23 Dec 2019 |
| Attachment 6 | Contractor Staffing Plan (To be attached at task order award) |
J.2 TASK ORDER EXHIBITS / CONTRACT DATA REQUIREMENTS LIST (CDRL)
Exhibit (A) DD Form 1423, CDRLs A001 – A0023
Section K - Representations, Certifications and Other Statements of Offerors
SECTION K INFORMATION
| K.1 | REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF |
| OFFERORS (Section K to be deleted upon task order award) |
a) Representations, Certifications, and Other Statements of Offerors shall be in accordance with Section K of the basic contract and the information contained herein.
b) The Offeror shall fill out Section K electronically or manually in its entirety and submit in .pdf format.
| 5252.209-9511 | ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION (SERVICES) (NAVAIR)(APR 1989) |
| This solicitation contains an organizational conflicts of interest clause in Section H, which is to appear in the awarded contract. Along with their proposals, offerors must check the appropriate box below: | |
| [ ] | Information concerning a conflict of interest, as identified in NAVAIR 5252.209-9510, is provided. |
| [ ] | No conflict of interest exists. |
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