N0042121R0077_101321.pdf

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PAGE(S)

until 11:00 AM local time 03 Dec 2021

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A X B X C X D

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G F 35 - 36

37 - 59 X H 60 - 66

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 66

(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 0 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

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

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 5

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

6 - 11

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

13 - 14

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 16 - 21 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 22 - 26 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 - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

27 - 33

PART II - CONTRACT CLAUSES

NAWCAD PROCUREMENT GROUP

21983 BUNDY ROAD, 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

13 Oct 2021

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N0042121R0077

Section A - Solicitation/Contract Form

GENERAL INFORMATION

1) This acquisition is a full and open competition that will result in placement of a Single Award Indefinite Delivery/Indefinite Quantity (ID/IQ) Contract.

2) The Product/Service Code (PSC) for this procurement is V121, Transportation /Travel/Relocation- Transportation: Air Charter, Transportation of Things.

3) The resulting ID/IQ will have a base ordering period of four (4) years 364 days. No single task order will have a period of performance greater than 4 years 364 days.

4) This contract has Firm-Fixed Price (FFP) and Cost Reimbursable (CR) Contract Line Item Numbers (CLINs).

5) The contractor will be required to have a CONFIDENTIAL Facility clearance. Security clearance requirements are identified in Section C and Section J, Attachment (1) Performance Work Statement (PWS) and Section J, Attachment (2) – (DD254 – For bidding purposes only). The contractor will not be permitted access to classified information until a final DD254 is incorporated as an attachment to the contract.

6) POINTS OF CONTACT for this document are as follows:

Contract Specialist: Lauren Wright E-Mail: lauren.wright@navy.mil

Procuring Contracting Officer: David Silverstone E-Mail: david.silverstone@navy.mil

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Stand Up

FFP

See Section C description

$200,000 NTE

FOB: Destination

NET AMT

0002 60 Months Aircraft Readiness

FFP

See Section C CLIN description regarding QTY

0003 51,000 Minutes Medium Lift Services

FFP

See Section C CLIN descriptions

0004 73,500 Minutes Heavy Lift Services

FFP

0005 1 Lot Travel, Material, and Shipping

COST

See Section C CLIN descriptions

$400,000 NTE

ESTIMATED COST

0006 1 Lot Aircraft Modifications

COST

See Section C CLIN descriptions

$150,000 NTE

0007 Lot Administrative/ Technical Data

Contract Data Requirements List (CDRL), DD Form 1423, Exhibit A in accordance with the Performance Work Statement. Not Separately Priced

Section C - Descriptions and Specifications

CLIN DESCRIPTIONS

CLIN 0001 – Stand Up: This CLIN is for the purpose of certifying the contractor’s aircraft to perform Contracted Air Services (CAS) operations In Accordance With (IAW) the PWS as well as to establish approved Ground and Flight Operations Procedures (GOPs/FOPs), as specified in PWS paragraph 3.3. The contractor shall include costs associated with management, logistical, engineering and administrative efforts required for the installation and removal of GFP, establishing GOPs/FOPs and obtaining Airworthiness certification of their aircraft, a joint effort between the contractor and the Navy. This also includes costs associated with airworthiness data review meetings and the Post Award Conference (PAC) as well any travel costs incurred for these meetings. This shall not include aircraft acquisition, aircraft leasing or aircraft modification costs that are not GFP related.

CLIN 0002 –Aircraft Readiness: Price per month for operating costs for Medium and Heavy Lift Services. CLIN 0002 shall include fixed costs that the contractor will incur regardless of the number of missions performed. The Contractor shall include costs associated with Contractor Furnished Equipment (CFE), 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 (PMR), recurrent training, weather services, depreciation of the aircrafts, leasing etc. The Contractor shall also include all costs to perform calendar driven maintenance during the four-year and 364-day ordering period. The Government will only utilize thisCLIN in conjunction with CLINs 0003 and 0004 and will not issue an order against it until after Stand Up – CLIN 0001 is completed. Therefore, the quantity shall be 60 months less number of months proposed for CLIN 0001 Stand Up.

The following costs shall not be included in the price of this line item:

A. Costs incurred by the contractor which are associated with the variable pricing for specific missions (CLINs 0003 and 0004) e.g. Parts – airframe, avionics, engine consumables, engine restoration costs, landing/parking fees, inspection fees, dynamic components, life time limited parts, tools, passports, visas, shipment or trans-shipment of aircraft, supplies, etc.

B. Costs for flights such as, but not limited to, maintenance test flights, the ferrying/transporting of personnel, aircraft or equipment to and from maintenance facilities, or to train aircrew, are to be included in the variable unit price and are not allowable as a direct (fixed) cost under Aircraft Readiness. Fuel costs shall not be charged to this or any other CLIN as this is “dry” contract where the Government will provide appropriate fuel cards for each of the contractor’s aircraft (PWS 3.5.2).

C. Travel and Per Diem costs associated with deployment costs will be cost reimbursable under the Travel

CLIN 0005 and be reimbursed IAW the Joint Travel Regulation (JTR).

D. Post Award Aircraft Modification costs including but not limited to the installation and removal of additional Government Furnished Property (GFP) that is required by the Fleet or PMRF to support a mission.

CLIN 0003 – Medium Lift Services: The contractor shall include all costs associated with flying aircraft capable of meeting the requirements of the PWS section 3.1.1, including costs that are specific to the mission associated with this CLIN such as the costs per flight minute for Medium Lift Services. The Contractor shall provide services on a per Task Order basis. The Contractor shall include variable costs associated with flying aircraft capable of meeting the requirements of the PWS, and costs that are specific to the mission associated with this CLIN. The Contractor shall include costs for flying the aircraft, landing fees, parking fees, maintaining the aircraft, aircrew support personnel; equipment, tools, materials, spare parts, replacement parts, time change items and all other equipment not specified as GFP of Government furnished mission equipment. The Contractor 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, as well as all costs for passports, visas, entry/exits permits, etc. The Government will not issue an order under this CLIN until after CLIN 0001 Stand Up is completed.

CLIN 0004 – Heavy Lift Services: The contractor shall include all costs associated with flying aircraft capable of meeting the requirements of the PWS section 3.1.2, including costs that are specific to the mission associated with this CLIN such as the costs per flight minute for Heavy Lift Services. The Contractor shall provide services on a per Task Order basis. The Contractor shall include variable costs associated with flying aircraft capable of meeting the requirements of the PWS, and costs that are specific to the mission associated with this CLIN. The Contractor shall include costs for flying the aircraft, landing fees, parking fees, 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 of Government furnished mission equipment. The Contractor shall also include costs for maintenance test flights, flight to ferry/transport personnel, aircraft or equipment to and from maintenance facilities; or to train aircrew, as well as all costs for passports, visas, entry/exits permits, etc. The Government will not issue an order under this CLIN until after CLIN 0001 Stand Up is completed.

CLIN 0005 – Travel, Material and Shipping: For use to capture cost reimbursable travel costs within the Continental United States (CONUS) or Outside the Continental United States (OCONUS) locations identified in Appendix B of the PWS for travel conducted for official purposes under the contract in support of CLIN 0003 Medium Lift Services and CLIN 0004 Heavy Lift Services. The Contractor shall submit travel approval documents to the Contracting Officer’s Representative (COR) in advance of the travel and in accordance with NAVAIR Clause 5252.232-9509. Travel claims (invoice vouchers) shall be submitted to the COR within 15 days of the completion of travel. The Government will not issue an order under this CLIN until after CLIN 0001 Stand Up Capability is completed and TOs are issued with CLIN 0003 Medium Lift and CLIN 0004 Heavy Lift services.

Material included under this line item shall not be included in the material priced under the Aircraft Readiness CLIN 0002 or in the flight minute unit price CLINs 0003 and 0004, and is necessary to perform the services specified in Section J, Attachment (1) PWS.. Expendable material costs for items such as office supplies and tools of the trade shall be absorbed by the contractor in its overhead rate. The only allowable charges for which a handling rate may be included are material and shipping costs incurred by the contractor at the direction of the COR. The Government will reimburse the Contractor for material and shipping costs, authorized by the COR in writing, based on actual payment for material or shipping procured directly for the contract. The material handling rate shall not be applicable to this CLIN for other charges such as airport use charges; landing fees; and the cost of fuel when Government provided fuel is not available. The handling rate percentage shall not include profit or any other markups and upon commencement of the contract, the handling rate percentage shall be considered a final "fixed" rate percentage for all contract periods. The contractor's invoices shall include receipts or other evidence substantiating actual costs incurred for authorized material or shipping. The Government will identify and negotiate any additional material under a separate task order..

Property procured under this line item shall become property of the Government subject to the Government property clause(s) in this contract.

CLIN 0006 – Aircraft Modifications: For use when performing Advanced Technology Modification services, the contractor shall provide advanced technology capabilities for training purposes. These capabilities will include, but are not limited to: installation and removal of additional GFP and mission equipment not previously defined that will enhance launch and recovery efforts provided by Medium and Heavy Lift Services or alternate type, model, series (T/M/S) aircraft. The contractor may be required to perform aircraft modifications such as internal/external modifications, special provisioning, antenna mounting, etc. Final modifications are approved by signed Federal Aviation Administration (FAA) Form 8110-3 and FAA Form 337. The Government will not use this CLIN until after successful demonstration of Full Operational Capability (FOC) providing one (1) aircraft for Medium Lift Services and one (1) aircraft for Heavy Lift Services.

The cost for these services shall be reimbursed at COST, up to and not exceeding the NTE amount. The price for these services shall be negotiated. (Exhibit A, CDRL TBD)

CLIN 0007 – Administrative / Technical Data: The contractor shall provide technical and administrative data IAW Section C (applicable to all CLINs) and Contract Data Requirements List (CDRL), Exhibit A. See also PWS paragraph 8.0. This CLIN is not separately priced.

CLIN 0001 – Stand Up: This CLIN is for the purpose of certifying the contractor’s aircraft to perform Contracted Air Services (CAS) operations In Accordance With (IAW) the PWS as well as to establish approved Ground and Flight Operations Procedures (GOPs/FOPs), as specified in PWS paragraph 3.3. The contractor shall include costs associated with management, logistical, engineering and administrative efforts required for the installation and removal of GFP, establishing GOPs/FOPs and obtaining Airworthiness certification of their aircraft, a joint effort between the contractor and the Navy. This also includes costs associated with airworthiness data review meetings and the Post Award Conference (PAC) as well any travel costs incurred for these meetings. This shall not include aircraft acquisition, aircraft leasing or aircraft modification costs that are not GFP related.

CLIN 0002 –Aircraft Readiness: Price per month for operating costs for Medium and Heavy Lift Services. Shall include fixed costs that the contractor will incur regardless of the number of missions performed. Shall include costs associated with Contractor Furnished Equipment (CFE), 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 (PMR), recurrent training, weather services, depreciation of the aircrafts, leasing etc. Shall also include all costs to perform calendar driven maintenance during the four-year and 364-day ordering period. This CLIN will only be utilized in conjunction with CLIN 0003 and 0004 and will not be ordered until after Stand Up – CLIN 0001 is completed.

The following costs shall not be included in the price of this line item:

E. Costs incurred by the contractor which are associated with the variable pricing for specific missions (CLINs 0003 and 0004) e.g. Parts – airframe, avionics, engine consumables, engine restoration costs, landing/parking fees, inspection fees, dynamic components, life time limited parts, tools, passports, visas, shipment or trans-shipment of aircraft, supplies, etc.

F. Costs for flights such as, but not limited to, maintenance test flights, the ferrying/transporting of personnel, aircraft or equipment to and from maintenance facilities, or to train aircrew, are to be included in the variable unit price and are not allowable as a direct (fixed) cost under Aircraft Readiness. Fuel costs shall not be charged to this or any other CLIN as this is “dry” contract where the Government will provide appropriate fuel cards for each of the contractor’s aircraft (PWS 3.5.2).

G. Travel and Per Diem costs associated with deployment costs will be cost reimbursable under the Travel

CLIN 0005 and be reimbursed IAW the Joint Travel Regulation (JTR).

H. Post Award Aircraft Modification costs including but not limited to the installation and removal of additional Government Furnished Property (GFP) that is required by the Fleet or PMRF to support a mission.

CLIN 0003 – Medium Lift Services: The contractor shall include all costs associated with flying aircraft capable of meeting the requirements of the PWS section 3.1.1, including costs that are specific to the mission associated with this CLIN such as the costs per flight minute for Medium Lift Services. 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 PWS, and costs that are specific to the mission associated with this CLIN. Shall include costs for flying the aircraft, landing fees, parking fees, maintaining the aircraft, aircrew support personnel; equipment, tools, materials, spare parts, replacement parts, time change items and all other equipment not specified as GFP of 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, as well as all costs for passports, visas, entry/exits permits, etc. This CLIN will not be ordered until after CLIN 0001 Stand Up is completed.

CLIN 0004 – Heavy Lift Services: The contractor shall include all costs associated with flying aircraft capable of meeting the requirements of the PWS section 3.1.2, including costs that are specific to the mission associated with this CLIN such as the costs per flight minute for Heavy Lift Services. 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 PWS, and costs that are specific to the mission associated with this CLIN. Shall include costs for flying the aircraft, landing fees, parking fees, 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 of Government furnished mission equipment. It shall also include costs for maintenance test flights, flight to ferry/transport personnel, aircraft or equipment to and from maintenance facilities; or to train aircrew, as well as all costs for passports, visas, entry/exits permits, etc. This CLIN will not be ordered until after CLIN 0001 Stand Up is completed.

CLIN 0005 – Travel, Material and Shipping: For use to capture cost reimbursable travel costs within the Continental United States (CONUS) or Outside the Continental United States (OCONUS) locations identified in Appendix B of the PWS for travel conducted for official purposes under the contract in support of CLIN 0003 Medium Lift Services and CLIN 0004 Heavy Lift Services. Travel shall be approved in advance by the Contracting Officer’s Representative (COR). Travel claims (invoice vouchers) shall be submitted to the Contracting Officer’s Representative (COR) within 15 days of the completion of travel. This CLIN may not be used until after CLIN 0001 Stand Up Capability is completed and TOs are issued with CLIN 0003 Medium Lift and CLIN 0004 Heavy Lift services.

Material included under this line item shall not be included in the material priced under the Aircraft Readiness CLIN 0002 or in the flight minute unit price CLINs 0003 and 0004, and is necessary to perform the services specified in Section J, Attachment (1) PWS.. Expendable material costs for items such as office supplies and tools of the trade shall be absorbed by the contractor in its overhead rate. The only allowable charges for which a handling rate may be included are material and shipping costs incurred by the contractor at the direction of the COR. The contractor shall be reimbursed for material and shipping costs, authorized by the COR in writing, based on actual payment for material or shipping procured directly for the contract. The material handling rate shall not be applicable to this CLIN for other charges such as airport use charges; landing fees; and the cost of fuel when Government provided fuel is not available. The handling rate percentage shall not include profit or any other markups and upon commencement of the contract, the handling rate percentage shall be considered a final "fixed" rate percentage for all contract periods. The contractor's invoices shall include receipts or other evidence substantiating actual costs incurred for authorized material or shipping. Any additional material will be identified under a separate task order and shall be negotiated separately.

Property procured under this line item shall become property of the Government subject to the Government property clause(s) in this contract.

CLIN 0006 – Aircraft Modifications: For use when performing Advanced Technology Modification services, the contractor shall be required to provide advanced technology capabilities for training purposes. These capabilities will include, but are not limited to: installation and removal of additional GFP and mission equipment not previously defined that will enhance launch and recovery efforts provided by Medium and Heavy Lift Services or alternate type, model, series (T/M/S) aircraft. The contractor may be required to perform aircraft modifications such as internal/external modifications, special provisioning, antenna mounting, etc. Final modifications are approved by signed Federal Aviation Administration (FAA) Form 8110-3 and FAA Form 337. This CLIN may not be used until after successful demonstration of Full Operational Capability (FOC) providing one (1) aircraft for Medium Lift Services and one (1) aircraft for Heavy Lift Services.

The cost for these services shall be reimbursed at COST, up to and not exceeding the NTE amount. The price for these services shall be negotiated. (Exhibit A, CDRL TBD)

CLIN 0007 – Administrative / Technical Data: The contractor shall provide technical and administrative data IAW Section C (applicable to all CLINs) and Contract Data Requirements List (CDRL), Exhibit A. See also PWS paragraph 8.0. This CLIN is not separately priced.

PERFORMANCE WORK STATEMENT

The contractor shall perform in accordance with Section J, Attachment (1) Performance Work Statement (PWS).

CLAUSES INCORPORATED BY FULL TEXT

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://www.public.navy.mil/fltfor/nctsnaples/Documents/Forms%20and%20Instructions/form01.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 TPOC 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.

5252.211-9509 INCORPORATION OF THE CONTRACTOR'S TECHNICAL PROPOSAL

(NAVAIR)(OCT 2005)

The Contractor's Technical Proposal Number [Enter technical proposal number], dated [Enter document date], 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-PDNT Protection of Department of Navy Trademarks (DEC 2020)

“The contractor shall not assert any claim, in any jurisdiction, based on trademark or other name or design-based causes of action that are based on rights the contractor believes it has in the term(s) “Helicopter Range Support” (the “Designation(s)”), against the Government or others authorized by the Government to use the Designation(s) (including the word(s), name, symbol, or design) acting within the scope of such authorization (i.e. claims for trademark infringement, dilution, trade dress infringement, unfair competition, false advertising, palming off, passing off, or counterfeiting). Such authorization shall be implied by the award of a Government contract to any party for the manufacture, production, distribution, use, modification, maintenance, sustainment, or packaging of the products and services identified under this contract, and the scope of such implied authorization is defined as the use of the Designation(s) in performance under such contract by the prime contractor and its subcontractors and suppliers at any tier. In all other cases, the scope of the authorization will be defined by the Government in writing.”

C-TXT-SCR SERVICE CONTRACT REPORTING (JAN 2021)

Services Contract Reporting (SCR) requirements apply to this contract. The contractor shall report required SCR data fields using the SCR section of the System for Award Management (SAM) at following web address: https://sam.gov/SAM/.

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://sam.gov/SAM/.”

Section D - Packaging and Marking

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

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government 0007 N/A N/A N/A Government

CLAUSES INCORPORATED BY REFERENCE

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

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

PMA 226

ATTN: TBD at Award FRC East PSC Box 8026 Bldg 298 Cherry Point, NC 28533

(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 Section J, Exhibit A CDRLs. The attached form will not be used for high cost data such as drawings, specifications, and technical manuals.

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, Code N00421

(2) ACO, Code TBD at 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 Section J Exhibit A

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

0006 N/A N/A N/A N/A

0007 N/A N/A N/A N/A

Section G - Contract Administration Data

252.201-7000 Contracting Officer's Representative DEC 1991 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006

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.

(End of clause)

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

(NAVAIR)(SEP 2012)

(a) The Contracting Officer has designated [name, mailing address, code, and telephone number TBD at Award] 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 ________." TBD at Award]

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:

FAR 42.302 (a)(4)(16)(30 I, ii, iii, and iv)(31)(38)(39)(40)(41)(43)(44)(45)(47)(48)(58) and (67)

COR

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

Additional Functions Retained for Performance By:

None N/A

(c) Inquiries regarding payment should be referred to: MyInvoice through the Wide Area Workflow eBusiness Suite: https://wawf.eb.mil.

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 and Conditions— Commercial Items

52.216-7, Allowable Cost and Payment

52.232-7, Payments under Time-and-

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.

Materials and Labor- Hour Contracts

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

CLAUSE H-1

H.1 Unallowable costs for cost type Other Direct Cost (“ODC”) CLIN The Contractor did not propose burdens or indirect costs on the ODC CLIN checked below. Therefore, any burdens or indirect costs, including but not limited to General & Administrative (“G&A”), Fringe, or Overhead, will be unallowable costs under this contract and the task or delivery orders issued under this contract for the checked

CLIN:

____CLIN 0005 Travel, Material, and Shipping

Only allowable direct costs may be charged to the CLIN checked above. A particular burden or indirect cost may only be considered allowable for an ODC CLIN if that ODC CLIN is not checked above and the contractor proposed the burden or indirect cost in their proposal; if the ODC CLIN is checked above or the contractor did not include that particular burden in its proposal, the burden or indirect cost is unallowable.

No fee shall be applied to any ODC CLIN.

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…