RFP N00421-24-R-0001.pdf

CODE

(Hour)

PAGE(S)

until 11:00 AM local time 30 Jan 2023

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G F 40 - 41

42 - 58 X H 59 - 65

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 65

(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 - 6

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

7 - 9

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

12 - 13

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 14 - 19 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 20 - 25 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

26 - 38

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

08 Dec 2022

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N0042124R0001

Section A - Solicitation/Contract Form

SOLICITATION INFORMATION

(1) This acquisition is a small business set-aside 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.

(3) The resulting ID/IQ contract will have a four (4) year, three-hundred sixty-four (364) day ordering period. 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 (CLIN).

(5) The Contractor will be required to have a SECRET Facility clearance. Security clearance requirements are identified in Section J – Attachments (1) Performance Work Statement (PWS) and (2) – DD Form 254. The Contractor will not be permitted access to classified information until a final DD Form 254 is incorporated as an attachment to the contract.

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

Contract Specialist: Brad Dioguardo E-Mail: bradley.dioguardo.civ@us.navy.mil

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

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Lot Capability Stand Up

FFP

See CLIN description in Section C and Attachment 1 PWS, Section 3.3

***$200,000 NTE***

FOB: Destination

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 54 Months Monthly Fixed Rate

FFP

See CLIN description in Section C and Attachment 1 PWS

PSC CD: V121

UNIT UNIT PRICE MAX AMOUNT

0003 135,000 Minutes Propeller A/C

FFP

See CLIN description in Section C and Attachment 1 PWS

UNIT UNIT PRICE MAX AMOUNT

0004 90,000 Minutes Ferry Flight

FFP

See CLIN description in Section C and Attachment 1 PWS, Section 6.3

UNIT UNIT PRICE MAX AMOUNT

0005 8,000 Hours Non-Flying Status

FFP

See CLIN description in Section C and Attachment 1 PWS

UNIT UNIT PRICE MAX AMOUNT

0006 1 Lot Aircraft Modifications

COST

See CLIN description in Section C and Attachment 1 PWS, Section 3.5

***$1,000,000 NTE***

MAX COST

UNIT UNIT PRICE MAX AMOUNT

0007 1 Lot Travel, Materials, ODC

COST

See CLIN description in Section C and Attachment 1 PWS, Section 4.1.5

***$2,000,000 NTE***

MAX COST

UNIT UNIT PRICE MAX AMOUNT

0008 1 Lot Administrative/Technical Data

FFP

See CLIN description in Section C and Attachment 1 PWS

Section C - Descriptions and Specifications

EXTENDED CLIN DESCRIPTIONS

PROPS RECOMPETE CLIN DESCRIPTIONS

CLIN 0001 – CAPABILTY STAND UP: The Contractor shall certify the Contractor’s aircraft to perform Contracted Air Services (CAS) operations in accordance with, Attachment 1, PWS, as well as establish approved Ground and Flight Operations Procedures (GOPs/FOPs), obtain facility clearance, and other requirements as specified in PWS paragraph 3.3, Capability Stand Up. The Contractor shall install Government Furnished Property (GFP) and attend airworthiness data review meetings and the Post Award Conference (PAC) (PWS paragraph 4.2.1.1) In Accordance With (IAW) the PWS. This shall not include aircraft acquisition or aircraft leasing costs. The cost of these services shall be reimbursed up to and not exceeding the Firm Fixed Price (FFP) NTE amount.

CLIN 0002 - MONTHLY FIXED RATE: Price per month for the Contractor’s operation of propeller aircraft services in accordance with the PWS. This Firm Fixed-Price CLIN will not be increased regardless of the number of missions performed. The Contractor shall 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 will not be ordered until after CLIN 0001 Capability Stand Up (PWS paragraph 3.3) is completed.

CLIN 0003 - PROP AIRCRAFT FLIGHT MINUTES:

The Contractor shall operate the aircraft for flight missions and provide for all variable costs associated with flying aircraft IAW the requirements of the PWS, including 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 in Section J Attachment 4. The Contractor shall also conduct maintenance test flights, flights to transport personnel, aircraft or equipment to and from maintenance facilities; or to train aircrew, and obtain passports, visas, entry/exits permits, and all other requirements necessary to perform flight missions IAW the PWS. The Contractor shall participate in Program Management Reviews (PMR) (PWS paragraph 4.2.1.2). The Contractor shall provide services on a per task order basis.

This CLIN will not be ordered until after CLIN 0001 Capability Stand Up (PWS paragraph 3.3) is completed.

CLIN 0004 – FERRY FLIGHT MINUTES: The Contractor shall, when authorized by a TO, ferry aircraft to detachment sites and provide for all variable costs associated with ferrying aircraft IAW the PWS. PWS section 6.4 provides a representative listing of potential detachment sites. This CLIN will not be ordered until after CLIN 0001 Capability Stand Up (PWS paragraph 3.3) is completed. The Contractor shall be reimbursed for travel and per diem for ferry mission from the Contractor’s home base to the deployment sites under CLIN 0007.

CLIN 0005 - NON-FLYING STATUS: The Contractor may only invoice this CLIN when an assigned aircraft is in an operational status pursuant to at least one active TO and with written advance authorization from the SO. CLIN 0005 will be billed on each of the SO-approved dates at 4 hours per flight crew member per day.

This CLIN will not be ordered until after CLIN 0001 Capability Stand Up (PWS paragraph 3.3) is completed.

CLIN 0006 – AIRCRAFT MODIFICATIONS: For use when performing Aircraft Modification services per PWS paragraph 3.5. A cost reimbursable value for these services will be negotiated between the Contractor and Government during development of Advanced Technology Modification TO(s). This CLIN will not be ordered until after CLIN 0001 Capability Stand Up (PWS paragraph 3.3) is completed.

CLIN 0007 – TRAVEL, MATERIAL, OTHER DIRECT COSTS (ODC): For use to capture cost reimbursable travel costs within the Continental United States (CONUS) or Outside the Continental United States (OCONUS) locations identified in the PWS for travel conducted for official purposes under the contract in support of CLINs 0003 and 0004, with the exception of any travel costs incurred for attendance at the PAC or PMRs. 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. Travel will be reimbursed in accordance with the Joint Travel Regulations (JER).

Material costs charged against TOs containing this CLIN must not have been included in the price buildup of any other CLINs. 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 material or shipping costs are those 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 CLIN shall not be used for other charges such as airport use charges; landing fees; and the cost of fuel when Government provided fuel is not available. Any material handling rate percentages / overhead charges 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 the duration of the contract. The Contractor's invoices shall include receipts or other evidence substantiating actual costs incurred for authorized material or shipping.

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

The cost for these services shall be reimbursed at COST, up to and not exceeding the Not to Exceed (NTE) amount. This CLIN will not be ordered until after CLIN 0001 Capability Stand Up (PWS paragraph 3.3) is completed.

CLIN 0008 – ADMINISTRATIVE / TECHNICAL DATA: The Contractor shall provide technical and administrative data in accordance with Contract Data Requirements List (CDRL), Exhibit A. See also PWS paragraph 9.0. This CLIN is not separately priced.

PERFORMANCE

See PWS DOCUMENT Attachment (1) to Section J.

CLAUSES INCORPORATED BY FULL TEXT

CTXT.242-9520 PROCEDURES AND APPROVALS REQUIRED PRIOR TO INCURRING DIRECT

MATERIAL COSTS (APR 2022)

(a) General.

(1) These procedures apply to CLIN 0007.

(2) Any material procured as a direct cost under this contract by the Contractor is subject to the requirements of the Federal Acquisition Regulation (FAR), the Defense Federal Acquisition Regulation Supplement (DFARS), the Navy Marine Corps Acquisition Regulation Supplement (NMCARS), and any other Department of Defense or Department of the Navy policies and procedures.

(3) Performance of this contract may require the contractor to procure material. If material incidental to performance of this service contract is required and will be a direct cost consistent with the contractor’s disclosure statement, the Contractor shall follow the procedures outlined herein before making a purchase. No material item with a unit cost greater than the Simplified Acquisition Threshold (SAT) (FAR 2.101) may be procured under this contract. No single procurement with a total value, i.e., the total sum of all items, greater than the Truthful Cost or Pricing Data Act threshold (FAR 15.403-4(a)(1)) may be procured under this contract. Procurements shall not be split to circumvent these thresholds or the approval thresholds set forth in paragraph (b) below. Procurement of material that is not incidental to and necessary for contract performance, or approved in accordance with these procedures, may be determined to be an unallowable cost pursuant to FAR Part 31 and DFARS Part 231.

(b) Procedures. All material procurements to be directly charged to CLIN 0007 of this contract are subject to the following review and/or approval procedures:

(1) Approval Authorities.

Notification Only (No Approval Required)

Contracting Officer Representative (COR)

Approval COR and Contracting Officer

Approval Items listed in para. (c), excluding sole source procurements and software licenses, with a total cost of less than or equal to the micro-purchase threshold (FAR 2.101)

Items listed in para. (c), excluding sole source procurements and software licenses, with a total cost greater than the micro-purchase threshold (FAR 2.101) but less than or equal to the SAT (FAR 2.101)

Items listed in para. (c) with a total cost greater than the SAT (FAR 2.101)

Items listed in para. (c) procured on a sole source basis (regardless of dollar value) Software licenses (regardless of dollar value)

Any item not listed in para. (c) (regardless of dollar value)

(2) Contractor Requests and Notifications. For all material procurements subject to these procedures, the Contractor shall submit a material procurement request (or notification, for procurements that do not require approval) that includes the following: 1) a list of the material items to be procured, 2) an explanation of the need for the material, 3) a listing of quotes received, 4) the reason for the selected source, and 5) the determination of price reasonableness. If the procurement is sole source to a particular supplier, the request shall also include the rationale for limiting the procurement to that supplier. When approval is required per paragraph (b)(1), the Contractor shall not proceed with the procurement until receiving approval. All requests requiring approval shall be submitted to the COR for disposition. For requests within the COR approval threshold, the COR will provide written approval or disapproval to the Contractor. For requests within the Contracting Officer’s approval threshold, the COR will forward the request with a recommendation of approval or disapproval to the Contracting Officer. The Contracting Officer will provide written approval or disapproval to the COR and the Contractor. When approval is not required, the Contractor shall provide an email notification to the COR containing the required content prior to procuring the material.

(3) Urgent Requirements. For direct material procurements that require COR approval only, urgent requests may be verbally requested and verbally approved. A request is considered urgent when it is necessary for the Contractor to procure material to immediately respond to a requirement. If the COR concurs with the urgent nature of the request, verbal approval of the request will be provided to the Contractor. All urgent requests verbally approved by the COR shall be followed up with a Contractor email request to the COR within one business day of the verbal approval, containing the minimum content set forth in paragraph (b)(2) above and referencing the date of the verbal approval by the COR. The COR shall thereafter respond via email to provide written confirmation of the verbal approval.

(c) List of Applicable Materials (with prior written authorization of the COR):

- Supplies, parts, equipment and hardware necessary for the installation of Government Furnished Property (GFP) any such items necessary to fit and interface the GFP to the Contractor’s aircraft(s)

- Supplies, parts, equipment and hardware necessary for the repair of GFP

- Shipping of GFP

Section D - Packaging and Marking

5252.247-9507 PACKAGING AND MARKING OF REPORTS (NAVAIR)(OCT 2021)

(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, 32 CFR Part 117.

(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 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 N/A N/A N/A Government

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-5 Inspection Of Services Cost-Reimbursement APR 1984

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

(a) Inspection and acceptance of the supplies or services to be furnished hereunder shall be performed by the COR. Each order will include DFARS Clause 252.232-7006 Wide Area Workflow Payment Instructions.

(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.

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

0008 N/A N/A N/A N/A

52.242-15 Stop-Work Order AUG 1989 52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991 252.247-7023 Transportation of Supplies by Sea FEB 2019

5252.211-9507 PERIOD OF PERFORMANCE (NAVAIR) (MAR 1999)

(a) The contract shall commence on 28 June 2023 and shall continue for a period of four (4) years , three-hundred and sixty-four (364) days. However, the period of performance may be extended in accordance with the option provisions contained herein.

(b) If FAR Clause 52.216-18, “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.

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

As referred to in paragraph (b) of FAR 52.216-22 " Indefinite Quantity" of this contract, the contract minimum quantity is CLIN 0001; the maximum quantity is the total contract value.

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

Technical Data and Information shall be delivered in accordance with the requirements of the Contract Data Requirements List, DD Form 1423, Exhibit A, attached hereto, and the following:

(a) The contractor shall concurrently deliver technical data and information per DD Form 1423, Blocks 12 and 13 (date of first/subsequent submission) to all activities listed in Block 14 of the DD Form 1423 (distribution and addresses) for each item. Complete addresses for the abbreviations in Block 14 are shown in paragraph (g) below.

Additionally, the technical data shall be delivered to the following cognizant codes, who are listed in Block 6 of the DD Form 1423.

(1) PCO, Code A2526001.

(2) ACO, Code TBD at contract award

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

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

(d) A copy of all other correspondence addressed to the Contracting Officer relating to data item requirements (i.e., status of delivery) shall also be provided to the codes reflected above and the technical activity responsible for the data item per Block 6, if not one of the activities listed above.

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

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

(g) DD Form 1423, Block 14 Mailing Addresses: 21983 Bundy Rd, BLDG 441 Patuxent River, MD 20670

Section G - Contract Administration Data

252.201-7000 Contracting Officer's Representative DEC 1991 252.204-7006 Billing Instructions OCT 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

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.

COMBO - FFP

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

2 in 1

(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 TBD

Issue By DoDAAC N00421

Admin DoDAAC** N00421

Inspect By DoDAAC N00421

Ship To Code N00421

Ship From Code TBD

Mark For Code N00421

Service Approver (DoDAAC) N00421

Service Acceptor (DoDAAC) N00421

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC TBD

Other DoDAAC(s) N/A

(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.

See COR clause 5252.201-9501

(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 TBD at time of 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 the same as the effective period of the contract, identified in Section F.

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.

5252.232-9524 ALLOTMENT OF FUNDS (NAVAIR)(OCT 2005)

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

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

ITEM(S) ALLOTTED TO FIXED FEE

[insert CLIN] $[insert dollar amount]

(c) The amounts presently available and allotted to this contract for payment of cost, subject to the Section I “LIMITATION OF FUNDS” clause, the items covered thereby and the period of performance which it is estimated the allotted amount will cover are as follows:

PERIOD OF

ITEM(S) ALLOTTED TO COST PERFORMANCE

[insert CLIN] $[insert dollar amount] [insert period]

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

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

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

Conditions— Commercial Items

52.216-7, Allowable Cost and Payment

52.232-7, Payments under Time-and- Materials and Labor- Hour Contracts 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

CLAUSE H-1

H.1 Unallowable costs for cost type Other Direct Cost (“ODC”) CLINs

The Contractor did not propose burdens or indirect costs on the ODC CLINs 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 CLINs:

____ CLIN 0007 Travel, Material, ODC

Only allowable direct costs may be charged to the CLINs 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 CLINs.

CLAUSE H-2

H.2 Mishap Costs

The Contractor shall be responsible and liable for any damage, caused by the Contractor, to any Government furnished equipment, aircraft, assets, or property that is directly attributed to the Contractor’s negligence, failure to follow approved procedures, or failure to follow Federal statutes, Federal Aviation Administration regulation, or any required Department of the Navy procedures up to the liability insurance limits identified in clause 5252.228-9501. An official Government investigation or official NTSB investigation shall be the governing documents to determine negligence. If neither investigation is conducted, damages to Contractor property are the responsibility of the Contractor and damages to Government property are the responsibility of 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://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 the COR 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 4. 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 [Insert the period of prohibition] 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 [TBD] 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.