N6134019R1203_ACTS_RFP_N61340-19-R-1203_DRAFT_11Dec18.docx
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- Attached to
- ACTS IDIQ RFP Amendment 0003
- Solicitation number
- N6134019R1203
About this file
This document is a draft request for proposals for an Advanced Computer-based Training System indefinite delivery, indefinite quantity contract. The Naval Air Warfare Center Training Systems Division is seeking proposals to develop and sustain training solutions. The anticipated solicitation number is N6134019R1203, with responses due as specified in the forthcoming RFP. Offerors are provided draft statements of work for the ACTS IDIQ and a sample delivery order for training on the Virginia-class submarine's internal countermeasures launcher. The draft documents outline required products and services but do not constitute a call for submissions. Proposal preparation should only begin after release of the official RFP. The Navy intends to utilize an MRTS 3D system for certain training requirements.
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N6134019R1203
Section B - Supplies or Services and Prices
B1 - B3 NOTE: Ordering instructions are provided in Clause H1- How Delivery Orders are Priced or Costed
B1 FIRM FIXED PRICE LINE ITEMS
The Contractor shall provide CLINs 0001 (Software Products – FFP) on a negotiated FFP basis. Each delivery order for these products shall be proposed by the contractor when requested by the Government, and negotiated with the Government utilizing the contract labor rates set forth in the Resource Allocation Matrix (Exhibit 3) for the labor required to perform the effort. (See guidance at Clause H1)
The Contractor shall provide CLINs 0003 (Contracted Systems Integration – FFP) on a negotiated FFP basis. Each delivery order for these products shall be proposed by the contractor when requested by the Government, and negotiated with the Government utilizing the contract labor rates set forth in the RAM (Exhibit 3), for the labor required to perform the effort. (See guidance at Clasue H1)
The Contractor shall provide CLINs 0005 (Materials/Hardware – FFP) on a negotiated FFP basis. Each delivery order that includes materials shall be proposed by the contractor when requested by the Government, and negotiated with the Government. Prices shall be supported with at least three (3) market research samples or quotes for commercial off the shelf (COTS) items to be supplied as part of submitted proposals.
B2 COST PLUS FIXED FEE LINE ITEMS
The Contractor shall provide CLINs 0002 (Software Products - CPFF) on a negotiated CPFF basis. Each delivery order for these products shall be proposed by the contractor when, after Government determination that the requirement cannot be firm fix-priced, is requested and negotiated with the Government for the labor required to perform the effort. (See guidance at Clasue H1)
The Contractor shall provide CLINs 0004 (Contracted Systems Integration - CPFF) on a negotiated CPFF basis. Each delivery order for these products shall be proposed by the contractor when requested and negotiated with the Government for the labor required to perform the effort. (See guidance at Section H1)
B3 COST LINE ITEMS
The Contractor shall provide CLINs 0006 (Travel - COST) on a negotiated COST basis. Unless otherwise negotiated as part of a firm-fixed-price delivery order, each delivery order utilizing Travel shall be proposed by the contractor when requested by the Government, and negotiated with the Government. Prices shall be supported with at least three (3) relevant market research samples (for non-hotel expenses) and a detailed basis for prices for proposed travel costs. The most current GSA per diem values shall be referenced, as a basis for hotel, meal cost comparison. The contractor shall not propose, nor will the government allow for profit on travel expenses.
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| UNDEFINED |
| Each |
Software Products - FFP
FFP
The contractor shall perform tasks per the ACTS IDIQ SOW section 3.1.1.1. For well defined requirements, the contractor shall design, document, integrate, test, validate, install, and deliver training system products that meet the performance requirements stated in the individual delivery order (DO) Statement of Work (SOW). Software products/capabilities will be delivered as designated per applicable CDRL. The contractor shall produce, update, verify, process or provide documentation, such as those required by a contract data requirements list (CDRL) at the DO level.
FOB: Destination
MAX
NET AMT
PSC Code 6910
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 1 |
| Each |
Software Products - CPFF
CPFF
The contractor shall perform tasks per the ACTS IDIQ SOW section 3.1.1.1. For requirements that the Government determines cannot be firm-fixed priced, the contractor shall design, document, integrate, test, validate, install, and deliver training system products that meet the performance requirements stated in the individual delivery order (DO) Statement of Work (SOW). Software products/capabilities will be delivered as designated per applicable CDRL. The contractor shall produce, update, verify, process or provide documentation, such as those required by a contract data requirements list (CDRL) at the DO level.
MAX COST
FIXED FEE
TOTAL MAX COST + FEE
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
Contracted Systems Integration - FFP
The contractor shall perform contracted systems integration tasks per the ACTS IDIQ SOW section 3.1.1.2 . Tasks include creating and maintaining the MRTS 3D modeling and software development kit (M&SDK), model and software repositories, and testing other contractors' products for adherence to the M&SDK. Issuance of task orders for this function are not anticipated in the initial (base) ordering year of this IDIQ contract.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 1 |
| Each |
Contracted Systems Integration - CPFF
CPFF
The contractor shall perform contracted systems integration tasks per the ACTS IDIQ SOW section 3.1.1.2 . Tasks include creating and maintaining the MRTS 3D modeling and software development kit (M&SDK), model and software repositories, and testing other contractors' products for adherence to the M&SDK. This is for requirements that cannot be firm-fixed priced. Issuance of task orders for this function are not anticipated in the initial (base) ordering year of this IDIQ contract.
MAX COST
FIXED FEE
TOTAL MAX COST + FEE
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
Each
Materials/Hardware
Per IDIQ SOW Section 3.3.6, the contractor shall develop, produce, procure or modify hardware necessary to meet the requirements of the applicable DO SOW. Unless otherwise specified in the SOW (to include its associated attachments), all development shall conform to requirements listed in IDIQ SOW sections 3.1. as applied to the provider role of section 3.1.1.3, the DO SOW and in accordance with the contractor's approved SEMP, SDP, TEMP, CMP, OPSEC and cybersecurity plans.
MAX
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| UNDEFINED |
| Lot |
Travel
COST
The contractor shall complete travel as necessary and/or defined in the associated DO SOW, to successfully complete actions (e.g., data gathering, installation, testing, etc.) for product development and/or delivery. The contractor shall refer to the most current Joint Travel Regulation as a guideline only, for calculation of reimbursable costs.
MAX COST
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
UNDEFINED
Documentation
The contractor shall deliver all applicable reports and other documentation as specified in the ACTS IDIQ SOW Section 3 - Requirements and, as applicable, those indicated in individual delivery order SOWs.
NET AMT
ACTS IDIQ CONTRACT CEILING
The total dollar ceiling for all delivery orders issued under the ACTS ID/IQ contract is $99,000,000.00.
Section C - Descriptions and Specifications
ACTS IDIQ SOW - EXHIBIT 1A
The SOW for the ACTS ID/IQ is provided under separate cover as Exhibit 1a of this contract. In addtion, CDRLs for use as needed and relevant to either the ID/IQ contract and/or individual delivery orders are also provided under separate cover as Section J, Exhibit 1b (provided in .pdf format in a .zip file).
Section D - Packaging and Marking
CLAUSES INCORPORATED BY REFERENCE
| 5252.247-9507 |
| PACKAGING AND MARKING OF REPORTS |
| OCT 2005 |
| 5252.247-9508 |
| PROHIBITED PACKING MATERIALS |
| JUN 1998 |
| 5252.247-9514 |
| TECHNICAL DATA PACKING INSTRUCTIONS |
| FEB 1995 |
CLAUSES INCORPORATED BY FULL TEXT
| 5252.247-9503 | MARKING OF WARRANTED ITEMS (NAVAIR) (OCT 2005) | |
| (a) Each item covered by a warranty shall be stamped or marked in accordance with MIL-STD-129, Marking for Shipment and Storage, and MIL-STD-130, Identification Marking of U.S. Military Property, current at the date of award. Where this is impracticable, written notice shall be attached to or furnished with the warranted item. | ||
| (b) Each item covered by a warranty shall have a written notice attached to or furnished with the warranted item, and marked with the following: | ||
| (1) National stock number or manufacturer's part number. | ||
| (2) Serial number or other item identifier (if the warranty applies to uniquely identified items). | ||
| (3) Contract number. | ||
| (4) Indication that a warranty applies. | ||
| (5) Manufacturer or entity (if other than the contractor) providing the warranty. | ||
| (6) Date or time when the warranty expires. | ||
| (7) Indication of whether or not attempted on-site repair by Government personnel will void the warranty. |
| 5252.247-9509 | PRESERVATION, PACKAGING, PACKING AND MARKING (NAVAIR)(JUL 1998) |
| (a) Preservation, packaging and packing shall conform to prevailing industry standards for the type of commodity purchased under this contract. | |
| (b) All packages will be clearly marked with applicable contract number/delivery order number, and will contain appropriate packing slip. All deliveries will be marked for and/or consigned as follows: specific instructions will be provided at the delivery order level. | |
| (c) In the event of any discrepancy in material shipped (overage, technical rejection, damage), the contractor shall, immediately upon request of the Contracting Officer, furnish disposition instructions. Normally, such disposition instruction shall be a properly completed Commercial Bill of Lading, which includes, but is not limited to, the mode of shipment, routing, special handling, and so forth. | |
| (d) If the contractor is required to install equipment upon delivery, then the contractor shall inform the Government of the date of shipment from the contractor's facilities and the anticipated date of arrival at the site. This report shall be made no later than the actual date that the shipment is made from the contractor’s facilities. The report may be made by facsimile or e-mail, to the point of contact listed in Section G. All transportation, rigging, drayage, packing, unpacking, and handling necessary to accomplish the installation shall be the responsibility of the contractor. |
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Destination |
| Government |
| Destination |
| Government |
| 0002 |
| Destination |
| Government |
| Destination |
| Government |
| 0003 |
| Destination |
| Government |
| Destination |
| Government |
| 0004 |
| Destination |
| Government |
| Destination |
| Government |
| 0005 |
| Destination |
| Government |
| Destination |
| Government |
| 0006 |
| Destination |
| Government |
| Destination |
| Government |
| 0007 |
| N/A |
| N/A |
| N/A |
| N/A |
| 52.246-2 |
| Inspection Of Supplies--Fixed Price |
| AUG 1996 |
| 52.246-3 |
| Inspection Of Supplies Cost-Reimbursement |
| MAY 2001 |
| 52.246-16 |
| Responsibility For Supplies |
| APR 1984 |
| 252.246-7000 |
| Material Inspection And Receiving Report |
| MAR 2008 |
| 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 NAWCTSD - Lead Engineer (ACTS). | |
| (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 [TBD] (applicable NAWCTSD 4330/60 Data Item Transmittal/Acceptance/ Rejection Form for CDRLS identified at the delivery order level). The attached form will not be used for high cost data such as drawings, specifications, and technical manuals. |
| 5252.246-9517 | CONSTRUCTIVE ACCEPTANCE PERIOD (NAVAIR) (MAR 1999) |
| For the purpose of FAR Clause 52.232-25, "Prompt Payment", paragraph (a)(5)(i), Government acceptance shall be deemed to have occurred constructively on the 30th day after the contractor delivered the supplies or performed the services. |
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
| 0001 |
| POP 18-JUN-2019 TO |
17-JUN-2024
| N/A |
| NAWCTSD |
REEMSNYDER, MARK
12211 SCIENCE DRIVE
ORLANDO FL 32826-3224
407-380-4581
N61340
| 0002 |
| POP 18-JUN-2019 TO |
17-JUN-2024
| N/A |
| (SAME AS PREVIOUS LOCATION) |
N61340
| 0003 |
| POP 18-JUN-2019 TO |
17-JUN-2024
| N/A |
| (SAME AS PREVIOUS LOCATION) |
N61340
| 0004 |
| POP 18-JUN-2019 TO |
17-JUN-2024
| N/A |
| (SAME AS PREVIOUS LOCATION) |
N61340
| 0005 |
| POP 18-JUN-2019 TO |
17-JUN-2024
| N/A |
| (SAME AS PREVIOUS LOCATION) |
N61340
| 0006 |
| POP 18-JUN-2019 TO |
17-JUN-2024
| N/A |
| (SAME AS PREVIOUS LOCATION) |
N61340
| 0007 |
| N/A |
| N/A |
| N/A |
| N/A |
| 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) | ||
| (a) The term "f.o.b. destination," as used in this clause, means- | |||
| (1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and | |||
| (2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee. | |||
| (b) The Contractor shall- | |||
| (1)(i) Pack and mark the shipment to comply with contract specifications; or | |||
| (ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements; | |||
| (2) Prepare and distribute commercial bills of lading; | |||
| (3) Deliver the shipment in good order and condition to the point of delivery specified in the contract; | |||
| (4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract; | |||
| (5) Furnish a delivery schedule and designate the mode of delivering carrier; and | |||
| (6) Pay and bear all charges to the specified point of delivery. |
| 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, Exhibits A008 through F003, as applicable, 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 N61340 | |||
| (2) ACO, Code [TBD]. | |||
| (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: As applicable (To be specified at the delivery order level.) | |||
| NAWCTSD PJM | |||
| NAWCTSD Engineer | |||
| NAWCTSD ILSM |
NAWCTSD PCO
| NAWCTSD OPSEC |
| NAWCTSD TMSS |
| NAWCTSD IAM |
| NAWCTSD CSM |
| NAWCTSD IA Eng |
| NAWCTSD SW |
| NAWCTSD DEV SITE |
| NAWCTSD FAC ENG |
| DV SITE ISEO |
Section G - Contract Administration Data
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
| 5252.204-9503 |
| Expediting Contract Closeout |
| JAN 2007 |
| 5252.232-9509 |
| TRAVEL APPROVAL AND REIMBURSEMENT PROCEDURES |
| OCT 2013 |
252.204-7006 BILLING INSTRUCTIONS (OCT 2005)
As prescribed in 204.7109, use the following clause:
| When submitting a request for payment, the Contractor shall-- | |
| (a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and | |
| (b) Separately identify a payment amount for each contract line item included in the payment request. |
| 252.232-7006 | WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) | |
| (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. | ||
| (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by 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.acquisition.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 must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: | ||
| (1) Document type. The Contractor shall use the following document type(s): COMBO | ||
| (Contracting Officer: Insert applicable document type(s). Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.) | ||
| (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer: N68936 | ||
| (Contracting Officer: Insert inspection and acceptance locations or "Not applicable.") | ||
| (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 at DO Level | |||
| Issue By DoDAAC: | N61340 | |||
| Admin DoDAAC: | TBD | |||
| Inspect By DoDAAC: | N61340 | |||
| Ship To Code: | N61340 | |||
| Ship From Code: | N/A | |||
| Mark For Code: | TBD at DO Level | |||
| Service Approver (DoDAAC): | N/A | |||
| Service Acceptor (DoDAAC): | N/A | |||
| Accept at Other DoDAAC: | TBD at DO Level | |||
| LPO DoDAAC: | N/A | |||
| DCAA Auditor DoDAAC: | TBD | |||
| Other DoDAAC(s): | N/A | |||
| (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. | ||||
| (5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system. |
POC: TBD at DO Level ALT POC: TBD at DO Level
| (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: N/A | |
| (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. |
| 5252.232-9501 | SUBMISSION OF INVOICES (FIXED PRICE) (NAVAIR) (OCT 2005) |
| (a) "Invoice" as used in this clause does not include contractor's requests for progress payments. | |
| (b) The contractor shall submit original invoices with N/A copies to the address identified in the solicitation/contract award form (SF 26-Block 10; SF 33-Block 23; SF 1447-Block 14), unless delivery orders are applicable, in which case invoices will be segregated by individual order and submitted to the address specified in the order (DD 1155-Block 13 or SF 26-Block 10). | |
| (c) The use of copies of the Material Inspection and Receiving Report (MIRP), DD Form 250, as an invoice is encouraged. DFARS Appendix F-306 provides instructions for such use. Copies of the MIRP used as an invoice are in addition to the standard distribution stated in DFARS F-401. | |
| (d) In addition to the requirements of the Prompt Payment clause of this contract, the contractor shall cite on each invoice the contract line item number (CLIN); the contract subline item number (SLIN), if applicable; the accounting classification reference number (ACRN) as identified on the financial accounting data sheets, and the payment terms. | |
| (e) The contractor shall prepare: | |
| [__] a separate invoice for each activity designated to receive the supplies or services. | |
| [__] a consolidated invoice covering all shipments delivered under an individual order. | |
| [XX] either of the above. | |
| (f) If acceptance is at origin, the contractor shall submit the MIRP or other acceptance verification directly to the designated payment office. If acceptance is at destination, the consignee will forward acceptance verification to the designated payment office. |
| 5252.232-9504 | SPECIAL PAY INSTRUCTIONS FOR PAYING OFFICE (NAVAIR) (MAY 2006) |
| (a) Invoices submitted for payment, which do not contain contract line item number (CLIN) (or subline item number (SLIN), if any) and the accounting classification references number (ACRN) information, will be returned for correction. | |
| (b) The disbursement of funds will be by the CLIN/SLIN/ACRN designation. | |
| (c) If progress payments are authorized, payments will be made against the unliquidated balance of all applicable CLINs/SLINs. |
| 5252.232-9510 | PAYMENT OF FIXED FEE (NAVAIR) (OCT 2005) |
| (a) The fixed fee, as specified in Section B of this contract, subject to any adjustment required by other provisions of this contract, will be paid in installments. The fixed fee will be paid not more frequently than monthly based on the allowable cost. The amount of each such installment shall be in the same ratio to the total fixed fee as the net direct labor hours expended during the installment period is to direct labor hours specified in the clause entitled "Level of Effort". Payment shall be made in accordance with FAR Clauses 52.216-7, "Allowable Cost and Payment," and 52.216-8, "Fixed Fee." | |
| (b) In the event of termination of the work in accordance with the FAR Clause 52.232-22, "Limitation of Funds," the fixed fee shall be redetermined by mutual agreement equitably to reflect the reduction of the work performed. The amount by which such fixed fee is less than or exceeds payments previously made on account of fee, shall be paid to (or repaid by) the contractor. | |
| (c) The balance of the fixed fee shall be payable in accordance with other clauses of this contract. | |
| (d) For indefinite delivery type contracts the terms of this clause apply to each delivery/task order there under. |
| 5252.242-9511 | CONTRACT ADMINISTRATION DATA (NAVAIR)(NOV 2017) | |
| (a) Contract Administration Office. | ||
| (1) Contract administration functions (see FAR 42.302(a) and DFARS 242.302(a)) are assigned to: See the ADMINISTERED BY Block on the face page of the contract, modification, or order. | ||
| (b) Special Instructions (see FAR 42.202(b) and (c)): | ||
| (1) The following contract administration functions are retained (see FAR 42.302(a) and DFARS 242.302(a)): |
| Functions Retained | |
| Retained for Performance By: |
| (3) Conduct post-award orientation conferences. |
| NAWCTSD |
(4) Review and evaluate contractors’ proposals under Subpart 15.4 and, when negotiation will be accomplished by the contracting officer, furnish comments and recommendations to that officer.
NAWCTSD
(40) Perform engineering surveillance to assess compliance with contractual terms for schedule, cost, and technical performance in the areas of design, development, and production.
NAWCTSD
(41) Evaluate for adequacy and perform surveillance of contractor engineering efforts and management systems that relate to design, development, production, engineering changes, subcontractors, tests, management of engineering resources, reliability and maintainability, data control systems, configuration management, and independent research and development.
NAWCTSD
(42) Review and evaluate for technical adequacy the contractor’s logistics support, maintenance, and modification programs.
NAWCTSD
(44) Perform engineering analyses of contractor cost proposals.
NAWCTSD
(46) Review engineering change proposals for proper classification, and when required, for need, technical adequacy of design, producibility, and impact on quality, reliability, schedule, and cost;
submit comments to the contracting office.
NAWCTSD
| (58) Ensure timely submission of required reports. |
| NAWCTSD |
(59) Issue administrative changes, correcting errors or omissions in typing, contractor address, facility or activity code, remittance address, computations which do not require additional contract funds, and other such changes.
NAWCTSD
(2) The following additional contract administration functions are assigned (see FAR 42.302(b)):
| Additional Functions |
| Retained for Performance By: |
(c) Inquiries regarding payment should be referred to: MyInvoice through the Wide Area Workflow eBusiness Suite: https://wawf.eb.mil.
| G-TXT-PAY | PAYMENT INSTRUCTIONS (FEB 2018) |
| Contract/Order Payment Clause | |
| Type of Payment Request | |
| Supply | |
| Service | |
| Construction | |
| Payment Office |
Allocation Method
52.212-4 (Alt I), Contract Terms and Conditions—Commercial Items 52.216-7, Allowable Cost and Payment 52.232-7, Payments under Time-and-Materials and Labor-Hour Contracts
| Cost Voucher |
| X |
| X |
| N/A |
| Line item specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested. |
| 52.232-1, Payments |
| Navy Shipbuilding Invoice (Fixed Price) |
| X |
| N/A |
| N/A |
| Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year. |
52.232-1, Payments;
52.232-2, Payments under Fixed-Price Research and Development Contracts;
52.232-3, Payments under Personal Services Contracts;
52.232-4, Payments under Transportation Contracts and Transportation-Related Services Contracts; and 52.232-6, Payments under Communication Service Contracts with Common Carriers
| Invoice |
| X |
| X |
| N/A |
| Line Item Specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested. |
| 52.232-5, Payments Under Fixed-Price Construction Contracts |
| Construction Payment Invoice |
| N/A |
| N/A |
| X |
| Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year. |
| 52.232-16, Progress Payments |
| Progress Payment* |
| X |
| X |
| N/A |
| Contract-wide proration. Funds shall be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN. Progress Payments are considered contract level financing, and the “contract price” shall reflect the fixed price portion of the contract per FAR 32.501-3. |
52.232-29, Terms for Financing of Purchases of Commercial Items;
52.232-30, Installment Payments for Commercial Items
| Commercial Item Financing* |
| X |
| X |
| N/A |
| Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2). |
| 52.232-32, Performance-Based Payments |
| Performance-Based Payments* |
| X |
| X |
| N/A |
| Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2). |
| 252.232-7002, Progress Payments for Foreign Military Sales Acquisitions |
| Progress Payment* |
| X |
| X |
| N/A |
| Allocate costs among line items and countries in a manner acceptable to the Administrative Contracting Officer. |
*Liquidation of Financing Payments. Liquidation will be applied by the payment office against those ACRNs which are identified by the payment instructions for the delivery payment and in keeping with the liquidation provision of the applicable contract financing clause (i.e., progress payment, performance-based payment, or commercial item financing).
Section H - Special Contract Requirements
DELIVERY ORDER PROCESS
H1 – How Delivery Orders are Priced or Costed Firm-Fixed-Price CLINs: For firm-fixed-price CLINs, the contractor shall provide a proposal in response to the Government’s request for a proposal. To fulfill the requirement, the contractor’s proposal shall utilize only the labor rates and categories established in the Section J Exhibit 3 Resource Allocation Matrix (RAM), which will be come part of the IDIQ and the Personnel Allocation Matrix. All proposed labor, whether provided by the prime contractor or a subcontractor, shall fall within the labor categories and labor rates established in the Personnel Allocation Matrix (PAM) (Exhibit 6) and Resource Allocation Matrix (RAM) (Exhibit 3). For travel, material, and other direct costs associated with a firm-fixed-price CLIN, only the contractor’s Fixed Factor stated in the Section J Exhibit 3, RAM, shall be applicable to those travel, material, and other direct costs. The Fixed Factor shall include all the appropriate overhead, General & Administrative, and fee applicable to the travel, material and other direct costs.
The government will evaluate the contractor’s delivery order proposal once the government receives it. After the government evaluates the contractor’s proposal, and the government decides to move forward with the effort, the parties will negotiate a firm-fixed-price for the Delivery Order. While the competed labor rates in the Resource Allocation Matrix are not certified cost or pricing data, labor categories and labor hours actually performed under previous delivery orders of this ACTS ID/IQ contract are cost or pricing data and shall be provided to the government when negotiating delivery orders, even if the delivery order being negotiated does not exceed the dollar threshold for the receipt of certified cost or pricing data. Other than Delivery Order 0001, an offeror is entitled to direct charge its delivery order proposal preparation costs if direct charging is in accordance with the contactor’s disclosed accounting practices.
The contractor’s labor categories, descriptions, qualifications, experience, and educational backgrounds set forth in the contractor’s PAM, attached to this contract, are contract requirements. The failure to perform delivery orders with the labor categories, labor category descriptions, qualifications, experience, and educational background set forth in the contractor’s PAM is a failure to comply with a material requirement of the contract.
Cost-Plus-Fixed-Fee CLINs: For cost-plus-fixed-fee (CPFF) CLINs, the contractor shall provide a proposal in response to the Government’s request for a proposal, after Government determination that the requirement cannot be firm fix-priced. The contractor will provide certified cost or pricing data, and the parties will negotiate an estimated cost with a fixed fee amount applicable to the CPFF CLIN. Other than Delivery Order 0001, an offeror is entitled to direct charge its delivery order proposal preparation costs if direct charging is in accordance with the contactor’s disclosed accounting practices.
COST CLINS: For cost (COST) CLINs, the contractor shall provide a proposal in response to the Government’s request for a proposal. The contractor will provide certified cost or pricing data, and the parties will negotiate an estimated cost (e.g. for travel). The contractor shall not propose profit on travel; however, the fixed factor may be applied.
H2 - USE AND DISCLOSURE RIGHTS IN SPECIAL WORKS
(a) This contract contains DFARS clause 252.227-7020, "Rights in Special Works." In accordance with DFARS clause 252.227-7020, all works produced, created, or generated under this contract remain the property of the Government. Pursuant to DFARS sections 227.7106(b) and 227.7205(b), the Government needs to restrict the contractor's rights to use or disclose works produced, created, or generated in the performance of this contract. Accordingly, the contractor shall not use or disclose works produced, created, or generated in the performance of this contract without first obtaining written approval from the contracting officer.
(b) Requests for approval shall identify the specific work to be used or disclosed, the medium to be used, and the purpose for the use or disclosure. The Contractor shall submit its request to the Contracting Officer at least thirty (30) days before the proposed date for use or disclosure.
(c) The Contractor agrees to include a similar requirement in each subcontract under this contract. Subcontractors shall submit requests for authorization to use or disclose works through the prime contractor to the Contracting Officer.
| 252.227-7020 | RIGHTS IN SPECIAL WORKS (JUN 1995) | |
| (a) Applicability. This clause applies to works first created, generated, or produced and required to be delivered under this contract. | ||
| (b) Definitions. As used in this clause: | ||
| (1) "Computer data base" means a collection of data recorded in a form capable of being processed by a computer. The term does not include computer software. | ||
| (2) "Computer program" means a set of instructions, rules, or routines recorded in a form that is capable of causing a computer to perform a specific operation or series of operations. | ||
| (3) "Computer software" means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer data bases or computer software documentation. | ||
| (4) "Computer software documentation" means owner's manuals, user's manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software. | ||
| (5) "Unlimited rights" means the rights to use, modify, reproduce, perform, display, release, or disclose a work in whole or in part, in any manner, and for any purpose whatsoever, and to have or authorize others to do so. | ||
| (6) The term "works" includes computer data bases, computer software, or computer software documentation; literary, musical, choreographic, or dramatic compositions; pantomimes; pictorial, graphic, or sculptural compositions; motion pictures and other audiovisual compositions; sound recordings in any medium; or, items of similar nature. | ||
| (c) License rights. | ||
| (1) The Government shall have unlimited rights in works first produced, created, or generated and required to be delivered under this contract. | ||
| (2) When a work is first produced, created, or generated under this contract, and such work is required to be delivered under this contract, the Contractor shall assign copyright in those works to the Government. The Contractor, unless directed to the contrary by the Contracting Officer, shall place the following notice on such works: "<Copyright> (Year date of delivery) United States Government, as represented by the Secretary of (department). All rights reserved." For phonorecords, the "<Copyright>" markings shall be replaced by a "P". | ||
| (3) The Contractor grants to the Government a royalty-free, world-wide, nonexclusive, irrevocable license to reproduce, prepare derivative works from, distribute, perform, or display, and to have or authorize others to do so, the Contractor's copyrighted works not first produced, created, or generated under this contract that have been incorporated into the works deliverable under this contract. | ||
| (d) Third party copyrighted data. The Contractor shall not incorporate, without the written approval of the Contracting Officer, any copyrighted works in the works to be delivered under this contract unless the Contractor is the copyright owner or has obtained for the Government the license rights necessary to perfect a license of the scope identified in paragraph (c)(3) of this clause and, prior to delivery of such works-- | ||
| (1) Has affixed to the transmittal document a statement of the license rights obtained; or | ||
| (2) For computer software, has provided a statement of the license rights obtained in a form acceptable to the Contracting Officer. | ||
| (e) Indemnification. The Contractor shall indemnify and save and hold harmless the Government, and its officers, agents and employees acting for the Government, against any liability, including costs and expenses, (1) for violation of proprietary rights, copyrights, or rights of privacy or publicity, arising out of the creation, delivery, use, modification, reproduction, release, performance, display, or disclosure of any works furnished under this contract, or (2) based upon any libelous or other unlawful matter contained in such works. | ||
| (f) Government-furnished information. Paragraphs (d) and (e) of this clause are not applicable to information furnished to the Contractor by the Government and incorporated in the works delivered under this contract. |
| 5252.211- 9510 | CONTRACTOR EMPLOYEES (NAVAIR)(MAY 2011) | |
| (a) In all situations where contractor personnel status is not obvious, all contractor personnel are required to identify themselves to avoid creating an impression to the public, agency officials, or Congress that such contractor personnel are Government officials. This can occur during meeting attendance, through written (letter or email) correspondence or verbal discussions (in person or telephonic), when making presentations, or in other situations where their contractor status is not obvious to third parties. This list is not exhaustive. Therefore, the contractor employee(s) shall: | ||
| (1) Not by word or deed give the impression or appearance of being a Government employee; | ||
| (2) Wear appropriate badges visible above the waist that identify them as contractor employees when in Government spaces, at a Government-sponsored event, or an event outside normal work spaces in support of the contract/order; | ||
| (3) Clearly identify themselves as contractor employees in telephone conversations and in all formal and informal written and electronic correspondence. Identification shall include the name of the company for whom they work; | ||
| (4) Identify themselves by name, their company name, if they are a subcontractor the name of the prime contractor their company is supporting, as well as the Government office they are supporting when participating in meetings, conferences, and other interactions in which all parties are not in daily contact with the individual contractor employee; and | ||
| (5) Be able to provide, when asked, the full number of the contract/order under which they are performing, and the name of the Contracting Officer’s Representative. | ||
| (b) If wearing a badge is a risk to safety and/or security, then an alternative means of identification maybe utilized if endorsed by the Contracting Officer’s Representative and approved by the Contracting Officer. | ||
| (c) The Contracting Officer will make final determination of compliance with regulations with regard to proper identification of contractor employees. |
| 5252.216-9512 | PAPERLESS CONTRACTING (NAVAIR)(JUN 2009) |
| (a) Orders and requests for proposals are hereby authorized to be issued by facsimile or by electronic commerce (including e-mail and paperless methods of delivery). Nothing in this contract should be read to prohibit these types of orders. In the event of a conflict with any other provision of this contract, this clause shall govern. | |
| (b) To the extent the terms "written", "mailed", or "physically delivered" appear in other provisions of this contract, these terms are hereby defined to explicitly include electronic commerce, email, or paperless delivery methods. |
| 5252.232-9504 | SPECIAL PAY INSTRUCTIONS FOR PAYING OFFICE (NAVAIR) (MAY 2006) |
| (a) Invoices submitted for payment, which do not contain contract line item number (CLIN) (or subline item number (SLIN), if any) and the accounting classification references number (ACRN) information, will be returned for correction. | |
| (b) The disbursement of funds will be by the CLIN/SLIN/ACRN designation. | |
| (c) If progress payments are authorized, payments will be made against the unliquidated balance of all applicable CLINs/SLINs. |
| 5252.232-9510 | PAYMENT OF FIXED FEE (NAVAIR) (OCT 2005) |
| (a) The fixed fee, as specified in Section B of this contract, subject to any adjustment required by other provisions of this contract, will be paid in installments. The fixed fee will be paid not more frequently than monthly based on the allowable cost. The amount of each such installment shall be in the same ratio to the total fixed fee as the net direct labor hours expended during the installment period is to direct labor hours specified in the clause entitled "Level of Effort." Payment shall be made in accordance with FAR Clauses 52.216-7, "Allowable Cost and Payment," and 52.216-8, "Fixed Fee." | |
| (b) In the event of termination of the work in accordance with the FAR Clause 52.232-22, "Limitation of Funds," the fixed fee shall be redetermined by mutual agreement equitably to reflect the reduction of the work performed. The amount by which such fixed fee is less than or exceeds payments previously made on account of fee, shall be paid to (or repaid by) the contractor. | |
| (c) The balance of the fixed fee shall be payable in accordance with other clauses of this contract. | |
| (d) For indefinite delivery type contracts the terms of this clause apply to each delivery/task order there under. |
| 5252.243-9505 | ENGINEERING CHANGES (NAVAIR)(OCT 2005) | |
| (a) After contract award, the Contracting Officer may solicit, and the contractor is encouraged to propose independently, engineering changes to the equipment, software specifications or other requirements of this contract. These changes may be proposed for reasons of economy, improved performance, or to resolve increased data processing requirements. If the proposed changes are acceptable to both parties, the contractor shall submit a price change proposal to the Government for evaluation. Those proposed engineering changes that are acceptable to the Government will be processed as modifications to the contract. | ||
| (b) This applies only to those proposed changes identified by the contractor, as a proposal submitted pursuant to the provisions of this clause. As a minimum, the following information shall be submitted by the contractor with each proposal: | ||
| (1) A description of the difference between the existing contract requirement and the proposed change, and the comparative advantages and disadvantages of each. | ||
| (2) Itemized requirements of the contract that must be changed if the proposal is adopted, and the proposed revision to the contract for each such change. | ||
| (3) An estimate of the changes in performance costs, if any, that will result from adoption of the proposal. | ||
| (4) An evaluation of the effects the proposed change would have on collateral costs to the Government such as Government-furnished property costs, costs of related items, and costs of maintenance and operation. | ||
| (5) A statement of the time by which the change order adopting the proposal must be issued so as to obtain the maximum benefits of the changes during the remainder of this contract. Also, any effect on the contract completion time or delivery schedule shall be identified. | ||
| (c) Engineering change proposals submitted to the Contracting Officer shall be processed expeditiously. The Government shall not be liable for proposal preparation costs or any delay in acting upon any proposal submitted pursuant to this clause. The contractor has the right to withdraw, in whole or in part, any engineering change proposal not accepted by the Government within the period specified in the engineering change proposal. The decision of the Contracting Officer as to the acceptance of any such proposal under this contract shall be final and shall not be subject to the "Disputes" clause of the contract. | ||
| (d) The Contracting Officer may accept any engineering change proposal submitted pursuant to this clause by giving the contractor written notice thereof. This written notice may be given by issuance of a modification to this contract. Unless and until a modification is executed to incorporate an engineering change proposal under this contract, the contractor shall remain obligated to perform in accordance with the terms of the existing contract. | ||
| (e) If an engineering change proposal pursuant to this clause is accepted and applied to this contract, an equitable adjustment in the contract price and in any other affected provisions of this contract shall be made in accordance with the "Changes" clause. | ||
| (f) The contractor is requested to identify specifically any information contained in its engineering change proposal which it considers confidential and/or proprietary and which it prefers not to be disclosed to the public. The identification of information as confidential and/or proprietary is for information purposes only and shall not be binding on the Government to prevent disclosure of such information. Offerors are advised that such information may be subject to release upon request pursuant to the Freedom of Information Act (5 U.S.C. 552). |
| 5252.246-9503 | SIGNIFICANCE OF SYSTEMS ENGINEERING TECHNICAL REVIEWS REQUIRED UNDER THIS CONTRACT (NAVAIR) (JUL 2009) |
| (a) The effort to be performed under this contract includes a series of systems engineering technical reviews to review the design/development of the system and assess the progress towards meeting the technical and/or performance requirements set forth in this contract. The reviews will provide an independent assessment of the emerging design/development of the system against the contractual requirements and user’s capabilities requirements. | |
| (b) Government express or implied approval of any particular technical approach or deliverable does not alter the Contractor's responsibility to meet the requirements of the contract. The contractor maintains design responsibility for the system at all times. |
Section I - Contract Clauses
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-5 |
| Covenant Against Contingent Fees |
| MAY 2014 |
| 52.203-6 |
| Restrictions On Subcontractor Sales To The Government |
| SEP 2006 |
| 52.203-7 |
| Anti-Kickback Procedures |
| MAY 2014 |
| 52.203-8 |
| Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity |
| MAY 2014 |
| 52.203-10 |
| Price Or Fee Adjustment For Illegal Or Improper Activity |
| MAY 2014 |
| 52.203-12 |
| Limitation On Payments To Influence Certain Federal Transactions |
| OCT 2010 |
| 52.203-16 |
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