N62306-14-R-2S05_SOLICITATION.doc

Section SF 1449 - CONTINUATION SHEET

CUSTOM SOFTWARE AND MAINTENANCE SUPPORT

FFP

IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT (PWS) INCORPORATED HEREIN AND THE ATTACHED DD-254 AND PRICE PROPOSAL FORMAT.

FOB: Destination

PURCHASE REQUEST NUMBER: N620614PR101NV

MAX

NET AMT

CUSTOM SOFTWARE AND MAINTENANCE SUPPORT

IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT (PWS) INCORPORATED HEREIN AND THE ATTACHED DD-254 AND PRICE PROPOSAL FORMAT.

MAX

CUSTOM SOFTWARE AND MAINTENANCE SUPPORT

IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT (PWS) INCORPORATED HEREIN AND THE ATTACHED DD-254 AND PRICE PROPOSAL FORMAT.

MAX

CUSTOM SOFTWARE AND MAINTENANCE SUPPORT

IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT (PWS) INCORPORATED HEREIN AND THE ATTACHED DD-254 AND PRICE PROPOSAL FORMAT.

MAX

CUSTOM SOFTWARE AND MAINTENANCE SUPPORT

IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT (PWS) INCORPORATED HEREIN AND THE ATTACHED DD-254 AND PRICE PROPOSAL FORMAT.

MAX

SOW

PERFORMANCE WORK STATEMENT

Performance Work Statement

Oceanographic Department

Custom Software Services Support for Synoptic Applications and Ocean Sciences Divisions applications

1.

Background

The Naval Oceanographic Office (NAVOCEANO), Synoptic Applications and Ocean Sciences divisions ensure that near real-time oceanographic satellite and in situ data collection, data processing, data product evaluation, and dissemination of products are provided to military and civilian customers and internal NAVOCEANO users. They disseminate near real-time oceanographic remote sensing data products for assimilation into NAVOCEANO ocean nowcast and forecast models that support military exercises and operational activities. The divisions also provide and maintain quality oceanographic databases to support Navy operations, including temperature, salinity, marine optics and ocean currents.

Satellite Data

The Synoptic Applications and Ocean Sciences divisions are responsible for the generation and dissemination of satellite oceanographic products such as multi-channel sea surface temperature (MCSST), sea surface height anomaly, significant wave height, marine wind speed, oceanographic feature analyses (OFA), marine optics data, ocean surface flux, sea surface salinity, and ice concentration.

MCSST data are used as input to oceanographic model runs at NAVOCEANO, FNMOC, and the Naval Research Laboratory. MCSST data are also directly distributed to Fleet customers and posted on the Navy Enterprise Portal – Oceanography (NEP-Oc) web page. MCSST measurements generated by NAVOCEANO are also used in products distributed by Fleet Numerical Meteorology and Oceanography Center (FNMOC) to various Fleet activities and by National Oceanic and Atmospheric Administration (NOAA) - National Environmental Satellite Data and Information Service (NESDIS) to the National Center for Environmental Prediction, Climate Analysis Center, Ocean Products Center, National Weather Service / Weather Service Forecast Offices, fishermen, and marine transport companies.

Altimetry-derived products generated by NAVOCEANO's Altimetry Data Fusion Center (ADFC) are used as input to operational oceanographic model runs at NAVOCEANO and distributed to FNMOC, the National Oceanic and Atmospheric Administration (NOAA) - National Environmental Satellite Data and Information Service (NESDIS) to the National Center for Environmental Prediction, National Hurricane Center, academia, and non-DoD customers. ADFC products are also distributed on the NEP-Oc.

Satellite Marine Optics data are used to support a wide variety of products including horizontal visibility, vertical visibility, laser penetration estimates and chlorophyll. These products support Mine Warfare, Antisubmarine Warfare and Expeditionary Warfare (Special Operations) activities. Ocean chlorophyll data is ingested into fishing prediction models. Other optics satellite data is ingested into optical forecast models.

In addition, the Synoptic Applications division manages the Ocean Feature Analysis (OFA) production process. OFAs are generated in six regional areas several times per week in support of ASW and Maritime operational activities including the international ice patrol.

In Situ Data

The Ocean Sciences Division processes, evaluates, and catalogues temperature, salinity, optics, bioluminescence and currents data from internal NAVOCEANO sources and other agencies. The Division manages the Master Oceanographic observation Data Set (MOODS), the Navy’s environmental point database for temperature and salinity profile data. The Division develops and maintains databases of optics, bioluminescence, sound speed and currents that support ASW, NSW, and MIW product generation. Databases such as Threaded Observations Database are used to catalogue and store optics, bioluminescence, salinity, temperature, and currents data collected from Gliders as well as NAVOCEANO’s survey vessels. Data Quality assurance and validation occurs for the databases. Contractor support is required to support all of these database activities and to maintain the processing software.

2.

Systems

Multiple computer hardware systems are used to support processing, dissemination, and archive capabilities. These systems include HPC Linux clusters and virtual machines, Windows, SUN, and Linux workstations and PCs.

· Ingest processed and raw polar orbiting satellite data received from a variety of national and international sources

· Ingest processed and raw geostationary satellite data from a variety of national and international sources, including the direct downlink of GOES-E and GOES-W data

· Ingest and distribute sea surface salinity and marine ice products

· Produce, store, and distribute MCSST observations from polar and geostationary satellite data

· Ingest, calculate/append error statistics, and distribute SST data received from the Group for High Resolution SST (GHRSST).

· Produce, store, and distribute marine optics characterization products from polar and geostationary satellite data

· Generate oceanographic front and eddy analyses and distribute to customers.

· Produce, store, and distribute ocean surface flux products from polar and geostationary satellite data

· Ingest altimetry geophysical data records from a variety of national and international sources

· Produce, store, and distribute altimetry-derived products and data elements in real-time to internal and external NAVOCEANO customers.

· Quality control all products generated and distributed to customers.

· Process and load optics data into the NAVOCEANO Data Warehouse

· Process and load bioluminescence data into the Threaded Observations Database.

· Process and load glider optics data into the Threaded Observations Database.

· Load quality controlled profiling float data into long term archive databases.

· Quality control ocean currents data from current meters, acoustic Doppler current profile (ADCP) and vessel mounted ADCP instruments.

· Load quality controlled ocean currents data into long term archive databases.

· Generate ocean profile and ocean currents extraction data sets for specific customer requests.

· Generate ocean profile and ocean currents products for specific customer requests.

3.

Scope

This Statement of Work defines the tasks required for the contractor to 1) to provide operational and technical support services for the MCSST, ADFC, OFA, Marine Optics, Bioluminescence, Ocean Surface Flux, Sea Surface Salinity, Ice, MOODS, and ocean currents Applications Software. The contractor will provide operational and technical support services for each of these Applications Software capabilities to improve data coverage, accuracy, and timeliness of the products and to implement procedures to process and analyze new satellite and in situ environmental data sources that can have a critical impact on naval operations; 2) to provide an Ocean Products branch contractor who would work with NRL-SSC on the transition and testing of the JPSS application packet data to SDR processing code including any maintenance and routine updates provide by NRL. In addition the contractor would generate and maintain the standard operating procedures and serve as the main point of contact for the monitoring of the application packet data flow (CRIS/ATMS/VIIRS), the operational processing into SDRs, and the delivery to follow-on applications; 3) to provide support for documenting satellite requirements, data flow from sensor to end product, hardware purchases and data application upgrades to address satellite processing, and to attend interagency technical meetings to gather satellite program details for use in planning purposes. There will be approximately 8 technical meetings per year in the Washington DC area and 2 additional CONUS technical meetings. If this attendance requires travel it will be re-reimbursed by the government.

4.

Tasks

a) The contractor shall complete the following tasks to enhance NAVOCEANO's ability to provide accurate and timely environmental information to support US naval forces:

· The contractor shall provide operational and technical support services for the MCSST, ADFC, OFA, Marine Optics, Ocean Surface Flux, Sea Surface Salinity, Ice, MOODS, and ocean currents Applications Software.

· Implement modifications to existing software to improve coverage, accuracy, and timeliness

· Create software to ingest and process new data formats and new data streams

· Create retrieval and delivery mechanisms for new sources of data and new customers

· Enhance cloud screening, aerosol detection, and water vapor identification for satellite processing

· Load and provide quality for control acquired oceanographic data into various Naval Oceanographic databases

b) The contractor shall assist in the offline and operational testing of new or modified software on the MCSST, ADFC, OFA, Marine Optics, Bioluminescence, Ocean Surface Flux, Sea Surface Salinity, Ice, MOODS, and ocean currents systems as necessary.

c) Attend meetings in person or via telecon with NAVOCEANO Government personnel as needed to discuss specific tasks and review progress, including a minimum of quarterly face to face meetings. If this attendance requires travel it will be reimbursed by the government.

d) Ensure receipt and processing of S-NPP, JPSS, and GCOM-W application packets and delivery of SDR products is operationally maintained.

e) Provide support for determining hardware and software requirements for new satellite processing; developing and maintaining requirements documents, data flow diagrams, satellite readiness plans; attending interagency technical meetings as needed for identifying and gathering details on current and future satellite data and products that would be relevant for Navy use.

5.

Deliverables

a) The contractor shall provide monthly status reports in letter form, describing the following:

· Work accomplished and problems encountered during previous reporting period including how resources were allocated (in hours) and % completion for all open tasks.

· Goals for the next reporting period.

· Cost per fiscal month and cost to date for the project.

b) Source and executable copies of modified software, with makefiles and scripts, to build and properly locate executables in the test and operational run stream of all processes. This will include all resource files, destination tables, and other files necessary for the proper functioning of the software.

c) Source code developed in accordance with the Programming Practices, Standards, and Conventions (PMI/PPS&C). Deliveries must be made in accordance with procedures set forth by the OIS CMB and system administration personnel.

d) Provide updates to appropriate documentation for all new or modified software in accordance with IEEE 12207.2-1997 guidelines.

e) Deliverables specific to each task order will be identified at the task order level.

6.

Specific Technical Requirements

a) The contractor shall have a working knowledge of MCSST, ADFC, OFA, Marine Optics, Bioluminescence, Ocean Surface Flux, Sea Surface Salinity, Ice, MOODS, and ocean currents Applications Software and their operational processing environments and collection and database requirements at NAVOCEANO.

b) Contractor personnel shall have experience in FORTRAN and C programming languages and system scripting. Knowledge of Perl is also an asset.

c) Personnel shall have experience in UNIX, Windows, Local Area Networks (LANs), and Wide Area Networks (WANs).

d) Personnel shall have experience in system and software integration.

7.

Special Requirements

Access to NAVOCEANO systems from outside the Building 1002 and Building 1032 complex is restricted; therefore a majority of the work accomplished under this SOW will be performed at NAVOCEANO. Space will be provided for contractor personnel assigned to this contract. Contractors will have access to the NAVOCEANO hardware workstations as required. At the completion of the contract, all government-furnished information (GFI) and any government-furnished equipment (GFE) will be returned to NAVOCEANO. Specific GFI and GFE will be identified at the task order level.

In order to access Department of Defense (DoD) information systems, non-disclosure agreements may be required of the contractor and the contractor’s employees. The contractor shall provide properly executed non-disclosure agreements to the Contracting Officer prior to the contractor beginning any work on the systems requiring non-disclosure agreements.

8.

Security Requirements

A majority of the work performed under this Statement of Work will be unclassified. A portion of the work will be at the SECRET level, and NATO clearance is required for personnel working on the MOODS applications software. Contractor personnel shall be required to have the appropriate security clearance to perform tasks under this Statement of Work. The contractor shall comply with the security requirements specified in the DD Form 254-E Department of Defense Contract Security Classification Specification. Each task order will specify security requirements via a task order level DD Form 254-E.

QASP

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

Custom Software Maintenance and Services Support for NP32

I. Purpose:

The Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the contract. The QASP explains the following:

● What will be monitored.

● How monitoring will take place.

● Who will conduct the monitoring.

● How monitoring efforts and results will be documented.

This QASP does not detail how the contractor accomplishes work. The contractor, not the government, is responsible for management and quality control actions to meet the terms of the contract. The role of the government is quality assurance to ensure contract standards are achieved.

II. Methods of QA Surveillance:

Government quality assurance personnel will inspect task performance by:

· Observing actual performance;

· Checking an attribute of the completed task;

· Reviewing applicable reports; and

· Inspecting the task results to determine whether or not the performance meets the performance standards.

Surveillance shall be in accordance with Attachment (1), Quality Assurance Surveillance Matrix. In all cases, surveillance shall not be so intrusive as to impact the contractor’s successful accomplishment of the mission.

III. Frequency:

The COR will prepare and submit to the Contracting Officer a quarterly surveillance report. Out of cycle reports may be submitted in support of unacceptable performance identified during the performance period or when there is a significant change in performance that alters the assessment in one or more evaluation areas.

The Contracting Officer Representative (COR) and/or Contracting Officer will provide timely feedback to the contractor on unacceptable performance. Prompt feedback is essential so the contractor can develop and implement a corrective action plan.

IV. Performance Standards:

Quality Level: By monitoring the Contractor, the COR will determine whether the performance levels set forth in the contract have been attained. Quality levels for all tasks are specified below.

(Exceptional). Indicates performance clearly exceeds contractual requirements.

The area of evaluation contains few minor problems for which corrective actions appear highly effective.

(Satisfactory). Indicates performance clearly meets contractual requirements. The area of evaluation contains some minor problems for which the corrective actions appear satisfactory.

(Marginal). Indicates performance meets contractual requirements. The area of evaluation contains a serious problem for which corrective actions have not yet been identified, appear only marginally effective, or have not been fully implemented.

(Unsatisfactory). Indicates the contractor is in danger of not being able to satisfy contractual requirements and recovery is not likely in a timely manner. The area of evaluation contains serious problems for which the corrective actions appear ineffective.

Frequency: During performance of this contract, the COR will conduct inspection and performance of all task order deliverables.

Management Responsiveness: The COR will determine whether the Contractor has managed the contract effectively and efficiently, with successful and timely response to refinement and integration of plans, best business practices, capabilities, requirements, reports, briefings, and request for assistance, etc., as specified in the quality stands set forth in the task order. The COR will confirm whether the Contractor has satisfactorily met all reporting requirements, including subcontracting reports when applicable.

V. Documentation.

Documentation used and referenced to perform surveillance will consist of technical reports, contractor plans and procedures, schedules, customer feedback and contract data requirements. During the course of the contract/task order, the COR retains a copy of all inspection schedules and surveillance activity logs. At the end of the surveillance period, the COR forwards a surveillance report for inclusion in the contract file.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) MATRIX

COLLECTOR-EIPB Toolkit

Measurement (What should the standards for completeness, reliability, accuracy, timeliness, quality and/or cost be?)

Task 1: Maintain current operability of MCSST, ADFC, OFA, Marine Optics, Ocean Surface Flux, Sea Surface Salinity, Ice, MOODS, and ocean currents Applications Software.

Provide bug fixes, software upgrades, database upgrades, and tech support as required by customer base. Implement modifications to existing software to improve coverage, accuracy, and timeliness Create software to ingest and process new data formats and new data streams.

Create retrieval and delivery mechanisms for new sources of data and new customers. Enhance cloud screening, aerosol detection, and water vapor identification for satellite processing

Task 2: The contractor shall assist in the offline and operational testing of new or modified software on the MCSST, ADFC, OFA, Marine Optics, Bioluminescence, Ocean Surface Flux, Sea Surface Salinity, Ice, MOODS, and ocean currents systems as necessary.

Task 4: ) Ensure receipt and processing of S-NPP, JPSS, and GCOM-W application packets and delivery of SDR products is operationally maintained.

Monitoring and troubleshooting the data flows and contacting local and provider sources of any anomalies.

Performing bug-fixes as needed.

Task 6: Provide installation and training.

Satisfactory or Exceptional ratings on past performance. Exercise of contract option(s), provided funds are available.

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$25,000.00

$6,848,430.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$25,000.00

$1,176,942.00

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$25,000.00

$1,177,000.00

$25,000.00

$1,500,000.00

$25,000.00

$1,554,000.00

$25,000.00

$1,436,000.00

$25,000.00

$1,214,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$3,000.00

$1,177,000.00

$3,000.00

$1,500,000.00

$3,000.00

$1,554,000.00

$3,000.00

$1,436,000.00

$3,000.00

$1,214,000.00

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

14-SEP-2015

. MS

N62306

N62306

N62306

N62306

N62306

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.203-16 Preventing Personal Conflicts of Interest (DEC 2011)

(a) Definitions. As used in this clause--

Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is--

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

Non-public information means any Government or third-party information that--

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

Personal conflict of interest means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not ``impair the employee's ability to act impartially and in the best interest of the Government'' is not covered under this definition.)

(1) Among the sources of personal conflicts of interest are--

(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and

(iii) Gifts, including travel.

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from--

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);

(iii) Services provided in exchange for honorariums or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests.

(b) Requirements. The Contractor shall--

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by--

(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:

(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.

(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).

(C) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.

(2) For each covered employee--

(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;

(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.

(3) Inform covered employees of their obligation--

(i) To disclose and prevent personal conflicts of interest;

(ii) Not to use non-public information accessed through performance of a Government contract for personal gain; and

(iii) To avoid even the appearance of personal conflicts of interest;

(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;

(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and

(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation. Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include--

(i) Failure by a covered employee to disclose a personal conflict of interest;

(ii) Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.

(c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for--

(i) Agreement to a plan to mitigate the personal conflict of interest; or

(ii) A waiver of the requirement.

(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.

(3) The Contractor shall--

(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or

(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.

(d) Subcontract flowdown. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts--

(1) That exceed $150,000; and

(2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual).

(End of clause)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of clause)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JUN 2014)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

____ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels (Feb 2006) (46 U.