RFP N68335-11-R-0123.doc

Section A - Solicitation/Contract Form

SECTION A

The Government point of contact is:

KAREN SACCO

CODE: 2.5.2.1.1

Phone: (732) 323-2772

Fax: (732) 323-2359

E-mail: karen.sacco@navy.mil Mail Proposals to:

NAWCAD Contracts Dept.

Attn: Karen Sacco, Code: 2.5.2.1.1

HWY 547

Bldg, 562-3

Lakehurst, NJ 08733

In accordance with Section L, sealed offers with original and five (5) copies of the Technical, Experience, and Past Performance Volumes and one (1) copy of the Price Volume for furnishing the supplies or services in the Schedule are due by 02:00 PM Eastern Time on 12 July 2011. Proposals are not to be submitted via facsimile or electronically via e-mail.

1. THE ISSUANCE OF PRODUCTION DELIVERY ORDERS AND RELEASE FOR PRODUCTION ARE SEPARATE EVENTS. BOTH MUST HAVE OCCURRED BEFORE PRODUCTION MAY COMMENCE. IN NO CASE WILL RELEASE FOR PRODUCTION BE GRANTED PRIOR TO SUCCESSFUL COMPLETION OF PILOT PRODUCTION TESTING AND TECHNICAL EVALUATION.

2. PILOT-PRODUCTION UNITS ARE SEPARATE FROM PRODUCTION UNITS AND WILL NOT BE COUNTED AS PRODUCTION UNITS.

3. ALL FOUR PILOT PRODUCTION UNITS (CLIN 0001) SHALL BE DUE 210 DAYS AFTER RECEIPT OF ORDER FOR THE COMMENCEMENT OF CONTRACTOR PILOT-PRODUCTION QUALIFICATION TESTING IN ACCORDANCE WITH THE STATEMENT OF WORK AND PERFORMANCE SPECIFICATION.

4. DELIVERY ORDERS FOR THE PILOT PRODUCTION UNITS AND DATA ITEMS MAY BE ISSUED FROM THE DATE OF AWARD THROUGH GOVERNMENT RELEASE FOR PRODUCTION.

DELIVERY ORDERS FOR PRODUCTION YEAR ONE MAY BE ISSUED FROM GOVERNMENT RELEASE FOR PRODUCTION THROUGH 365 DAYS AFTER GOVERNMENT RELEASE FOR PRODUCTION.

DELIVERY ORDERS FOR PRODUCTION YEAR TWO MAY BE ISSUED FROM GOVERNMENT RELEASE FOR PRODUCTION THROUGH 730 DAYS AFTER GOVERNMENT RELEASE FOR PRODUCTION.

DELIVERY ORDERS FOR PRODUCTION YEAR THREE MAY BE ISSUED FROM GOVERNMENT RELEASE FOR PRODUCTION THROUGH 1,095 DAYS AFTER GOVERNMENT RELEASE FOR PRODUCTION.

DELIVERY ORDERS FOR PRODUCTION YEAR FOUR MAY BE ISSUED FROM GOVERNMENT RELEASE FOR PRODUCTION THROUGH 1,460 DAYS AFTER GOVERNMENT RELEASE FOR PRODUCTION.

Section B - Supplies or Services and Prices

Pilot Production Units HAWT

FFP

Handheld Aircraft Wire Tester (HAWT) Pilot Production Units (PPUs) in accordance with Section J, Attachment 001, "Statement of Work (SOW) for the Handheld Aircraft Wire Tester (HAWT)," dated 02 June 2011; Attachment 002, "Performance Specification for the Handheld Aircraft Wire Tester (HAWT)," dated 31 January 2011; Attachment 003, "Acquisition Logistics Support Statement of Work (ALSSOW)," dated 24 May 2011, and Exhibits A, B, and L, “DD Form 1423, Contract Data Requirements List."

FOB: Destination

MAX

NET AMT

HAWT Production Unit (Ordering Year 1)

HAWT Production Unit (Ordering Year One (1)) in accordance with Statement of Work (SOW), Performance Specification, and Acquisition Logistics Support Statement of Work (ALSSOW)

QUANTITIES

UNIT PRICE

1 – 20 EA

21 – 50 EA

51 – 75 EA

76 – 100 EA

101 – 200 EA

201 – 300 EA

FOB: Origin

MAX

HAWT Production Unit (Ordering Year 2)

HAWT Production Unit (Ordering Year Two (2)) in accordance with Statement of Work (SOW), Performance Specification, and Acquisition Logistics Support Statement of Work (ALSSOW)

QUANTITIES

UNIT PRICE

1 – 20 EA

21 – 50 EA

51 – 75 EA

76 – 100 EA

101 – 200 EA

MAX

HAWT Production Unit (Ordering Year 3)

HAWT Production Unit (Ordering Year Three (3)) in accordance with Statement of Work (SOW), Performance Specification, and Acquisition Logistics Support Statement of Work (ALSSOW)

QUANTITIES

UNIT PRICE

1 – 20 EA

21 – 50 EA

51 – 75 EA

76 – 100 EA

101 – 200 EA

MAX

HAWT Production Unit (Ordering Year 4)

HAWT Production Unit (Ordering Year Four (4)) in accordance with Statement of Work (SOW), Performance Specification, and Acquisition Logistics Support Statement of Work (ALSSOW)

QUANTITIES

UNIT PRICE

1 – 20 EA

21 – 50 EA

51 – 75 EA

76 – 100 EA

101 – 200 EA

MAX

Configuration Management Plan

IAW SOW Paragraph 3.2.2.1 and Exhibit A, CDRL A001

MAX

Risk Management Plan

IAW SOW Paragraph 3.2.2.2 and Exhibit A, CDRL A002

MAX

Pilot Production Qualification Test Plan

IAW SOW Paragraph 3.2.3.1.1 and Exhibit A, CDRL A003

MAX

Pilot Production Qual. Test Report

IAW SOW Paragraph 3.2.3.1.2 and Exhibit A, CDRL A004

MAX

Request for Deviation

IAW SOW Paragraph 3.2.2.3 and Exhibit A, CDRL A005

MAX

Hazardous Materials Report

IAW SOW Paragraph 3.2.2.5 and Exhibit A, CDRL A006

MAX

Schedule Status Report

IAW SOW Paragraph 3.2.1.2 and Exhibit B, CDRL B001

MAX

Conference Agendas and Minutes

IAW SOW Paragraph 3.2.4 and Exhibit B, CDRL B002

MAX

Integrated Master Schedule (IMS)

IAW SOW Paragraph 3.2.1.1 and Exhibit B, CDRL B003

MAX

Interim Support Items List (ISIL)

IAW ALSSOW Paragraph 7.2, PSOW Paragraph 10.0 and Exhibit L, CDRL L001

MAX

Long Lead Times Items List (LLTIL)

IAW ALSSOW Paragraph 7.3, PSOW Paragraph 11.0 and Exhibit L, CDRL L002

MAX

Provisioning Parts List (PPL)

IAW ALSSOW Paragraph 7.4, PSOW Paragraph 12.0 and Exhibit L, CDRL L003

MAX

Design Change Notices

IAW ALSSOW Paragraph 8.0, PSOW Paragraph 13.0, and Exhibit L, CDRL L004

MAX

LMI Data Products - SDFP

IAW ALSSOW Paragraph 7.6, PSOW Paragraphs 4.0, 5.0, 6.0 and Exhibit L, CDRL L005

MAX

Statement of Prior Submission (SPS)

IAW ALSSOW Paragraph 7.7 and PSOW Paragraph 14.0 and Exhibit L, CDRL L006

MAX

Logistics Supportability Requirements

IAW ALSSOW Paragraph 4.2 and Exhibit L, CDRL L007

MAX

Technical Manuals

IAW ALSSOW Paragraph 6.0, TMCR, and Exhibit L, CDRL L008

MAX

Training Requirement: CCIP

IAW ALSSOW Paragraphs 9.0 and Exhibit L, CDRL L009

MAX

DMSMS Management Plan

Diminishing Manufacturing Sources and Material Shortages (DMSMS) Management Plan IAW ALSSOW Paragraph 13.2 and Exhibit L, CDRL L010

MAX

Bill of Materials (BOM)

IAW ALSSOW Paragraph 13.3 and Exhibit L, CDRL L011

MAX

Item Unique Identification (IUID) Plan

IAW ALSSOW Paragraph 14.0 and Exhibit L, CDRL L012

MAX

INFORMATIONAL NOTE

The minimum order for this contract is four (4) each CLIN 0001 Handheld Aircraft Wire Tester (HAWT) Pilot Production Units.

The maximum order for this contract is 1,200 Production HAWT units (CLINs 0002-0005) and associated data items (CLINs 0006-0026).

Section C - Descriptions and Specifications

DESCRIPTIONS AND SPECIFICATION

The Contractor shall provide the supplies and/or services in accordance with Attachment 1, Statement of Work (SOW), Attachment 2, System Performance Specification, and Attachment 3, Acquisition Logistics Support Statement of Work (ALSSOW).

CLAUSES INCORPORATED BY FULL TEXT

5252.211-9509

INCORPORATION OF THE CONTRACTOR'S TECHNICAL PROPOSAL (NAVAIR)(OCT 2005)

The Contractor's Technical Proposal Number [_______TBD________], dated [_______TBD______], and any amendments/addendums thereof, is incorporated herein by reference, unless otherwise specified, with the same force and effect as if set forth in full text. Nothing in the Contractor's proposal shall constitute a waiver of any of the provisions of the contract, including the Statement(s) of Work and Specification. For purposes of FAR Clause 52.215-8, “Order of Precedence”, the Contractor's technical proposal shall be considered a “Specification” but the Government's Specification shall take precedence over the Contractor's technical proposal.

Section D - Packaging and Marking

CLAUSES INCORPORATED BY FULL TEXT

5252.223-9502

HAZARDOUS MATERIAL (NAVAIR)(APR 2009) -

(a) Packaging, Packing, Marking, Labeling and Certification of Hazardous materials for shipment by any mode or combination of transportation modes shall be prepared (properly classed, described, packaged, marked, labeled, transport vehicle placarded, etc.) for shipment in accordance with MIL-STD-129 and Title 49 Code of Federal Regulations (CFR), Part 100-199 as applicable. In the event of any contradictions between the documents, 49 CFR shall govern or the applicable modal transport regulation.

(b) In the event of a conflict between specific requirements in the contract or order and existing applicable modal transport regulations, the regulations shall take precedence. Under no circumstances shall the contractor knowingly use materials, markings or procedures that are not in accordance with laws and regulations applicable to the mode of transportation employed.

(c) To ascertain which Department of Defense, or local installation regulations, concerning hazardous materials may have impact on this contract, the contractor should contact:

Environmental Director, Lakehurst

(732) 323-7544

Building 5 Floor 1

Lakehurst, NJ 08733-5060

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.

5252.247-9507

PACKAGING AND MARKING OF REPORTS (NAVAIR) (OCT 2005)

(a) All unclassified data shall be prepared for shipment in accordance with best commercial practice. Classified reports, data and documentation, if any, shall be prepared for shipment in accordance with the National Industry Security Program Operating Manual, DoD 5220.22-M.

(b) The contractor shall prominently display on the cover of each report the following information:

(1) Name and business address of contractor.

(2) Contract Number/Delivery/Task order number.

(3) Contract/Delivery/Task order dollar amount.

(4) Whether the contract was competitively or non-competitively awarded.

(5) Name of sponsoring individual.

(6) Name and address of requiring activity.

5252.247-9508

PROHIBITED PACKING MATERIALS (NAVAIR) (JUN 1998)

The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use.

5252.247-9514

TECHNICAL DATA PACKING INSTRUCTIONS (NAVAIR) (SEP 1999)

Technical Data and Information shall be packed and packaged for domestic shipment in accordance with best commercial practices. The package or envelope should be clearly marked with any special markings specified in this contract (or delivery/task order), e.g., Contract Number, CLIN, Device No., and document title must be on the outside of the package. Classified reports, data and documentation, if applicable, shall be prepared for shipment in accordance with Defense Industrial Manual for Safeguarding Classified Information, DoD 5220.22M.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

5252.246-9512

INSPECTION AND ACCEPTANCE (NAVAIR) (OCT 2005)

(a) Inspection and acceptance of the supplies or services to be furnished hereunder shall be performed by the cognizant DCMA office for source line items and the NAVAIR Program Team Lead, or designee, for Destination line items.

(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.

Section F - Deliveries or Performance

CLAUSES INCORPORATED BY REFERENCE

52.211-8

TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

DELIVERY ORDER

DELIVERY ADDRESS

4 Each

Contractor Pilot-Production Qualification Testing (PQT) shall commence within 210 days After Receipt of Order (ARO) in accordance with (IAW) FAR 52.209-3.

The draft Pilot-Production Qualification Test Plan shall be submitted no later (NLT) than 60 days prior to Contractor PQT. The final Pilot-Production Qualification Test Plan shall be submitted NLT ten (10) days prior to PQT.

The Pilot-Production Qualification Test Report shall be submitted within 14 days after completion of PQT.

Within 15 days after successful completion of Contractor PQT, the four (4) PPUs shall be delivered to Patuxent River, MD for Government Testing IAW FAR 52.209-4.

(Pilot-production units are separate from production units and will not be counted as production units.)

Contractor’s facility

Delivery for Government Testing will be FOB Destination to Patuxent River, MD. The exact delivery address will be provided at time of delivery order award.

Production Year One shall be from Government Release for Production through 365 days after Government Release for Production.

TBD

Delivery is FOB Origin and the delivery address(es) will be provided at time of delivery order award.

Max Production Year Two HAWT units, if ordered, delivery shall be made within 150 DAYS ARO, provided that release for production has been authorized.

Production Year Two shall be from Government Release for Production through 730 days after Government Release for Production.

TBD

Delivery is FOB Origin and the delivery address(es) will be provided at time of delivery order award.

Production Year Three shall be from Government Release for Production through 1095 days after Government Release for Production.

TBD

Delivery is FOB Origin and the delivery address(es) will be provided at time of delivery order award.

Max Production Year Four HAWT units, if ordered, delivery shall be made within 150 DAYS ARO, provided that release for production has been authorized.

Production Year Three shall be from Government Release for Production through 1460 days after Government Release for Production.

TBD

Delivery is FOB Origin and the delivery address(es) will be provided at time of delivery order award.

In accordance with the applicable Contract Data Requirements List (CDRL), DD Form 1423, Exhibits A, B, or L.

Delivery is FOB Destination.

WITHIN DAYS AFTER

ITEM NO.

QUANTITY

DATE OF CONTRACT

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

WITHIN DAYS AFTER

ITEM NO.

QUANTITY

DATE OF CONTRACT

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

5252.216-9506

MINIMUM AND MAXIMUM QUANTITIES (NAVAIR) (MAR 1999)

As referred to in paragraph (b) of FAR 52.216-22 “Indefinite Quantity" of this contract, the contract minimum quantity is [Four (4) each CLIN 0001 Pilot Production Handheld Aircraft Wire Testers (HAWTs)]; the maximum quantity is [1200 Production HAWT units (CLINs 0002-0005) and associated data items (CLINs 0006-0026)].

5252.247-9505

TECHNICAL DATA AND INFORMATION (NAVAIR) (FEB 1995)

Technical Data and Information shall be delivered in accordance with the requirements of the Contract Data Requirements List, DD Form 1423, Exhibit A001-A006; B001-B003; and L001-L012 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 [2.5.2.1.1].

(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: [See CDRLs] Section G - Contract Administration Data

CLAUSES INCORPORATED BY REFERENCE

252.232-7003

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008)

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

(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/ .

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when--

(1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will transfer to WAWF;

(2) DoD is unable to receive a payment request or provide acceptance in electronic form;

(3) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment; or

(4) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System).

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.

5252.201-9502 CONTRACTOR’S AUTHORIZED CONTRACT COORDINATOR AND TECHNICAL LIAISON (NAVAIR)(OCT 2005)

(a) The contractor shall state below the name and telephone numbers of the contractor’s employees responsible for coordination of contract functions/liaison with the Contracting Officer and/or Contract administrator, and providing technical assistance as required regarding product specifications, functionality, etc.

CONTRACT COORDINATOR:

NAME:

PHONE (BUS): ___________________________________

PHONE (AFTER HOURS): _________________________

ALTERNATE:

NAME:

PHONE (BUS): ___________________________________

PHONE (AFTER HOURS): _________________________

(b) The contractor shall notify the Contracting Officer and/or Contract Administrator in advance, in writing, of any changes in the above listed personnel.

5252.204-9503

EXPEDITING CONTRACT CLOSEOUT (NAVAIR) (JAN 2007)

(a) As part of the negotiated fixed price or total estimated amount of this contract, both the Government and the Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $1,000 or less at the time of final contract closeout. The term "residual dollar amount" shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party might be considered to the extent permitted by law.

(b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered.

5252.232-9504

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.

5252.232-9511

NOTICE OF REQUIREMENTS FOR PROMPT PAYMENT (NAVAIR) (MAR 2006)

The Government anticipates that this contract will be distributed to Defense Finance and Accounting Service (DFAS) by the DOD Electronic Document Access (EDA) system. DFAS is responsible for payment of contractor invoices.

(a) In accordance with FAR Clause 52.232-33 "Payment By Electronic Funds Transfer--Central Contractor Registration", the contractor is responsible for providing updated information to the Central Contractor Register (CCR) database. Additionally, the contractor is responsible for maintaining its active status in the CCR database.

(b) If the DUNS, CAGE code, TIN or address set forth in the contract do not match the information in the CCR, then DFAS will return invoices without payment. Therefore, it is imperative that the contractor ensure the DUNS, CAGE code, TIN and contractor address on the contract are accurate and in compliance with the CCR database. Additionally, any changes/updates made to the CCR database should be communicated to the Contracting Officer for the purpose of modifying the contract to reflect the new data.

5252.232-9513

INVOICING AND PAYMENT (WAWF) INSTRUCTIONS (MAR 2009)

(a) The following information is provided to assist the contractor in submitting invoices and receiving reports electronically through Wide Area Work Flow -- Receipt and Acceptance (WAWF) in accordance with DFARS 252.232-7003:

(1) Registration instructions, on-line training, user guides, quick reference guides, and other support documents and information can be found at the following website: WAWF Overview

(2) Vendors should contact the following POCs for additional support with registration or other WAWF issues, based on the administration of their contract:

(i) DCMA-administered contracts: Contact the ACO at the cognizant Defense Contract Management Agency (DCMA) office found in the contract.

(ii) Locally-administered contracts: Contact your local NAVAIR/NAWC Pay Office (Commercial Accounts) at [Insert phone number] or DFAS via the numbers listed at www.dfas.mil

(3) Information on the electronic forms the contractor shall utilize to comply with DFARS 252.232-7003 is available on the WAWF Functional Information and WAWF Training websites.

(4) Back up documentation (such as timesheets, etc.) can be included and attached to the invoice in WAWF. Attachments created in any Microsoft Office product are attachable to the invoice in WAWF. Total limit for the size of files per invoice is 5 megabytes.

(b) The following information, regarding invoice routing DODAACs, must be entered for completion of the invoice in WAWF:

DoDAAC LOCATION TABLE

-Select Combo for Fixed Price Supplies and Services

-Select Cost Voucher for all Cost or T&M or CLINs.

-The 2-in-1 invoice is not authorized for use by NAVAIR

-Questions? Call 1-866-618-5988

DD1155

(Destination

Acceptance)

DD1155

(Source/Origin

Acceptance)

SF26

SF33

SF1449

SF1449

(Destination

Acceptance)

Schedule See

Schedule

Schedule See

Schedule See

Schedule

Schedule

Schedule See

Schedule

(c) Cost Vouchers also require the cognizant DCAA DoDAAC, which can be found by entering the contractor’s zip code in the Audit Office Locator at http://www.dcaa.mil. Contractors approved by DCAA for direct billing will not process vouchers through DCAA, but may submit directly to DFAS. Final voucher submission will be approved by the ACO.

(d) For each invoice / cost voucher submitted for payment, the contractor shall also email the WAWF automated invoice notice directly to the following additional points of contact:

5252.232-9522

TRANSPORTATION ACCOUNT CODES (NAVAIR) (OCT 2005)

(a) The contractor is responsible for placing the Government assigned Transportation Account Code (TAC) on shipping documentation to enable payment of transportation bills by the U.S. Government under contracts with F.O.B. origin terms.

(b) The applicable TAC for this contract is as follows: [TBD].

(c) For shipments that will require use of military airlift, complete an Advance Transportation Control and Movement Document (ATCMD, DD Form 1384) and provide it to the cognizant Air Clearance Authority. Include the contract number and applicable TAC on the ATCMD. Also, ensure the ATCMD contains information for special requirements such as:

(1) shipments to be accompanied by couriers or monitors;

(2) shipments requiring special handling such as environmental control, hand-to-hand receipt, hazardous/dangerous cargo, short shelf life material, sensitive shipments and classified cargo;

(3) shipments requiring expediting action or those that must move on a specific flight.

(d) The cognizant DCMA office may be contacted for additional information or assistance on preparation of shipping documents or other transportation concerns.

5252.242-9511

CONTRACT ADMINISTRATION DATA (NAVAIR)(MAR 2008)

(a) Contract Administration Office.

(1) Contract administration functions (see FAR 42.302 and DFARS 242.302) are assigned to:

See the ADMINISTERED BY Block on the face page of the contract or modification.

(2) Contract administration functions withheld, additional contract administration functions assigned, or special instructions (see FAR 42.202) are: TBD or as delineated by Procuring Contracting Officer (PCO) correspondence.

(b) Inquiries regarding payment should be referred to: MyInvoice at https://myinvoice.csd.disa.mil//index.html.

Section H - Special Contract Requirements

CONTRACTOR FURNISHED PROPERTY

Contractor-Furnished Property

(First Article (Pilot Production) Testing)

(a) The Contractor shall deliver to the Government, at the time and locations stated in this contract, the Contractor-furnished property described in Federal Acquisition Regulation 52.209-4, First Article Approval – Government Testing and the Statement of Work.

(b) Title to Contractor-furnished property shall remain in the Contractor. The Government shall use the Contractor-furnished property only in connection with this contract in accordance with Federal Acquisition Regulation 52.209-4, First Article Approval – Government Testing.

(c) Upon delivery of Contractor-furnished property to the Government, the Government assumes the risk and responsibility for its loss or damage, except—

(1) For reasonable wear and tear;

(2) Consumables provided by the contractor; and

(3) As otherwise provided for by the provisions of this contract.

(d) In the event of loss or irreparable damage to the Contractor-furnished property, the maximum liability of the Government shall not exceed the price for the property as proposed by the Contractor in this solicitation.

(e) Upon completion of First Article (Pilot Production) Testing, and approval, in accordance with Federal Acquisition Regulation 52.209-4, First Article Approval – Government Testing, title to the Contractor-furnished property will pass to and vest in the Government.

CLAUSES INCORPORATED BY FULL TEXT

5252.210-9501 AVAILABILITY OF UNIQUE DATA ITEM DESCRIPTIONS (UDIDs) AND DATA ITEM DESCRIPTIONS (DIDs) (NAVAIR) (OCT 2005)

Access Procedures for Acquisition Management System and Data Requirements Control List (AMSDL), DoD 5010.12-L, and DIDs listed therein. The AMSDL and all DIDs and UDIDs listed therein are available online via the Acquisition Streamlining and Standardization Information System located at http://assist.daps.dla.mil. To access these documents, select the Quick Search link on the site home page.

5252.211-9502

GOVERNMENT INSTALLATION WORK SCHEDULE (NAVAIR)(OCT 2005)

(a) The Holidays applicable to this contract are: New Year’s Day, Martin Luther King’s Birthday, President’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.

(b) In the event that the contractor is prevented from performance as the result of an Executive Order or an administrative leave determination that applies to the using activity, such time may be charged to the contract as a direct cost provided such charges are consistent with the contractor’s accounting practices. In the event that any of the above holidays occur on a Saturday or Sunday, then such holiday shall be observed as they are by the assigned Government employees at the using activity.

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.

5252.216-9540

ISSUANCE OF ORDERS USING STREAMLINED PROCEDURES (NAVAIR) (NOV 2003)

(a) Unless the procedures in paragraphs (b) and (c) are utilized orders will be issued under this contract using the following streamlined procedures:

(1) For each proposed order, the contracting officer will provide the contractor with a statement of work (SOW) and an independent Government cost estimate (IGCE).

(2) Within three (3) working days of receipt of the SOW and IGCE, the contractor will respond with a confirmation letter agreeing to perform the SOW within the IGCE. If the requirement remains valid and the contracting officer determines the IGCE to represent a fair and reasonable price, a fully negotiated, priced order will be issued to the contractor.

(3) If the contractor does not agree with the SOW and/or IGCE, a proposal will be submitted to the contracting officer within five (5) working days of receipt of the SOW and IGCE, addressing only the specific areas of differences. Once the differences are resolved between the contracting officer and the contractor, and the contracting officer determines that the price is fair and reasonable, a fully negotiated, priced order will be issued to the contractor.

(b) There may be occasions when the Government determines, in circumstances of emergency or exigency, that the need for specific supplies or services is unusually urgent. On such occasions, the Ordering Officer may issue an order based solely on the Government estimate, requiring the contractor to provide the supplies or services specified without having an opportunity to review the Government estimate before the order is issued. This type of order shall be a unilaterally unpriced order.

(1) The unilaterally unpriced order shall specify the estimated cost and fee and the desired delivery schedule for the work being ordered. The Government’s desired delivery shall apply unless the Ordering Officer receives written notification from the Contractor within fifteen (15) days after receipt of the order that the proposed delivery schedule is not acceptable. Such notification shall propose an alternative delivery schedule. The Contractor shall either provide written acceptance of the order or submit its cost proposal within thirty (30) days after receipt of the order.

(2) The Government has no obligation to pay for the supplies or services ordered until the actual price and delivery schedule have been negotiated. In no event shall the costs incurred exceed the estimated cost of the order.

(3) The contractor shall include in its proposal a statement of costs incurred and an estimate of costs expected to complete the work. Data supporting the accuracy and reliability of the cost estimate should also be included. After submission of the contractor’s cost proposal and supporting data, the contractor and the Ordering Officer shall negotiate a bilateral modification to the original order finalizing the price and delivery schedule.

(4) Should the Ordering Officer and the contractor be unable to reach an agreement as to the terms of the order, the conflict shall be referred to the Contracting Officer who shall issue such direction as is required by the circumstances. If a bilateral agreement is not negotiated within sixty (60) days after submission of the contractor’s cost proposal, the Contracting Officer will issue a modification to the unilaterally unpriced order that establishes the Government’s total estimated cost for the order. This price will remain in effect unless the contractor requests to negotiate the price by submission of a proposal.

(5) Failure to arrive at an agreement shall be considered a dispute in accordance with the clause entitled “Disputes”.

(c) For orders under $100,000, the procedures for reaching agreement are as follows:

(1) The Ordering Officer shall issue a fully funded, unilaterally executed order representing a firm order for the total requirement.

(2) In the event the contractor cannot perform in accordance with the terms and conditions and within the estimated cost of the order, the contractor shall:

(i) notify the Ordering Officer with in three working days

(ii) submit a proposal for the work requested in the order,

(iii) not commence performance until such time that the differences between the order and contractor’s proposal are resolved and a modification, if necessary, is issued.

5252.243-9504

AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER (NAVAIR) (JAN 1992)

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.

(b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is:

Cindy Scheper

Phone: 732-323-2408

E-mail: cindy.scheper@navy.mil

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.

5252.246-9526

PROVISIONAL ACCEPTANCE UNDER SPECIAL CONDITIONS (NAVAIR)(OCT 2005)

(a) Acceptance under Special Conditions. The Government may, at the discretion of the Contracting Officer, finally or provisionally accept any supply prior to completion of work on such supply in the following situations:

(1) When the contractor, despite the exercise of due diligence, encounters unavoidable delay in securing contractor-furnished property;

(2) When Government-furnished property suitable for installation in any supply to be furnished hereunder is not delivered to the contractor in sufficient time to permit installation by the contractor prior to the date the supply is scheduled for delivery; or,

(3) When defects or deficiencies are known to exist in the supply, but when correction of the defects or deficiencies is not practicable within the delivery schedule set forth in the contract.

(b) Pending completion of any supply provisionally accepted under this provision, the Contracting Officer shall withhold an amount as he determines to be appropriate from the contract price that represents the estimated value of the work remaining to be performed. The withhold will be released after final acceptance.

Section I - Contract Clauses

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