14-R-0027_RFP_Solicitation.docx

DOCX document 219 KB Posted Sep 6, 2016

Attached to: Combat Environment Instrumentation Systems (CEIS) Federal contract opportunity
Solicitation number: N6893614R0027
Issued by: Department of the Navy Naval Air Systems Command Naval Air Warfare Center

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14-R-0027 RFP Solicitation

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N68936-14-R-0027

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

FOR YOUR INFORMATION:

The following addresses and points of contact are provided:

Name:	William Monckton
Phone:	(760) 939-8234
DSN:	437-8234
FAX:	(760) 939-8107
Email address: william.monckton@navy.mil

U.S Postal Service Mailing Address:

COMMANDER

CODE 254300D (W. MONCKTON - 805-989-8234)

NAVAIRWARCENWPNDIV

429 E. BOWEN RD. MAIL STOP 4015

CHINA LAKE, CA 93555-6108

Direct Delivery Address (UPS, FedEx, etc):

COMMANDER

CODE 254300D (W. MONCKTON)

NAVAIRWARCENWPNDIV

BLDG 982, MAIL STOP 4015

CHINA LAKE, CA 93555-6108

NOTE TO OFFERORS:

The Government is conducting a single competition which will result in a Multiple Award Contract (MAC) for Products (PSC 5865) and Services (PSC K058) for Combat Environment Instrumentation Systems (CEIS). Awards of contracts under the MAC are based on full and open competition. The Government estimates that FIVE (5) awards will be made under this solicitation. This estimate in no way prohibits the Government from making either fewer or more awards than estimated based upon the offers received and a determination of the best interests of the Government.

Cut-off date for questions: 21 calendar days from release date of solicitation.

The not-to-exceed ceiling for the Multiple Award Contract is $197,905,650

The MAC awarded from this solicitation will be an Indefinite Delivery/ Indefinite Quantity (ID/IQ) type contract with the ordering period as set forth in Section F.

No pricing for any CLINS will be provided in Section B of the MAC.

All pricing will be specified in Section B of awarded Delivery Orders (DOs) and Task Orders (TOs).

Delivery orders for Products may have additional line items due to specific requirements.

Proposal validity/acceptance period: Page 1, Block 12: The Government requires a minimum acceptance period of 180 calendar days to award a contract from the date specified in the solicitation for receipt of proposals.

Section B - Supplies or Services and Prices

ITEM NO

SUPPLIES/SERVICES

MAX QUANTITY

UNIT

UNIT PRICE

MAX AMOUNT

UNDEFINED

Lot

CE INSTRUMENTATION SYSTEMS - PRODUCTS

CPFF

In accordance with Section 3.1 of Statement of Work, Attachment 1, the contractor shall provide Combat Environment Instrumentation Systems (CEIS) - Products.

FOB: Destination

PURCHASE REQUEST NUMBER: 1300352532

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Lot

CE INSTRUMENTATION SYSTEMS - PRODUCTS

FFP

In accordance with Section 3.1 of Statement of Work, Attachment 1, the contractor shall provide Combat Environment Instrumentation Systems (CEIS) - Products.

NOTE: This CLIN is for ordering products that can be fixed price.

NET AMT

ITEM NO

SUPPLIES/SERVICES

MAX QUANTITY

UNIT

UNIT PRICE

MAX AMOUNT

UNDEFINED

Hours

CEIS - SERVICES - LABOR

CPFF

Labor required for services In accordance with Section 3.2 of Statement of Work, Attachment J-1. Based on 293,760 man-hour estimate specified in Level of Effort, Attachment J-5.

PURCHASE REQUEST NUMBER: 1300352532

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

ITEM NO

SUPPLIES/SERVICES

MAX QUANTITY

UNIT

UNIT PRICE

MAX AMOUNT

UNDEFINED

Lot

CEIS - SERVICES - MATERIALS

COST

Materials required for services In accordance with Section 3.2 of Statement of Work, Attachment J-1. See Attachment J-5 for material estimate without indirect rates applied.

MAX COST

ITEM NO

SUPPLIES/SERVICES

MAX QUANTITY

UNIT

UNIT PRICE

MAX AMOUNT

UNDEFINED

Lot

CEIS - SERVICES - TRAVEL

COST

Travel required for services In accordance with Section 3.2 of Statement of Work, Attachment J-1. See Attachment J-5 for travel estimate without indirect rates applied.

MAX COST

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Lot

DATA REQUIREMENTS

FFP

In accordance with Exhibit A, Contract Data Requirements List (CDRL), DDForm 1423.

Applicable for term of contract.

NSP: Not Separately Priced

FUNDED AMOUNT

INFORMATION FOR OFFERORS

The order ceiling for the CEIS MAC is $197,905,650.

5252.211-9503

LEVEL OF EFFORT (COST REIMBURSEMENT) (NAVAIR)(DEC 2012)

(a) The level of effort estimated to be ordered during the term of this contract is 293,760 man-hours of direct labor including authorized subcontract labor, if any. The contractor shall not, under any circumstances, exceed one hundred (100%) percent of the total level of effort specified in this basic contract. The estimated composition of the total man-hours of direct labor by classification is as follows:

Labor Category	Man-hours	Total Man-hours
			See Attachment 5, Level of Effort	293,760
			Applies to Services (CLIN 0003)

Totals

(b) FAR Clause 52.232-20, "Limitation of Cost" applies to fully funded orders and FAR Clause 52.232-22, "Limitation of Funds" applies to incrementally funded orders. Nothing in this clause amends the rights or responsibilities of the parties hereto under either of those two clauses. In addition, the notifications required by this clause are separate and distinct from any specified in either FAR Clause 52.232-20 or FAR Clause 52.232-22.
(c) In the event that less than one hundred (100%) percent of the established level of effort of the contract/order is actually expended by the end of the performance period, the Government shall have the option of:
	(1) Requiring the Contractor to continue performance, subject to the provisions of the FAR Clause 52.232-20 or 52.232-22, as applicable, until the effort expended equals 100% of the established Level of Effort; or
	(2) Effecting a reduction in the fixed fee by the percentage by which the total expended man-hours is less than one hundred (100%) percent of the established Level of Effort.
(d) The contractor agrees that effort performed in fulfillment of level of effort obligations under this contract shall include only verifiable effort in direct support of the work specified. It shall not include efforts such as work performed in transit to or from an employee's usual workplace, work during lunchtime activities, or effort performed at other non-work locations.
(e) In performing the contract/order, the contractor may use any reasonable combination of hours for the labor categories in support of section C of this contract/order.

Section C - Descriptions and Specifications

STATEMENT OF WORK

Work under this contract shall be in accordance with Attachment 1, Statement of Work (SOW) for the Combat Environment Instrumentation Systems (CEIS), to the basic contract. Each order issued under the CEIS MAC and this contract will include either a Statement of Work (SOW) or a Performance Work Statement (PWS) providing the specific scope.

REQUIRED ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA) INFORMATION
The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Services requirements via a secure data collection site. Contracted services, excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:
	(1) W, Lease/Rental of Equipment;
	(2) X, Lease/Rental of Facilities;
	(3) Y, Construction of Structures and Facilities;
	(4) S, Utilities ONLY;
	(5) V, Freight and Shipping ONLY.
The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.
Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

Section D - Packaging and Marking

PACKING & MARKING INFORMATION

CLINs 0001, 0002 and 0006 (data) shall be packaged in accordance with the applicable Section D Clauses and marked in accordance with the instructions specified in the delivery order.

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.

5252.247-9510	PRESERVATION, PACKAGING, PACKING AND MARKING FOR FOREIGN MILITARY SALES (FMS) REQUIREMENTS (NAVAIR)(OCT 2005)
	(a) Unless specified elsewhere in the contract, packing and packaging shall comply with MIL-STD-129 and other applicable DoD regulations. Packing and packaging materials shall provide protection from abuse during handling and from environmental, magnetic, and electrical damage during handling and subsequent future storage, possibly under less than desirable conditions.
	(b) Marking: All unit and exterior containers/packs shall as a minimum be marked as follows:
		(1) FMS Case Number.
		(2) Part Number (with CAGE Code).
		(3) For - the organization/address the material is shipped to.
		(4) The applicable MILSTRIP number (identified separately for each line item of the contract/delivery order)
		(5) Project Code number.
		(6) Project Directive Line Item (PDLI) Number.
		(7) Requisition Serial Number (RSN).
		(8) Quantity.
		(9) From - the contractor's address shipped from.
		(10) Ship to - the shipping address provided in the contract.
		(11) Transportation Priority
		(12) Required Delivery Date
	(c) The contractor shall affix labels to the outside of each external pack warning all handlers that fragile, delicate, etc., equipment is contained within and to warn against particular improper handling and storage procedures/conditions as may be applicable to the item(s) ordered.

D-TXT-03	PACKAGING AND MARKING OF SHIPMENTS (APR 2002)
	The Contractor shall preserve, package and mark all shipments in accordance with ASTM (American Society of Testing and Materials) D3951-98, Standard Practice for Commercial Packaging.

D-TXT-04	CLASSIFIED MATTER (APR 2002)
	Classified matter, if applicable, will be packed and shipped in accordance with transmission instructions contained in the National Industrial Security Program Operating Manual (NISPOM) and the DD Form 254 attached to this contract.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERM

CLIN 0001 - Product: Destination inspection and acceptance of the supplies to be furnished hereunder shall be conducted IAW the individual order, by the Government, IAW FAR Clause 52.246-3.

CLIN 0002 - Product: Destination inspection and acceptance of the supplies to be furnished hereunder shall be conducted IAW the individual order, by the Government, IAW FAR Clause 52.246-2.

CLIN 0003 – Services Labor: Destination inspection and acceptance of the supplies to be furnished hereunder shall be conducted IAW the individual order, by the Government, IAW FAR Clause 52.246-5.

CLIN 0004 – Services Materials: Destination inspection and acceptance of the supplies to be furnished hereunder shall be conducted IAW the individual order, by the Government, IAW FAR Clause 52.246-5.

CLIN 0005 – Services Travel: Destination inspection and acceptance of the supplies to be furnished hereunder shall be conducted IAW the individual order, by the Government, IAW FAR Clause 52.246-5.

CLIN 0006 - Data: Specified in delivery or task order.

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

CLAUSES INCORPORATED BY REFERENCE

52.246-2

Inspection Of Supplies--Fixed Price

AUG 1996

52.246-3

Inspection Of Supplies Cost-Reimbursement

MAY 2001

52.246-5

Inspection Of Services Cost-Reimbursement

APR 1984

52.246-8

Inspection Of Research And Development Cost Reimbursement

MAY 2001

52.246-16

Responsibility For Supplies

APR 1984

252.246-7000

Material Inspection And Receiving Report

MAR 2008

Section F - Deliveries or Performance

SUPPLEMENTAL INFORMATION

DELIVERY INFORMATION

CLINs 0001 (product), 0002 (product), and 0006 (data) – the supplies to be furnished hereunder shall be delivered F.O.B destination in accordance with the following schedule: IAW the individual order.

PERIOD OF PERFORMANCE INFORMATION

The ordering period for the contract is 5 years. See DFARS 252.216-7006 ORDERING.

DELIVERY INFORMATION AT ORDER LEVEL

The delivery requirements will be specified in the delivery/task order.

DELIVERY INFORMATION

CLIN

DELIVERY DATE

QUANTITY

SHIP TO ADDRESS

DODAAC

0001

N/A

0002

N/A

0003

N/A

0004

N/A

0005

N/A

0006

N/A

52.211-17

Delivery of Excess Quantities

SEP 1989

52.242-15 Alt I

Stop-Work Order (Aug 1989) - Alternate I

APR 1984

52.242-17

Government Delay Of Work

APR 1984

52.247-34

F.O.B. Destination

NOV 1991

52.247-55

F.O.B. Point For Delivery Of Government-Furnished Property

JUN 2003

Section G - Contract Administration Data

SPECIAL PAYMENT INSTRUCTIONS

Special Payment Instructions (DFARS 204.7108) will be determined at the order level.

Depending on the requirements of the order, the Government may select one of the Special Payment Instructions listed below for incorporation into the order.

252.204-0001, Line Item Specific: Single Funding 252.204-0002, Line Item Specific: Sequential ACRN Order 252.204-0003, Line Item Specific: Contracting Officer Specified ACRN Order 252.204-0004, Line Item Specific: by Fiscal Year 252.204-0005, Line Item Specific: by Cancellation Date 252.204-0006, Line Item Specific: Proration

252.204-0001

Line Item Specific: Single Funding

SEP 2009

252.204-0002

Line Item Specific: Sequential ACRN Order

SEP 2009

252.204-0003

Line Item Specific: Contracting Officer Specified ACRN Order

SEP 2009

252.204-0004

Line Item Specific: by Fiscal Year

SEP 2009

252.204-0005

Line Item Specific: by Cancellation Date

SEP 2009

252.204-0006

Line Item Specific: Proration

SEP 2009

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

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).
	_____________Cost Voucher______________________________________________________
	(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.
	____________Per Order_______________________________________________________________
	(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:			_________________________
Issue By DoDAAC:			_________________________
Admin DoDAAC:			_________________________
Inspect By DoDAAC:			_________________________
Ship To Code:				_________________________
Ship From Code:			_________________________
Mark For Code:			_________________________
Service Approver (DoDAAC):		_________________________
Service Acceptor (DoDAAC):		_________________________
Accept at Other DoDAAC:		_________________________
LPO DoDAAC:			_________________________
DCAA Auditor DoDAAC:		_________________________
Other DoDAAC(s):			_________________________
(*Contracting Officer: Insert applicable DoDAAC information or "See schedule" if multiple ship to/acceptance locations apply, or "Not applicable.")
	(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.

(Contracting Officer: Insert applicable email addresses or "Not applicable.")

(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. For Navy WAWF questions call DFAS Customer Care 1-800-756-4571 option 6
	(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

*To be completed at contract award.

5252.201-9501	DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)(NAVAIR) (SEP 2012)
	(a) The Contracting Officer has designated [insert name, mailing address, code, and telephone number] as the authorized Contracting Officer’s Representative (COR) to perform the following functions, duties, and/or responsibilities:.[Insert functions, duties, and/or responsibilities of the COR]
	(b) The effective period of the COR designation is [insert "the period of performance of this contract" OR "from to ."]

*To be complete at contract award.

5252.204-9503	EXPEDITING CONTRACT CLOSEOUT (NAVAIR) (JAN 2007)
	(a) As part of the negotiated fixed price or total estimated amount of this contract, both the Government and the Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $1,000 or less at the time of final contract closeout. The term "residual dollar amount" shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party might be considered to the extent permitted by law.
	(b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered.

5252.232-9510

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 *the related provisional payment on account of allowable cost is to the total estimated cost of the contract or order if a completion contract for CPFF Product CLIN 0001; or

dollars per hour (based on the fixed fee divided by the level of effort in hours) if a level of effort contract for CPFF Service CLIN 0003.

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.

(d) For indefinite delivery type contracts the terms of this clause apply to each delivery/task order there under.

*Fixed fee will not be earned or defined at the contract level. This clause will be incorporated in full text to applicable CPFF delivery or task orders.

5252.232-9511	NOTICE OF REQUIREMENTS FOR PROMPT PAYMENT (NAVAIR)(OCT 2015)
	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--System for Award Management", the contractor is responsible for providing updated information to the System for Award Management (SAM) database. Additionally, the contractor is responsible for maintaining its active status in the SAM database.
	(b) If the DUNS, CAGE code, TIN or address set forth in the contract do not match the information in the SAM database, 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 SAM database. Additionally, any changes/updates made to the SAM database should be communicated to the Contracting Officer for the purpose of modifying the contract to reflect the new data.

5252.232-9528

REIMBURSEMENT OF COSTS ASSOCIATED WITH OPNAV SERVICES (NAVAIR)(JUN 2012)

This procurement does not contain the requirement to support the Office of the Chief of Naval Operations (OPNAV). No such requirement is included in the Statement of Work nor shall be contained in any flow down requirements to subcontractors. Since OPNAV service support is not a requirement of the statement of work, the Contracting Officer's Representative (COR) is prohibited from endorsing any such costs/charges. The Government will not pay for such costs as they are outside the scope of this contract.

5252.242-9513

FUNDING TO BE PROVIDED ON TASK ORDERS (NAVAIR) (OCT 2005)

All funding for this contract will be provided on the individual delivery/task orders. Delivery/Task Order 0001 issued concurrent to award of this contract meets the Government’s minimum requirement. If an order is not placed at award for a requirement, a fixed price order will be generated providing funding to meet the minimum requirement. This funded order will be a placeholder until modified defining a requirement. The contractor cannot invoice for the funds unless authorized to do so through a modification to the order.

G-TXT-03	CONTRACTOR ACCESS TO NAVAL AIR WARFARE CENTER WEAPONS DIVISION CHINA LAKE
	Contractors requiring access to the Naval Air Warfare Center Weapons Division China Lake are required to enroll with RAPIDGate or obtain a day pass from the Pass and ID Office. The Government will not be responsible for work delays or work stoppages due to failure to comply with these access requirements. Questions should be directed to Tina Todd at (760)939-3154.

G-TXT-06	SECURITY ASSIGNMENT (APR 2002)
	Defense Security Service, * is hereby assigned administrative responsibility for safeguarding classified information.

(* To be completed at contract award.)

Section H - Special Contract Requirements

252.234-7002

Earned Value Management System

MAY 2011

5252.204-9505	SYSTEM AUTHORIZATION ACCESS REQUEST NAVY (SAAR-N) REQUIREMENTS FOR INFORMATION TECHNOLOGY(IT) (NAVAIR)(SEP 2012)
	(a) Contractor personnel assigned to perform work under this contract may require access to Navy Information Technology (IT) resources (e.g., computers, laptops, personal electronic devices/personal digital assistants (PEDs/PDAs), NMCI, RDT&E networks, websites such as MyNAVAIR, and Navy Web servers requiring Common Access Card (CAC) Public Key Infrastructure (PKI)). Contractor personnel (prime, subcontractor, consultants, and temporary employees) requiring access to Navy IT resources (including those personnel who previously signed SAAR DD Form 2875) shall submit a completed System Authorization Access Request Navy (SAAR-N), OPNAV 5239/14 (Jul 2008) form or latest version thereof, and have initiated the requisite background investigation (or provide proof of a current background investigation) prior to accessing any Navy IT resources. The form and instructions for processing the SAAR-N form are available at: http://www.cnrc.navy.mil/publications/Forms/OPNAV_5239_14_SAAR_N.pdf.
	(b) SAAR-N forms will be submitted to the Government Sponsor or Technical Point of Contact (TPOC) via the contractor’s Facility Security Officer (FSO). The designated SAAR-N Government Sponsor or TPCO for contractor employees requiring IT access, [fill-in name] shall be responsible for signing and processing the SAAR-N forms. For those contractors that do not have a FSO, SAAR-N forms shall be submitted directly to the designated SAAR-N Government Sponsor or TPOC. Copies of the approved SAAR-N forms may be obtained through the designated SAAR-N Government Sponsor or TPOC. Requests for access should be routed through the NAVAIR_SAAR.fct@navy.mil mailbox.
	(c) In order to maintain access to Navy IT resources, the contractor shall ensure completion of initial and annual IA training, monitor expiration of requisite background investigations, and initiate re-investigations as required. If requested, the contractor shall provide to the designated SAAR-N Government Sponsor or TPOC documentation sufficient to prove that it is monitoring/tracking the SAAR-N requirements for its employees who are accessing Navy IT resources. For those contractor personnel not in compliance with the requirements of this clause, access to Navy IT resources will be denied/revoked.
	(d) The SAAR-N form remains valid throughout contractual performance, inclusive of performance extensions and option exercises where the contract number does not change. Contractor personnel are required to submit a new SAAR-N form only when they begin work on a new or different contract.

5252.209-9510	ORGANIZATIONAL CONFLICTS OF INTEREST (NAVAIR) (SERVICES)(MAR 2007)
	(a) Purpose. This clause seeks to ensure that the contractor (1) does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract, and (2) is not biased because of its current or planned interests (financial, contractual, organizational or otherwise) that relate to the work under this contract.
	(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor (as defined in paragraph (d)(7)) in the activities covered by this clause.
		(1) The restrictions set forth in paragraph (e) apply to supplies, services, and other performance rendered with respect to the suppliers and/or equipment listed in Attachment #1 “Statement of work. Task orders issued under the contract will specify to which suppliers and/or equipment subparagraph (f) restrictions apply.
		(2) The financial, contractual, organizational and other interests of contractor personnel performing work under this contract shall be deemed to be the interests of the contractor for the purposes of determining the existence of an Organizational Conflict of Interest. Any subcontractor that performs any work relative to this contract shall be subject to this clause. The contractor agrees to place in each subcontract affected by these provisions the necessary language contained in this clause.
	(c) Waiver. Any request for waiver of the provisions of this clause shall be submitted in writing to the Procuring Contracting Officer. The request for waiver shall set forth all relevant factors including proposed contractual safeguards or job procedures to mitigate conflicting roles that might produce an Organizational Conflict of Interest. No waiver shall be granted by the Government with respect to prohibitions pursuant to access to proprietary data.
	(d) Definitions. For purposes of application of this clause only, the following definitions are applicable:
		(1) “System” includes system, major component, subassembly or subsystem, project, or item.
		(2) “Nondevelopmental items” as defined in FAR 2.101.
		(3) “Systems Engineering” (SE) includes, but is not limited to, the activities in FAR 9.505-1(b).
		(4) “Technical direction” (TD) includes, but is not limited to, the activities in FAR 9.505-1(b).
		(5) “Advisory and Assistance Services” (AAS) as defined in FAR 2.101.
		(6) “Consultant services” as defined in FAR 31.205-33(a).
		(7) “Contractor”, for the purposes of this clause, means the firm signing this contract, its subsidiaries and affiliates, joint ventures involving the firm, any entity with which the firm may hereafter merge or affiliate, and any other successor or assignee of the firm.
		(8) “Affiliates”, means officers or employees of the prime contractor and first tier subcontractors involved in the program and technical decision-making process concerning this contract.
		(9) “Interest” means organizational or financial interest.
		(10) “Weapons system supplier” means any prime contractor or first tier subcontractor engaged in, or having a known prospective interest in the development, production or analysis of any of the weapon systems, as well as any major component or subassembly of such system.
	(e) Contracting restrictions.
		[ X ] (1) To the extent the contractor provides systems engineering and/or technical direction for a system or commodity but does not have overall contractual responsibility for the development, the integration, assembly and checkout (IAC) or the production of the system, the contractor shall not (i) be awarded a contract to supply the system or any of its major components or (ii) be a subcontractor or consultant to a supplier of the system or of its major components. The contractor agrees that it will not supply to the Department of Defense (either as a prime contractor or as a subcontractor) or act as consultant to a supplier of, any system, subsystem, or major component utilized for or in connection with any item or other matter that is (directly or indirectly) the subject of the systems engineering and/or technical direction or other services performed under this contract for a period of [two years] after the date of completion of the contract. (FAR 9.505-1(a))
		[ ] (2) To the extent the contractor prepares and furnishes complete specifications covering nondevelopmental items to be used in a competitive acquisition, the contractor shall not be allowed to furnish these items either as a prime contractor or subcontractor. This rule applies to the initial production contract, for such items plus a specified time period or event. The contractor agrees to prepare complete specifications covering non-developmental items to be used in competitive acquisitions, and the contractor agrees not to be a supplier to the Department of Defense, subcontract supplier, or a consultant to a supplier of any system or subsystem for which complete specifications were prepared hereunder. The prohibition relative to being a supplier, a subcontract supplier, or a consultant to a supplier of these systems of their subsystems extends for a period of [ ] after the terms of this contract. (FAR 9.505-2(a)(1))
		[ ] (3) To the extent the contractor prepares or assists in preparing a statement of work to be used in competitively acquiring a system or services or provides material leading directly, predictably and without delay to such a work statement, the contractor may not supply the system, major components thereof or the services unless the contractor is the sole source, or a participant in the design or development work, or more than one contractor has been involved in preparation of the work statement. The contractor agrees to prepare, support the preparation of or provide material leading directly, predictably and without delay to a work statement to be used in competitive acquisitions, and the contractor agrees not to be a supplier or consultant to a supplier of any services, systems or subsystems for which the contractor participated in preparing the work statement. The prohibition relative to being a supplier, a subcontract supplier, or a consultant to a supplier of any services, systems or subsystems extends for a period of [ ] after the terms of this contract. (FAR 9.505-2(b)(1))
		[ X ] (4) To the extent work to be performed under this contract requires evaluation of offers for products or services, a contract will not be awarded to a contractor that will evaluate its own offers for products or services, or those of a competitor, without proper safeguards to ensure objectivity to protect the Government’s interests. Contractor agrees to the terms and conditions set forth in the Statement of Work that are established to ensure objectivity to protect the Government’s interests. (FAR 9.505-3)
		[ X ] (5) To the extent work to be performed under this contract requires access to proprietary data of other companies, the contractor must enter into agreements with such other companies which set forth procedures deemed adequate by those companies (i) to protect such data from unauthorized use or disclosure so long as it remains proprietary and (ii) to refrain from using the information for any other purpose other than that for which it was furnished. Evidence of such agreement(s) must be made available to the Procuring Contracting Officer upon request. The contractor shall restrict access to proprietary information to the minimum number of employees necessary for performance of this contract. Further, the contractor agrees that it will not utilize proprietary data obtained from such other companies in preparing proposals (solicited or unsolicited) to perform additional services or studies for the United States Government. The contractor agrees to execute agreements with companies furnishing proprietary data in connection with work performed under this contract, obligating the contractor to protect such data from unauthorized use or disclosure so long as such data remains proprietary, and to furnish copies of such agreement to the Contracting Officer. Contractor further agrees that such proprietary data shall not be used in performing for the Department of Defense additional work in the same field as work performed under this contract if such additional work is procured competitively. (FAR 9.505-4)
		[ ] (6) Preparation of Statements of Work or Specifications. If the contractor under this contract assists substantially in the preparation of a statement of work or specifications, the contractor shall be ineligible to perform or participate in any capacity in any contractual effort (solicited or unsolicited) that is based on such statement of work or specifications. The contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the Contracting Officer, in which case the restrictions in this subparagraph shall not apply. Contractor agrees that it will not supply to the Department of Defense (either as a prime contractor or as a subcontractor) or act as consultant to a supplier of, any system, subsystem or major component utilized for or in connection with any item or work statement prepared or other services performed or materials delivered under this contract, and is procured on a competitive basis, by the Department of Defense with [ ] after completion of work under this contract. The provisions of this clause shall not apply to any system, subsystem, or major component for which the contractor is the sole source of supply or which it participated in designing or developing. (FAR 9.505-4(b))
		[ ] (7) Advisory and Assistance Services (AAS). If the contractor provides AAS services as defined in paragraph (d) of this clause, it shall be ineligible thereafter to participate in any capacity in Government contractual efforts (solicited or unsolicited) which stem directly from such work, and the contractor agrees not to perform similar work for prospective offerors with respect to any such contractual efforts. Furthermore, unless so directed in writing by the Contracting Officer, the contractor shall not perform any such work under this contract on any of its products or services, or the products or services of another firm for which the contractor performs similar work. Nothing in this subparagraph shall preclude the contractor from competing for follow-on contracts for AAS.
	(f) Remedies. In the event the contractor fails to comply with the provisions of this clause, such noncompliance shall be deemed a material breach of the provisions of this contract. If such noncompliance is the result of conflicting financial interest involving contractor personnel performing work under this contract, the Government may require the contractor to remove such personnel from performance of work under this contract. Further, the Government may elect to exercise its right to terminate for default in the event of such noncompliance. Nothing herein shall prevent the Government from electing any other appropriate remedies afforded by other provisions of this contract, or statute or regulation.
	(g) Disclosure of Potential Conflicts of Interest. The contractor recognizes that during the term of this contract, conditions may change which may give rise to the appearance of a new conflict of interest. In such an event, the contractor shall disclose to the Government information concerning the new conflict of interest. The contractor shall provide, as a minimum, the following information:
		(1) a description of the new conflict of interest (e.g., additional weapons systems supplier(s), corporate restructuring, new first-tier subcontractor(s), new contract) and identity of parties involved;
		(2) a description of the work to be performed;
		(3) the dollar amount;
		(4) the period of performance; and
		(5) a description of the contractor’s internal controls and planned actions, to avoid any potential organizational conflict of interest.

5252.210-9501

AVAILABILITY OF UNIQUE DATA ITEM DESCRIPTIONS (UDIDs) AND DATA ITEM DESCRIPTIONS (DIDs) (NAVAIR) (AUG 2013)

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 https://assist.dla.mil/online/start/. To access these documents, select the Quick Search link on the site home page.

5252.216-9507	FAIR OPPORTUNITY PROCEDURES (NAVAIR)(AUG 2001)
	The Government will give all contractors that are parties to this contract a fair opportunity to be considered for each task order, except as otherwise provided in Federal Acquisition Regulation (FAR) 16.504(b)(2).
	(a) When giving contractors a fair opportunity the Government may consider technical approach, past performance, management approach, personnel experience, and cost/price factors. However, the Government might not consider all of those factors together.
	(b) The Government's objective is to keep task order selection procedures simple and inexpensive for all parties to the contract. Thus, as a general rule, the Government will consider contractors based on (1) information already in its files, (2) price quotations, and (3) past performance under prior orders. In accordance with FAR 16.505(b)(1)(ii), the competition requirements in FAR part 6 and the policies in FAR subpart 15.3 do not apply to the ordering process. However, the Government reserves the right to use more formal procedures when it considers them to be necessary.
	(c) After it selects a contractor for a task order, the Government may discuss the details of task plans and procedures and negotiate prices with the contractor before issuing the task order. If the Ordering Officer is not satisfied with the progress or outcome of those discussions or negotiations, the Government may reconsider its task order selection decision and then select a different contractor.

5252.216-9508	MINIMUM AND MAXIMUM QUANTITIES FOR MULTIPLE AWARD CONTRACTS (NAVAIR) (AUG 2001)
	(a) As referred to in paragraph (b) of FAR Clause 52.216-22, “Indefinite Quantity” of this contract, the contract minimum quantity is a total of $2,500 of the maximum contract price or total estimated cost and fee identified in Section B for the base period only. The maximum quantity is the total “not to exceed” quantity for all items combined as set forth in the schedule. All option periods thereafter Not applicable have a guaranteed minimum.
	(b) If multiple awards are made the minimum guarantee will be: $2,500 per award.

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.

5252.216-9535	TASK ORDERS PROCEDURES (MULTIPLE AWARDS) (NAVAIR) (AUG 2011)
	(a) The following activity(ies) or individual(s) is/are designated as Ordering Officer(s): Naval Air Warfare Center Weapons Division (NAVAIRWARCENWPNDIV), China Lake, CA.
	The above activity(ies) or individual(s) is/are responsible for soliciting proposals for work under Task Orders, evaluating proposals, issuing Task Orders, and administering any Task Orders placed hereunder. Ordering Officers may negotiate revisions/modifications to Task Orders, but only within the scope of this basic contract (hereinafter “contract”). Ordering Officers have no authority to modify any provision of this contract. Any deviation from the terms of the contract must be submitted to the Procuring Contracting Officer (PCO) for contractual action. Ordering Officers may enter into mutual no cost cancellations of Task Orders under this contract and may reduce the scope of orders/tasks, but a Termination for Convenience or Termination for Default may only be issued by the PCO.
	(b) The Government contemplates award of Cost Plus Fixed Fee Task Orders under this contract. All orders issued hereunder are subject to the terms and conditions of this contract. The contract shall control in the event of conflict with any order. When mailed, an order shall be “issued” for purposes of this contract at the time the Government deposits the order in the mail, or, if transmitted by other means, when received by the contractor. No work will be performed and no payment will be made except as authorized by a Task Order.
	(c) All costs associated with presentation, and/or discussion of the contractor’s Task Order proposal, post award Task Order administration (including applicable personnel cost allocations by Task Order) shall not be a direct charge under the task order unless authorized in the contract or Task Order.
	(d) Task Orders may be issued on either a competitive or non-competitive basis in accordance with paragraph (j). Regardless of whether the Task Order is competitive or non-competitive, oral or written proposals/presentations (as considered appropriate in light of the dollar value, complexity, and scope of work for the Task Order) may be required by the Ordering Officer. In addition:
		(1) The Government reserves the right to make award based on initial offers.
		(2) Task Order award(s) will normally be made to the offeror(s) who is determined, under a “best value” evaluation, to best meet the needs of the Government after consideration of all evaluation factors. “Best value” is defined as the procurement process that results in the most advantageous acquisition decisions for the Government and is generally performed through an integrated assessment and trade-off analysis utilizing quality factors such as technical approach, past performance, management approach, personnel experience, and cost/price factors.
		(3) Offerors are cautioned that in conducting the Task Order evaluation, the Government may use data provided by the offeror in its proposal as well as data obtained from other sources (e.g. Dun and Bradstreet reports, DCAA audits, available industry market rates for labor and overhead). While the Government may elect to consider data obtained from other sources, the burden of providing thorough and complete information rests with the offeror.
		(4) The Ordering Officer need not contact each of the multiple awardees under the contract before selecting a Task Order awardee(s), if the Ordering Officer has information available to ensure that each awardee(s) is provided a fair opportunity to be considered for each order.
		(5) Contractors are strongly encouraged but are not required, unless otherwise directed by the Ordering Officer, to provide offers on all competitively solicited Task Orders.
	(e) The following procedures should apply when issuing Task Orders. The amount and detail of information required in the proposal may vary, depending upon the estimated dollar value, complexity and scope of the work. The Task Order Request For Proposal (TORFP) will detail the degree to which information is required.
		(1) Except as provided in e(3), the Ordering Officer shall furnish the contractor with a written TORFP. The TORFP will include the following:
			(i) Request for proposal number and title, suggested type of order, and contract number.
			(ii) Details of the task, i.e., background of requirement, objective, description of the tasks required to be performed/items to be delivered, delivery schedule/performance period, place and manner of inspection and acceptance, pricing arrangements, and other pertinent information deemed necessary.
			(iii) A listing of Government furnished property to be provided to the contractor, if applicable.
			(iv) Security classification designated for the task(s) to be performed.
			(v) Type of proposal (oral or written) and date when proposals are due, identification of key personnel, option exercise period and option period of performance (if applicable).
			(vi) Procedures and criteria for evaluation, if competitive.
			(vii) Any other pertinent information deemed necessary.
		(2) The contractor shall provide the Ordering Officer with two copies of the proposal. The proposal shall be submitted within the time specified by the TORFP. Proposals received after date and time of proposal due date stated in the TORFP shall not be considered, except under the circumstances set forth in FAR 15.208(b). The proposal shall include information requested by the TORFP, and may include:
			(i) Technical and managerial approach to accomplishing the task, to include proposed schedule of performance/completion or delivery dates. Contractor exceptions to the Government SOW and/or Contract Data Requirements List delivery requirements shall be identified, with supporting rationale. This information should support contractor’s proposed use of labor categories/man-hours, and the delivery date.

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