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N68936-16-R-0046
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
RSA Phase II Integration
FPI
FOB: Origin (Shipping Point)
TARGET COST
TARGET PROFIT
TOTAL TARGET PRICE
CEILING PRICE
SHARE RATIO ABOVE TARGET
SHARE RATIO BELOW TARGET
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Lot
Data and Software
Technical Data, Financial Data, Administrative Data, and Computer Software for CLIN 0001
NSP
FOB: Destination
NET AMT
CLIN 0001
CLIN 0001 Additional Information:
TARGET PROFIT: 12.5%
CEILING PRICE: 123%
SHARE RATIO ABOVE TARGET 50/50
SHARE RATIO BELOW TARGET 50/50
Section C - Descriptions and Specifications
DESCRIPTIONS AND SPECIFICATION
Item 0001 – The Contractor shall design, develop, integrate, test, and deliver a certified FAA airworthy Telemetry (TM) Range Support Aircraft (RSA) in accordance with Attachment (1) “Statement of Work for Range Support Aircraft (RSA) Mission Systems Development and Aircraft Integration”, Attachment (2) “Telemetry Range Support Aircraft Specification TRSA System”, Attachment (3) “Performance Specification, Commercial Aircraft Based Instrumentation Telemetry System (CBITS) at the NAWCWD Sea Range” and Attachment (4) “System Specification for the Airborne Command Transmitter System (ACTS) at the NAWCWD Sea Range”.
Item 0002 – The Contractor shall provide the technical data, financial data, administrative data, and computer software in accordance with the Contract Data Requirements List (CDRL) DD Form 1423, Exhibits A, B, and C.
Section D - Packaging and Marking
Item 0001 - The supplies or services to be furnished hereunder shall be marked in accordance with MIL‐STD-130 (series) Identification Marking of U.S. Military Property and shall be adequately packaged and shipped in accordance with the best commercial practices to assure safe delivery at destination.
Item 0002 – The technical data, financial data, administrative data, and computer software to be delivered hereunder shall be packaged and marked in accordance with the CDRL DD Form 1423, Exhibits A, B, and C.
CLAUSES INCORPORATED BY FULL TEXT
| 252.223-7001 | HAZARD WARNING LABELS (DEC 1991) | |
| (a) "Hazardous material," as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract. | |
| (b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labeling requirements of one of the following statutes: | |
| | (1) Federal Insecticide, Fungicide and Rodenticide Act; |
| | (2) Federal Food, Drug and Cosmetics Act; |
| | (3) Consumer Product Safety Act; |
| | (4) Federal Hazardous Substances Act; or |
| | (5) Federal Alcohol Administration Act. |
| (c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labeled in accordance with one of the Acts in paragraphs (b)(1) through (5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard. | |
| MATERIAL (If None, Insert "None.") | ACT | |
| __________________________________ | _____________________________ | |
| __________________________________ | _____________________________ | |
| (d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract. | |
| (e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract). | |
| 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 311 Main Road Suite 1
PM 632
Pt Mugu, CA 93042
(805) 982-3771 Environmental Compliance
(805) 989-3804 Environmental Planning
| 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. |
| 5252.247-9517 | PACKAGING REQUIREMENTS FOR SHIPMENTS CONTAINING NON-MANUFACTURED WOOD PACKING MATERIALS (NAVAIR) (FEB 2002) |
| All non-manufactured, wooden pallets, reels, or containers shipped or used for shipment under this contract shall be heat treated and marked in accordance with the American Lumber Standards Committee, Incorporated Non-Manufactured Wood Packing Policy and Non-Manufactured Wood Packing Enforcement Regulations, both dated 30 May 2001. |
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Destination |
| Government |
| Destination |
| Government |
| 0002 |
| Destination |
| Government |
| Destination |
| Government |
CLAUSES INCORPORATED BY REFERENCE
| 52.246-2 |
| Inspection Of Supplies--Fixed Price |
| AUG 1996 |
| 52.246-4 |
| Inspection Of Services--Fixed Price |
| AUG 1996 |
| 52.246-16 |
| Responsibility For Supplies |
| APR 1984 |
| 5252.246-9517 | CONSTRUCTIVE ACCEPTANCE PERIOD (NAVAIR) (MAR 1999) |
| For the purpose of FAR Clause 52.232-25, "Prompt Payment", paragraph (a)(5)(i), Government acceptance shall be deemed to have occurred constructively on the 30th day after the contractor delivered the supplies or performed the services. |
Section F - Deliveries or Performance
DELIVERIES OR PERFORMANCE
Item 0001 -
Range Support Aircraft – The Range Support Aircraft, with phase II integration, shall be delivered no later than 51 months after Contract award to the following address:
VX-30
575 I Avenue Suite 1 Hangar 372 Pt Mugu, CA 93042
Support Equipment – the last item of Support Equipment (SE), with accompanying shipping documentation for each item of SE, shall be delivered no later than thirty (30) days prior to delivery of the Range Support Aircraft to the following address:
VX-30
575 I Avenue Suite 1 Hangar 372 Pt Mugu, CA 93042
Spares – shall be delivered no later than thirty (30) days prior to delivery of the Range Support Aircraft to the following address:
VX-30
575 I Avenue Suite 1 Hangar 372 Pt Mugu, CA 93042
Item 0002 –
Technical data, financial data, administrative data, and computer software shall be delivered in accordance with the CDRL DD Form 1423, Exhibits A, B, and C.
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC |
KYLE ROUDEBUSH
575 I AVENUE SUITE 1
POINT MUGU CA 93042
(805) 989-3849 FOB: Origin (Shipping Point) N63126
NAVAL AIR SYSTEMS COMMAND
GOVT REPRESENTATIVE
BLDG 419 CODE PMA2075A6
46990 HINKLE CIRCLE
PATUXENT RIVER MD 20670
(301) 757-8485 FOB: Destination N00019
| 52.242-15 |
| Stop-Work Order |
| AUG 1989 |
| 52.242-17 |
| Government Delay Of Work |
| APR 1984 |
| 52.247-29 |
| F.O.B. Origin |
| FEB 2006 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
| 52.247-55 |
| F.O.B. Point For Delivery Of Government-Furnished Property |
| JUN 2003 |
| 252.246-7000 |
| Material Inspection And Receiving Report |
| MAR 2008 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| APR 2014 |
| 252.247-7024 |
| Notification Of Transportation Of Supplies By Sea |
| MAR 2000 |
| 5252.247-9505 | TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995) | |
| Technical Data and Information shall be delivered in accordance with the requirements of the Contract Data Requirements List, DD Form 1423, Exhibit [A, B, and C], 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 [insert code]*. |
| | (2) ACO, Code [insert code]*. |
| | [insert additional code addresses, as necessary] |
| (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: In accordance with the CDRLs. | |
*To be completed at contract award.
Section G - Contract Administration Data
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
| 252.232-7006 |
| Wide Area WorkFlow Payment Instructions |
| MAY 2013 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
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. |
| 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. |
| 5252.232-9511 | 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. |
| 5252.242-9511 | CONTRACT ADMINISTRATION DATA (NAVAIR)(SEP 2012) | |
| (a) Contract Administration Office. | |
| | (1) Contract administration functions (see FAR 42.302(a) and DFARS 242.302(a)) are assigned to: See the ADMINISTERED BY Block on the face page of the contract, modification, or order. |
| (b) Special Instructions (see FAR 42.202(b) and (c)): | |
| | (1) The following contract administration functions are retained (see FAR 42.302(a) and DFARS 242.302(a)): |
| | Functions Retained |
| Retained for Performance By: | |
| [Insert function from FAR 42.302(a) or DFARS 242.302(a)] |
| [Insert PCO, COR, Requiring Activity, or TPOC for each function.] |
[Repeat as necessary.
(2) The following additional contract administration functions are assigned (see FAR 42.302(b)):
| Additional Functions |
| Retained for Performance By: |
| [Insert function from FAR 42.302(b) or other function identified as necessary for administration of the contract.] |
| [Insert "See the ADMINISTERED BY Block on the face page of the contract, modification or order," PCO, COR, Requiring Activity, or TPOC for each function.] |
[Repeat as necessary.
(c) Inquiries regarding payment should be referred to: MyInvoice at https://myinvoice.csd.disa.mil//index.html.
*To be completed at contract award
Section H - Special Contract Requirements
H-CLAUSE
H-1 DELIVERY INCENTIVE FEES
In addition to the Incentive Price Revision-Firm Target clause, FAR 52.216-16, the Contractor may also earn a delivery incentive of up to $2M. Any delivery incentive earned is in addition to the ceiling price set forth in Item 0001 at Section B.
The delivery incentive fee may be earned as follows:
· Final DD250 365 calendar days ahead of the contractually required delivery date as established in Section F = $2M
· Final DD250 364 to 275 calendar days ahead of the contractually required delivery date as established in Section F = $1.5M
· Final DD250 274 to 185 calendar days ahead of the contractually required delivery date as established in Section F = $1M
· Final DD250 184 to 95 calendar days ahead of the contractually required delivery date as established in Section F = $0.5M
If the contract is terminated prior to the completion of the events, the Contractor shall not be entitled to any portion of this delivery incentive fee.
H-2 CONTRACTOR USE OF COMMERCIAL COMPUTER SOFTWARE, INCLUDING OPEN SOURCE SOFTWARE
a. Contractor Use of Commercial Computer Software, including Open Source Software. Open source software is often licensed under terms that require a user to make user's modifications to the open source software or any software that the user combines with the open source software freely available in source code form pursuant to distribution obligations in the license.
i. In cases where the Contractor proposes to use open source software while performing under a Government contract, regardless of whether the open source software is delivered, the Contractor shall not create, or purport to create, any Government distribution obligation with respect to Government computer software deliverables.
ii. Prior to using any commercial computer software, the Contractor shall additionally evaluate each license for commercial computer software, including open source software which is considered commercial computer software, and confirm that each of the following requirements is satisfied:
a) A license for a particular commercial computer software shall be compatible with all licenses for other commercial computer software that are or will be linked to, adapted to, integrated, combined or merged with the particular commercial computer software, including when the particular commercial computer software and the other commercial computer software are used with another computer program;
b) A license for commercial computer software shall not impose a future Government distribution obligation that is foreseeable by the Contractor;
c) A license for commercial computer software shall not be terminated by the Contractor’s use of the commercial computer software in performing under the contract; and
d) Contractor’s cost to comply with this requirement presents no additional cost to the Government.
b. If, as a result of the Contractor’s evaluation, the Contractor satisfies all of the requirements in paragraphs a.ii.a) through a.ii.d) above, then the Contractor shall provide a written summary report of the above findings to the Government Contracting officer stating that the Contractor has evaluated the commercial computer software use and the commercial computer software license, and made each determination required in paragraphs a.ii.a) through a.ii.d) above. The contractor shall request permission from the Government Contracting Officer to use the proposed commercial computer software. This notification shall also include all information regarding the identification and proposed use(s) of the commercial computer software in the format required by the contract.
c. If the Contractor is unable to satisfy all of the requirements in paragraphs a.ii.a) through a.ii.d) above for a particular commercial computer software license, then the Contractor may not use the commercial computer software covered by the particular license without prior approval by the Contracting Officer. If the Contractor wants to use the Commercial Computer Software for which the requirements of paragraph a.ii.a) through a.ii.d) are not satisfied, the Contractor shall request approval to use the otherwise prohibited subject commercial computer software from the Contracting Officer by providing a written notification address the following: (i) the name and version number of the software; (ii) the name of the applicable license(s); (iii) a brief description of the technical use and implementing approach; (iv) a “yes/no” indication as to whether the Contractor has made, or will make, any modifications to the source code; (v) the software website; and in addition (vi) an identification of the reason(s) that the Contractor was unable to make the determinations in paragraphs a.ii.a) through a.ii.d) above.
For definition of “Commercial Computer Software” see DFARS 252.227-7014.
| 52.211-15 |
| Defense Priority And Allocation Requirements |
| APR 2008 |
| 252.242-7004 |
| Material Management And Accounting System |
| MAY 2011 |
| 252.242-7005 |
| Contractor Business Systems |
| FEB 2012 |
| 252.234-7002 | EARNED VALUE MANAGEMENT SYSTEM (DEVIATION 2015-O0017)(SEP 2015) | |
| (a) Definitions. As used in this clause-- | |
| "Acceptable earned value management system" means an earned value management system that generally complies with system criteria in paragraph (b) of this clause. | |
| "Earned value management system" means an earned value management system that complies with the earned value management system guidelines in the ANSI/EIA-748. | |
| "Significant deficiency" means a shortcoming in the system that materially affects the ability of officials of the Department of Defense to rely upon information produced by the system that is needed for management purposes. | |
| (b) System criteria. In the performance of this contract, the Contractor shall use-- | |
| | (1) An Earned Value Management System (EVMS) that complies with the EVMS guidelines in the American National Standards Institute/Electronic Industries Alliance Standard 748, Earned Value Management Systems (ANSI/EIA-748); and |
| | (2) Management procedures that provide for generation of timely, reliable, and verifiable information for the Contract Performance Report (CPR) and the Integrated Master Schedule (IMS) required by the CPR and IMS data items of this contract. |
| (c) If this contract has a value of $100 million or more, the Contractor shall use an EVMS that has been determined to be acceptable by the Cognizant Federal Agency (CFA). If, at the time of award, the Contractor's EVMS has not been determined by the CFA to be in compliance with the EVMS guidelines as stated in paragraph (b)(1) of this clause, the Contractor shall apply its current system to the contract and shall take necessary actions to meet the milestones in the Contractor's EVMS plan. | |
| (d) If this contract has a value of less than $100 million, the Government will not make a formal determination that the Contractor's EVMS complies with the EVMS guidelines in ANSI/EIA-748 with respect to the contract. The use of the Contractor's EVMS for this contract does not imply a Government determination of the Contractor's compliance with the EVMS guidelines in ANSI/EIA-748 for application to future contracts. The Government will allow the use of a Contractor's EVMS that has been formally reviewed and determined by the CFA to be in compliance with the EVMS guidelines in ANSI/EIA-748. | |
| (e) The Contractor shall submit notification of any proposed substantive changes to the EVMS procedures and the impact of those changes to the CFA. If this contract has a value of $100 million or more, unless a waiver is granted by the CFA, any EVMS changes proposed by the Contractor require approval of the CFA prior to implementation. The CFA will advise the Contractor of the acceptability of such changes as soon as practicable (generally within 30 calendar days) after receipt of the Contractor's notice of proposed changes. If the CFA waives the advance approval requirements, the Contractor shall disclose EVMS changes to the CFA at least 14 calendar days prior to the effective date of implementation. | |
| (f) The Government will schedule integrated baseline reviews as early as practicable, and the review process will be conducted not later than 180 calendar days after-- | |
| | (1) Contract award; |
| | (2) The exercise of significant contract options; and |
| | (3) The incorporation of major modifications. |
During such reviews, the Government and the Contractor will jointly assess the Contractor's baseline to be used for performance measurement to ensure complete coverage of the statement of work, logical scheduling of the work activities, adequate resourcing, and identification of inherent risks.
| (g) The Contractor shall provide access to all pertinent records and data requested by the Contracting Officer or duly authorized representative as necessary to permit Government surveillance to ensure that the EVMS complies, and continues to comply, with the performance criteria referenced in paragraph (b) of this clause. | | |
| (h) When indicated by contract performance, the Contractor shall submit a request for approval to initiate an over-target baseline or over-target schedule to the Contracting Officer. The request shall include a top-level projection of cost and/or schedule growth, a determination of whether or not performance variances will be retained, and a schedule of implementation for the rebaselining. The Government will acknowledge receipt of the request in a timely manner (generally within 30 calendar days). | | |
| (i) Significant deficiencies. (1) The Contracting Officer will provide an initial determination to the Contractor, in writing, on any significant deficiencies. The initial determination will describe the deficiency in sufficient detail to allow the Contractor to understand the deficiency. | | |
| (2) The Contractor shall respond within 30 days to a written initial determination from the Contracting Officer that identifies significant deficiencies in the Contractor's EVMS. If the Contractor disagrees with the initial determination, the Contractor shall state, in writing, its rationale for disagreeing. | |
| (3) The Contracting Officer will evaluate the Contractor's response and notify the Contractor, in writing, of the Contracting Officer's final determination concerning-- | |
| | (i) Remaining significant deficiencies; |
| | (ii) The adequacy of any proposed or completed corrective action; |
| | (iii) System noncompliance, when the Contractor's existing EVMS fails to comply with the earned value management system guidelines in the ANSI/EIA-748; and |
| | (iv) System disapproval, if initial EVMS validation is not successfully completed within the timeframe approved by the Contracting Officer, or if the Contracting Officer determines that the Contractor's earned value management system contains one or more significant deficiencies in high-risk guidelines in ANSI/EIA-748 standards (guidelines 1, 3, 6, 7, 8, 9, 10, 12, 16, 21, 23, 26, 27, 28, 30, or 32). When the Contracting Officer determines that the existing earned value management system contains one or more significant deficiencies in one or more of the remaining 16 guidelines in ANSI/EIA-748 standards, the Contracting Officer will use discretion to disapprove the system based on input received from functional specialists and the auditor. |
| (4) If the Contractor receives the Contracting Officer's final determination of significant deficiencies, the Contractor shall, within 45 days of receipt of the final determination, either correct the significant deficiencies or submit an acceptable corrective action plan showing milestones and actions to eliminate the significant deficiencies. | |
| (j) Withholding payments. If the Contracting Officer makes a final determination to disapprove the Contractor's EVMS, and the contract includes the clause at 252.242-7005, Contractor Business Systems, the Contracting Officer will withhold payments in accordance with that clause. | | |
| (k) With the exception of paragraphs (i) and (j) of this clause, the Contractor shall require its subcontractors to comply with EVMS requirements as follows: | | |
| (1) For subcontracts valued at $100 million or more, the following subcontractors shall comply with the requirements of this clause: | |
[Contracting Officer to insert names of subcontractors (or subcontracted effort if subcontractors have not been selected) designated for application of the EVMS requirements of this clause.]
(2) For subcontracts valued at less than $100 million, the following subcontractors shall comply with the requirements of this clause, excluding the requirements of paragraph (c) of this clause:
[Contracting Officer to insert names of subcontractors (or subcontracted effort if subcontractors have not been selected) designated for application of the EVMS requirements of this clause.]
| 5252.227-9507 | NOTICE REGARDING THE DISSEMINATION OF EXPORT-CONTROLLED TECHNICAL DATA (NAVAIR) (OCT 2005) | |
| (a) Export of information contained herein, which includes release to foreign nationals within the United States, without first obtaining approval or license from the Department of State for items controlled by the International Traffic in Arms Regulations (ITARS), or the Department of Commerce for items controlled by the Export Administration Regulations (EAR), may constitute a violation of law. | |
| (b) For violation of export laws, the contractor, its employees, officials or agents are subject to: | |
| | (1) Imprisonment and/or imposition of criminal fines; and |
| | (2) Suspension or debarment from future Government contracting actions. |
| (c) The Government shall not be liable for any unauthorized use or release of export-controlled information, technical data or specifications in this contract. | |
| (d) The contractor shall include the provisions or paragraphs (a) through (c) above in any subcontracts awarded under this contract. | |
| 5252.227-9511 | DISCLOSURE, USE AND PROTECTION OF PROPRIETARY INFORMATION (NAVAIR)(FEB 2009) |
| (a) During the performance of this contract, the Government may use an independent services contractor (ISC), who is neither an agent nor employee of the Government. The ISC may be used to conduct reviews, evaluations, or independent verification and validations of technical documents submitted to the Government during performance. |
| (b) The use of an ISC is solely for the convenience of the Government. The ISC has no obligation to the prime contractor. The prime contractor is required to provide full cooperation, working facilities and access to the ISC for the purposes stated in paragraph (a) above. |
| (c) Since the ISC is neither an employee nor an agent of the Government, any findings, recommendations, analyses, or conclusions of such a contractor are not those of the Government. |
| (d) The prime contractor acknowledges that the Government has the right to use ISCs as stated in paragraph (a) above. It is possible that under such an arrangement the ISC may require access to or the use of information (other than restricted cost or pricing data), which is proprietary to the prime contractor. |
| (e) To protect any such proprietary information from disclosure or use, and to establish the respective rights and duties of both the ISC and prime contractor, the prime contractor agrees to enter into a direct agreement with any ISC as the Government requires. A properly executed copy (per FAR 9.505-4) of the agreement will be provided to the Procuring Contracting Officer. |
| 5252.245-9520 | ASSOCIATE CONTRACTOR CLAUSE (NAVAIR) (OCT 2005) | |
| (a)(1) This clause is intended to ensure that there will be appropriate coordination/integration of work by the RSA associate contractors to ensure complete compatibility between equipment, data, and services for the RSA to prevent unnecessary duplication of effort and in order to maximize commonality. | |
| | (2) The price of this contract makes provision for the performance of the work called for in the Associate Contractor Agreements as required by this clause, in support of this contract. |
| (b) The Associate Contractors are as follows:___________________________________ | |
| (c) The contractor shall work and maintain close liaison with the associate contractors listed in paragraph (b) above. In order to assure accomplishment of this objective, the contractor shall enter into a written Associate Contractor Agreement with each of the other applicable associate contractors. | |
| (d) Each Associate Contractor Agreement between the contractor and an associate contractor shall provide for complete and unbiased exchange of technical information and interface data (data) relating to their detailed responsibilities and procedures. The following is a guide to be used in the development of each agreement: | |
| | (1) Identification of the data to be furnished among the associate contractors to facilitate procedures/schedules for the exchange of data. Descriptive detail of the data to be furnished or exchanged, with a specific date for delivery of each item thereof and containing such other mutual covenants and agreements that may be desirable or required to assure delivery or exchange of said data in a timely manner and in a condition suitable for use by the recipient. (For example, this may extend to all information pertaining and essential to the design, development, fabrication, test, interface, modification and installation of equipment and provision of services hereunder to the extent that each party may require such information to ensure the compatibility of their respective equipment, data and services.) |
| | (2) Services to be provided by one contractor to another (including such services as clerical support to visiting associate contractor personnel, unscheduled maintenance and technical support for equipment, etc.) to facilitate the performance of the respective contracts and the period(s) of time the services are to be provided to assure necessary interface actions and support activities. |
| | (3) The materials to be provided to each other by the respective contractors in performance. |
| | (4) The facilities and their location to be provided by each contractor to accommodate personnel assigned to provide the associate contractor's integration and support services, assurance of adequate working areas, power requirements, office space and communication equipment which are essential for timely completion of the integration/support services. |
| | (5) Delineation of respective interface responsibilities. |
| | (6) Provision for furnishing copies to communications relative to performance of associate contractor responsibilities. |
| (e) In the event this exchange of data results in the need to obtain access to proprietary information, the contractor agrees to include in the Associate Contractor Agreements the terms and conditions under which the contractor and associate contractors agree to exchange such proprietary information. The Contractor hereby agrees not to use, modify, reproduce, release, perform, display, or disclose such proprietary information unless specifically authorized in writing to do so under the Associate Contractor Agreements. | |
| (f) The Associate Contractor Agreements shall permit the exchange of data between the associate contractors. The Agreements shall be structured so that all contractors and associate contractors are obligated to protect proprietary information from all unauthorized use or disclosure for as long as such information remains proprietary. | |
| (g) "Proprietary Information" means information that embodies trade secrets developed at private expense or business, commercial, or financial information that is privileged or confidential provided that such information: | |
[_____] is not known or available from other sources without obligations concerning its confidentiality;
[_____] has not been made available by the owners to others without obligation concerning its confidentiality;
[_____] is not already available to the Government without obligation concerning its confidentiality; and [_____] has not been developed independently by persons who have had no access to the information.
| (h) Each Associate Contractor Agreement shall be submitted to the Government for review prior to execution. Following Government concurrence and execution by both associate contractors, each Associate Contractor Agreement may be made an attachment to this contract. The Associate Contractor Agreements are for information purposes only and shall not be subject to or governed by this contract. In the event of a conflict between the terms of this contract and terms of the aforesaid agreement, the terms of this contract shall control. |
| (i) Where the contractor and an associate contractor fail to agree upon action to be taken in connection with their respective responsibilities, each contractor shall promptly notify the cognizant PCO and furnish the contractor's recommendations for a solution. The contractor shall not be relieved of its obligations to make timely deliveries or be entitled to any other adjustment because of the contractor and its associate failure to: (1) resolve Associate Contractor Agreements disputes; (2) promptly refer matters to the PCO; or (3) to implement PCO directions. |
H-TXT-GFP RENT-FREE USE OF GOVERNMENT PROPERTY ACCOUNTABLE UNDER AN ALTERNATE GOVERNMENT CONTRACT (NAVAIR)(MAY 2016)
(a) Pursuant to FAR 45.301, authorization is granted to use the Government property identified below on a non-interference basis without rental charge in the performance of this contract and subcontracts of any tier issued hereunder. Government property currently accountable and managed under the following contracts:
See Attachment 5 Government Furnished Information, and Attachment 6 Government Furnished Equipment
Contract Number
| Nomenclature/ Description |
| Part/ Model/ Number |
| Mfg |
| Serial Number (Unique Item Identifier) |
| Quantity/ |
Unit of Issue Property provided “As Is” Yes/No
| (b) The said property shall be governed by the terms and conditions of the contract(s) under which it is accountable. |
| (c) The contractor is responsible for scheduling the use of the said property. The Government shall not be responsible for conflicts, delay or disruptions to any work performed by the contractor due to use of the property under this contract or any other contracts under which use of such property is authorized. |
Section I - Contract Clauses
| 52.202-1 |
| Definitions |
| NOV 2013 |
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-5 |
| Covenant Against Contingent Fees |
| MAY 2014 |
| 52.203-6 |
| Restrictions On Subcontractor Sales To The Government |
| SEP 2006 |
| 52.203-7 |
| Anti-Kickback Procedures |
| MAY 2014 |
| 52.203-8 |
| Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity |
| MAY 2014 |
| 52.203-10 |
| Price Or Fee Adjustment For Illegal Or Improper Activity |
| MAY 2014 |
| 52.203-12 |
| Limitation On Payments To Influence Certain Federal Transactions |
| OCT 2010 |
| 52.203-13 |
| Contractor Code of Business Ethics and Conduct |
| OCT 2015 |
| 52.203-14 |
| Display of Hotline Poster(s) |
| OCT 2015 |
| 52.204-2 |
| Security Requirements |
| AUG 1996 |
| 52.204-4 |
| Printed or Copied Double-Sided on Postconsumer Fiber Content Paper |
| MAY 2011 |
| 52.204-7 |
| System for Award Management |
| JUL 2013 |
| 52.204-8 |
| Annual Representations and Certifications |
| APR 2016 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| OCT 2015 |
| 52.204-13 |
| System for Award Management Maintenance |
| JUL 2013 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| OCT 2015 |
| 52.209-9 |
| Updates of Publicly Available Information Regarding Responsibility Matters |
| JUL 2013 |
| 52.210-1 |
| Market Research |
| APR 2011 |
| 52.211-5 |
| Material Requirements |
| AUG 2000 |
| 52.215-2 |
| Audit and Records--Negotiation |
| OCT 2010 |
| 52.215-8 |
| Order of Precedence--Uniform Contract Format |
| OCT 1997 |
| 52.215-21 |
| Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications |
| OCT 2010 |
| 52.215-23 |
| Limitations on Pass-Through Charges |
| OCT 2009 |
| 52.219-4 |
| Notice of Price Evaluation Preference for HUBZone Small Business Concerns |
| OCT 2014 |
| 52.219-9 |
| Small Business Subcontracting Plan |
| OCT 2015 |
| 52.219-16 |
| Liquidated Damages-Subcontracting Plan |
| JAN 1999 |
| 52.219-28 |
| Post-Award Small Business Program Rerepresentation |
| JUL 2013 |
| 52.222-1 |
| Notice To The Government Of Labor Disputes |
| FEB 1997 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-19 |
| Child Labor -- Cooperation with Authorities and Remedies |
| FEB 2016 |
| 52.222-20 |
| Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 |
| MAY 2014 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| APR 2015 |
| 52.222-26 |
| Equal Opportunity |
| APR 2015 |
| 52.222-35 |
| Equal Opportunity for Veterans |
| OCT 2015 |
| 52.222-36 |
| Equal Opportunity for Workers with Disabilities |
| JUL 2014 |
| 52.222-37 |
| Employment Reports on Veterans |
| FEB 2016 |
| 52.222-40 |
| Notification of Employee Rights Under the National Labor Relations Act |
| DEC 2010 |
| 52.223-6 |
| Drug-Free Workplace |
| MAY 2001 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| AUG 2011 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| JUN 2008 |
| 52.227-1 Alt I |
| Authorization And Consent (Dec 2007) - Alternate I |
| APR 1984 |
| 52.227-2 |
| Notice And Assistance Regarding Patent And Copyright Infringement |
| DEC 2007 |
| 52.227-10 |
| Filing Of Patent Applications--Classified Subject Matter |
| DEC 2007 |
| 52.229-3 |
| Federal, State And Local Taxes |
| FEB 2013 |
| 52.230-2 |
| Cost Accounting Standards |
| OCT 2015 |
| 52.230-6 |
| Administration of Cost Accounting Standards |
| JUN 2010 |
| 52.232-2 |
| Payments Under Fixed-Price Research And Development Contracts |
| APR 1984 |
| 52.232-8 |
| Discounts For Prompt Payment |
| FEB 2002 |
| 52.232-9 |
| Limitation On Withholding Of Payments |
| APR 1984 |
| 52.232-11 |
| Extras |
| APR 1984 |
| 52.232-16 |
| Progress Payments |
| APR 2012 |
| 52.232-17 |
| Interest |
| MAY 2014 |
| 52.232-23 |
| Assignment Of Claims |
| MAY 2014 |
| 52.232-25 |
| Prompt Payment |
| JUL 2013 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--System for Award Management |
| JUL 2013 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim |
| OCT 2004 |
| 52.239-1 |
| Privacy or Security Safeguards |
| AUG 1996 |
| 52.242-1 |
| Notice of Intent to Disallow Costs |
| APR 1984 |
| 52.242-3 |
| Penalties for Unallowable Costs |
| MAY 2014 |
| 52.242-13 |
| Bankruptcy |
| JUL 1995 |
| 52.243-1 Alt V |
| Changes--Fixed-Price (Aug 1987) - Alternate V |
| APR 1984 |
| 52.243-7 |
| Notification Of Changes |
| APR 1984 |
| 52.244-5 |
| Competition In Subcontracting |
| DEC 1996 |
| 52.244-6 |
| Subcontracts for Commercial Items |
| JUN 2016 |
| 52.245-1 Alt I |
| Government Property (Apr 2012) Alternate I |
| APR 2012 |
| 52.245-9 |
| Use And Charges |
| APR 2012 |
| 52.246-24 Alt I |
| Limitation Of Liability--High Value Items (Feb 1997) - Alternate I |
| APR 1984 |
| 52.246-25 |
| Limitation Of Liability--Services |
| FEB 1997 |
| 52.249-2 |
| Termination For Convenience Of The Government (Fixed-Price) |
| APR 2012 |
| 52.249-8 |
| Default (Fixed-Price Supply & Service) |
| APR 1984 |
| 52.252-2 |
| Clauses Incorporated By Reference |
| FEB 1998 |
| 52.253-1 |
| Computer Generated Forms |
| JAN 1991 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7001 |
| Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies |
| DEC 2008 |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| SEP 2013 |
| 252.203-7004 |
| Display of Fraud Hotline Poster(s) |
| OCT 2015 |
| 252.203-7005 |
| Representation Relating to Compensation of Former DoD Officials |
| NOV 2011 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7005 |
| Oral Attestation of Security Responsibilities |
| NOV 2001 |
| 252.205-7000 |
| Provision Of Information To Cooperative Agreement Holders |
| DEC 1991 |
| 252.209-7004 |
| Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism |
| OCT 2015 |
| 252.211-7007 |
| Reporting of Government-Furnished Property |
| AUG 2012 |
| 252.219-7003 |
| Small Business Subcontracting Plan (DOD Contracts)--Basic |
| MAR 2016 |
| 252.223-7004 |
| Drug Free Work Force |
| SEP 1988 |
| 252.225-7004 |
| Report of Intended Performance Outside the United States and Canada--Submission after Award |
| OCT 2015 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| FEB 2013 |
| 252.226-7001 |
| Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns |
| SEP 2004 |
| 252.227-7015 |
| Technical Data--Commercial Items |
| FEB 2014 |
| 252.227-7016 |
| Rights in Bid or Proposal Information |
| JAN 2011 |
| 252.227-7019 |
| Validation of Asserted Restrictions--Computer Software |
| SEP 2011 |
| 252.227-7025 |
| Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends |
| MAY 2013 |
| 252.227-7026 |
| Deferred Delivery Of Technical Data Or Computer Software |
| APR 1988 |
| 252.227-7027 |
| Deferred Ordering Of Technical Data Or Computer Software |
| APR 1988 |
| 252.227-7037 |
| Validation of Restrictive Markings on Technical Data |
| JUN 2013 |
| 252.228-7001 |
| Ground And Flight Risk |
| JUN 2010 |
| 252.228-7005 |
| Accident Reporting And Investigation Involving Aircraft, Missiles, And Space Launch Vehicles |
| DEC 1991 |
| 252.231-7000 |
| Supplemental Cost Principles |
| DEC 1991 |
| 252.235-7003 Alt I |
| Frequency Authorization (Mar 2014) - Alternate I |
| MAR 2014 |
| 252.239-7000 |
| Protection Against Compromising Emanations |
| JUN 2004 |
| 252.242-7006 |
| Accounting System Administration |
| FEB 2012 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 252.243-7002 |
| Requests for Equitable Adjustment |
| DEC 2012 |
| 252.244-7000 |
| Subcontracts for Commercial Items |
| JUN 2013 |
| 252.244-7001 Alt I |
| Contractor Purchasing System Administration (May 2014) --Alternate I |
| MAY 2014 |
| 252.245-7001 |
| Tagging, Labeling, and Marking of Government-Furnished Property |
| APR 2012 |
| 252.245-7002 |
| Reporting Loss of Government Property |
| APR 2012 |
| 252.245-7003 |
| Contractor Property Management System Administration |
| APR 2012 |
| 252.245-7004 |
| Reporting, Reutilization, and Disposal |
| MAR 2015 |
| 252.246-7001 Alt II |
| Warranty Of Data (Mar 2014) - Alternate II |
| MAR 2014 |
| 252.246-7003 |
| Notification of Potential Safety Issues |
| JUN 2013 |
| 252.246-7007 |
| Contractor Counterfeit Electronic Part Detection and Avoidance System |
| MAY 2014 |
| 52.216-16 | INCENTIVE PRICE REVISION-FIRM TARGET (OCT 1997) | | |
| (a) General. The supplies or services identified in the Schedule as Items [Contracting Officer insert Schedule line item numbers] are subject to price revision in accordance with this clause; provided, that in no event shall the total final price of these items exceed the ceiling price of [________] dollars ($ _____ ). Any supplies or services that are to be | | |
| | (1) ordered separately under, or otherwise added to, this contract and | |
| | (2) subject to price revision in accordance with the terms of this clause shall be identified as such in a modification to this contract. | |
| (b) Definition. “Costs”, as used in this clause, means allowable costs in accordance with Part 31 of the Federal Acquisition Regulation (FAR) in effect on the date of this contract. | | |
| (c) Data submission . | | |
| | (1) Within [Contracting Officer insert number of days] days after the end of the month in which the Contractor has delivered the last unit of supplies and completed the services specified by item number in paragraph (a) of this clause, the Contractor shall submit in the format of Table 15-2, FAR 15.408, or in any other form on which the parties agree -- | |
| | | (i) A detailed statement of all costs incurred up to the end of that month in performing all work under the items; |
| | | (ii) An estimate of costs of further performance, if any, that may be necessary to complete performance of all work under the items; |
| | | (iii) A list of all residual inventory and an estimate of its value; and |
| | | (iv) Any other relevant data that the Contracting Officer may reasonably require. |
| | (2) If the Contractor fails to submit the data required by subparagraph (c)(1) of this clause within the time specified and it is later determined that the Government has overpaid the Contractor, the Contractor shall repay the excess to the Government immediately. Unless repaid within 30 days after the end of the data submittal period, the amount of the excess shall bear interest, computed from the date the data were due to the date of repayment, at the rate established in accordance with the Interest clause. | |
| (d) Price revision. Upon the Contracting Officer’s receipt of the data required by paragraph (c) of this clause, the Contracting Officer and the Contractor shall promptly establish the total final price of the items specified in (a) of this clause by applying to final negotiated cost an adjustment for profit or loss, as follows: | | |
| | (1) On the basis of the information required by paragraph (c) of this clause, together with any other pertinent information, the parties shall negotiate the total final cost incurred or to be incurred for supplies delivered (or services performed) and accepted by the Government and which are subject to price revision under this clause. | |
| | (2) The total final price shall be established by applying to the total final negotiated cost an adjustment for profit or loss, as follows: | |
| | | (i) If the total final negotiated cost is equal to the total target cost, the adjustment is the total target profit. |
| | | (ii) If the total final negotiated cost is greater than the total target cost, the adjustment is the total target profit, less [Contracting Officer insert percent] percent of the amount by which the total final negotiated cost exceeds the total target cost. |
(iii) If the final negotiated cost is less than the total target cost, the adjustment is the total target profit plus [Contracting Officer insert percent] percent of the amount by which the total final negotiated cost is less than the total target cost.
| (e) Contract modification . The total final price of the items specified in paragraph (a) of this clause shall be evidenced by a modification to this contract, signed by the Contractor and the Contracting Officer. This price shall not be subject to revision, notwithstanding any changes in the cost of performing the contract, except to the extent that -- | | |
| (1) The parties may agree in writing, before the determination of total final price, to exclude specific elements of cost from this price and to a procedure for subsequent disposition of those elements; and | |
| (2) Adjustments or credits are explicitly permitted or required by this or any other clause in this contract. | |
| (f) Adjusting billing prices . | | |
| (1) Pending execution of the contract modification (see paragraph (e) of this clause), the Contractor shall submit invoices or vouchers in accordance with billing prices as provided in this paragraph. The billing prices shall be the target prices shown in this contract. | |
This is the start of the file's text. The full file is on GovTribe.
