Attachment 0009 Section H SPECIAL CONTRACT REQUIREMENTS 10 Dec 2020.pdf

SPECIAL CONTRACT REQUIREMENTS-SECTION “H”

H-1. PAYMENT OF COSTS AND FEE

a. The Government will fund the CLINs for Material, Travel, and Other Direct Costs (ODC) on an as needed basis, for the sole purpose of reimbursing Material, Travel and ODC at cost to include any applicable indirect rates/burdens in accordance with the contractor's normal accounting practice, exclusive of fee as these CLINs are cost reimbursable.

b. In consideration of the Labor effort described herein, the contractor will receive reimbursement for Costs and a Fixed Fee in accordance with FAR 52.216-7, entitled "Allowable Cost and Payment" and FAR 52.216-8, entitled "Fixed Fee". Vouchers for incremental payment of the Fixed Fee may be prorated by the contractor and billed subject to the withholding and other provisions of the contract. Vouchers covering incurred cost may be billed on a biweekly basis subject to limitation of costs. Payment of the entire amount of the Fixed Fee shall be based upon delivery of the man-hours of Direct Labor.

H-2. EXERCISE OF OPTIONS

a. The Government may, at its discretion, unilaterally exercise all, or any portion thereof, the option quantities for the CLINs listed below within the established exercise periods. The options may be incrementally funded and exercised.

(Other Direct Cost=ODC) (Cost Reimbursable=CR)

b. Option Exercise Periods are as follows:

CLIN SHORT TITLE EXERCISE PERIOD

2209AA FY22 Engineering Services Option Contract Award – 30 Sep 22 2210AA FY22 Logistics Services Option Contract Award – 30 Sep 22 2211AA FY22 CR Material Option Contract Award – 30 Sep 22 2212AA FY22 CR ODC/Travel Option Contract Award – 30 Sep 22

2309AA FY23 Engineering Services Option 1 Oct 22 – 30 Sep 23 2310AA FY23 Logistics Services Option 1 Oct 22 – 30 Sep 23 2311AA FY23 CR Material Option 1 Oct 22 – 30 Sep 23 2312AA FY23 CR ODC/Travel Option 1 Oct 22 – 30 Sep 23

2409AA FY24 Engineering Services Option 1 Oct 23 – 30 Sep 24 2410AA FY24 Logistics Services Option 1 Oct 23 – 30 Sep 24 2411AA FY24 CR Material Option 1 Oct 23 – 30 Sep 24 2412AA FY24 CR ODC/Travel Option 1 Oct 23 – 30 Sep 24

2509AA FY25 Engineering Services Option 1 Oct 24 – 30 Sep 25 2510AA FY25 Logistics Services Option 1 Oct 24 – 30 Sep 25 2511AA FY25 CR Material Option 1 Oct 24 – 30 Sep 25 2512AA FY25 CR ODC/Travel Option 1 Oct 24 – 30 Sep 25

2609AA FY26 Engineering Services Option 1 Oct 25 – 30 Sep 26 2610AA FY26 Logistics Services Option 1 Oct 25 – 30 Sep 26 2611AA FY26 CR Material Option 1 Oct 25 – 30 Sep 26 2612AA FY26 CR ODC/Travel Option 1 Oct 25 – 30 Sep 26

2613AA 6 Month Engineering Services Option 1 Oct 26 – 31 Mar 27 2614AA 6 Month Logistics Services Option 1 Oct 26 – 31 Mar 27 2615AA 6 Month CR Material Option 1 Oct 26 – 31 Mar 27 2616AA 6 Month CR ODC/Travel Option 1 Oct 26 – 31 Mar 27

c. Aside from the base award, there may be options exercised in FY22 under CLINs 2209, 2210, 2211 and 2212. These annual options may be exercised at or after award.

d. Any quantities (From the Base year or Option years) not exercised shall be available for exercise in any later option period at the unit price applicable to the later CLIN. This carry-over of unexercised option quantities shall be cumulative.

e. The Government reserves the unilateral right to reallocate hours for the purpose of aligning the hours with the required effort at the composite rate applicable to the CLIN(s) for the current exercise period.

H-3. GOVERNMENT FURNISHED FACILITIES/PROPERTY/MATERIAL/EQUIPMENT

a. The Government may furnish the contractor for use in the performance of this contract such additional Government-owned property, facilities, and material as the contracting officer deems necessary, subject to provision of the clause of this contract entitled, "Government Property" FAR 52.245-1 and "Use and Charges" FAR 52.245-9.

b. It is agreed that the Government will have the right to furnish any additional property necessary for the performance of the work hereunder and not otherwise contemplated by other provisions of this contract. As a result of such increase, there shall be negotiated an equitable adjustment to affected provisions of the contract and contract price in an amount equivalent to the fair and reasonable value to the contractor for similar items previously ordered by the contractor and replaced by such Government furnished property, and any costs as may be properly reimbursable under related facilities contract. Failure to agree on the amount of such equitable adjustment shall be deemed to be a question of fact within the meaning of the "Dispute" clause of this contract.

c. Prior to returning hardware to the Government or before assigning to another contract, the contracting officer's technical representative, in coordination with the Defense Contract Management Agency (DCMA), shall determine required rework, repair or modification to return GFP to "as received" condition.

d. All disposal of GFP must be coordinated and approved by the Procuring Contracting Officer, Army Contracting Command-Redstone Arsenal, under this contract.

H-4. LETTER OF INSTRUCTION

Guidance, instructions, and interpretation of specifications will be furnished in serially numbered letters of instructions (LOIs) issued by the designated technical representative. If the contractor receives a directive that, in the opinion of the contractor, alters the contract or causes a change in the total cost of the contract, the contractor shall refuse to accept the direction and refer the matter to the contracting officer by official correspondence.

H-5. SOURCE MATERIAL, EQUIPMENT PUBLICATIONS

All source material generated to fulfill the requirements of this SOW shall be delivered if directed by the Contracting Officer, including artwork, via digital media to Project Manager, TAGM Project Office, ATTN: SFAE-MSL-TA, Redstone Arsenal, AL 35898-5750, and duplicate data shall be retained by the contractor for use in maintaining the publications up-to-date in accordance with the SOW.

H-6. SECURITY REQUIREMENTS

The material shall be marked and packaged using applicable security regulations. The degree of classification shall be in accordance with the attached Improved Target Acquisition System/ Improved Bradley Acquisition Sub-System (ITAS/IBAS) Security Classification Guide.

H-7. IBAS ENGINERING SERVICES CLEARANCES AND IDENTIFICATION

The contractor shall be responsible for obtaining necessary security clearances and identification for contractor personnel. Contractor personnel shall possess the level of clearance required by the SOW and DD Form 254. Further, the U.S. Government will not incur any costs while the contractor obtains the required clearances for their personnel.

H-8. IBAS ENGINEERING SERVICES DOCUMENT RELEASES

The controlling authority for release of documents produced by this contract (beyond the distribution required by the contract) is the requiring activity's designated representative in coordination with the contracting officer.

H-9. IBAS ENGINEERING SERVICES TECHNICAL LIAISON AND SURVEILLANCE

a. Performance by the contractor of the technical aspects of the engineering Services effort will be under the cognizance of the TAGM Project Office ATTN: SFAE-MSL-TAL. All technical surveillance of the contractor, within the scope of this contract, will be furnished by the TAGM Project Office, ATTN; SFAE-MSL-TAE, Redstone Arsenal, AL 35898-5710.

b. No change in the scope or within the scope of this contract, which would effect a change in any term, or provision of this contract, shall be made, except by a modification executed by the contracting officer. The contractor shall insure that all contractor personnel are knowledgeable and cognizant of this contract provision. Changes to this contract effort accepted and performed by contractor personnel outside of the contract without specific authorization of the contracting office shall be the responsibility of the contractor.

H-10. IBAS ENGINEERING SERVICES TECHNICAL DATA AND COMPUTER SOFTWARE

BASELINE

a. The purpose of this section is to provide baseline information for application of the validation of rights restriction provisions of DFARS 252.227-7037 and 252.227-7019. This is accomplished by requiring for the identified CDRL DD-1423 items below a starting point version of any data deliverable for which the contractor has asserted that the deliverable will be delivered to the Government with less than Unlimited Rights as defined in DFARS 252.227- 7013 and 252.227-7014. Only data supported by a CDRL and OMB approved Data Item Description are required as part of the data rights baseline. Except for required and authorized legends, e.g., an Export Control warning, a DFARS 252.227-7013 or 252.227-7014 legend, or other marking specified in a DD 1423, the data shall be in contractor format as it existed prior to the start of performance under the contract. The data rights baseline data shall be used as a basis for determining the degree of changes made to the designs of non-commercial items, components, processes and software during the course of the contract. For the purpose of this section, the term contractor means the prime contractor and all subcontractors at any tier.

b. The contractor shall furnish the data rights baseline not later than 90 days after contract award.

c. For ICPs or software which the contractor selects for the system after contract award, the contractor shall furnish, not later than 45 days after adoption, supplemental data rights baseline data existing at the time of adoption upon which the contractor will rely to substantiate claims for less than Unlimited rights in data or software to be delivered under the contract.

d. Contractor may, optionally, provide as part of the data rights baseline other data that it believes supports its assertions of restrictions on Government rights in data.

e. This section does not apply to items or components that are commercially available from more than one source or to commercially available software.

f. All data rights baseline data shall be marked in conformance with DFARS 252.227-7013 and 252.227-7014.

g. The provisions of this section shall be included in all subcontracts at all tiers.

H-11. INTERACTIVE ACCESS TO CONTRACT DATA REQUIREMENTS

The contractor shall develop, implement, and maintain a Contractor Integrated Technical Information Service (CITIS) for the generation, integration, storage, and on-line viewing and retrieval of digitized data. This capability shall be web accessible with 128 bit encryption and be operational upon contract award and shall continue throughout the period of performance of this contract, to include any options exercise. Continuous on-line access shall be provided Monday through Friday from 8:00 a.m. to 5:30 p.m. Central Time, excluding Federal holidays. The contractor shall respond to the TAGM Project Office within 2 hours of a notified problem and shall correct the problem within a maximum of 24 hours downtime from the time the contractor is telephonically notified by the Government that the system is inoperable. All contract data requirements and the contractor's technical documentation associated with the performance of the contract shall be available for Government on-line review. The CITIS shall include a data index and version control, to include protection against unauthorized changes, for all documentation. The CITIS shall be used by the Integrated Product Teams (IPTs) to facilitate data interchange and review and shall be accessible to any other personnel designated by TAGM Project Office. The TAGM Project Office shall have exclusive control over the assignment of password controls for Government and authorized support contractor users.

Data appearing on the CITIS shall be archived and accessed IAW SOW paragraph 4.0.

H-12. JUSTIFICATION OF RESTRICTIVE MARKING ON TECHNICAL DATA AND

COMPUTER SOFTWARE

When the contractor intends to deliver technical data or computer software with restrictive markings, the requirements of subpart (e) of the Rights in Technical Data-Noncommercial Items clause at DFARS 252.227-7013 and subpart (e) of the Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation clause at DFARS 252.227- 7014 are in effect. As provided in paragraph (e)(4) of the above cited DFARS clauses, the Contracting Officer hereby requires that the contractor provide information justifying the proposed restrictive markings along with the attachments defined in paragraph (e)(3) of the above cited DFARS clauses fourteen (14) days prior to placing restrictive markings on technical data or computer software.

H-13. NONDISCLOSURE AGREEMENTS

During performance of this contract, it may be necessary for the contractor to exchange data and interface with Government support contractors. The contractor agrees to negotiate in good faith any nondisclosure agreements required with such support contractors.

H-14. NOTIFICATION OF PERSONNEL CHANGES

The contractor shall notify the TAGM Project Office of any personnel changes involving the contractor's Engineering Services Manager, Interim Contractor's Support (ICS) Manager, and Field Service Representatives (FSRs) 30 days in advance, except in times of emergencies (i.e. illness of FSR, death in family, etc.) or other uncontrollable circumstances.

H-15. COMMONALITY

The contractor shall maintain the minimum commonality baseline (MCB) the IBAS shares with the ITAS, as defined below. Any and all changes impacting items identified by the MCB, to include tactical hardware, software, BIT/BITE, factory test equipment, and depot level test equipment shall require specific approval by both IBAS producers; the ITAS producer; and final approval by the TAGM Project Office prior to incorporation into the contractor's engineering data package (EDP) and/or deliverable product. The contractor shall provide verification data concurrent with any and all proposed changes, to include testing for any and all changes to the MCB that addresses both the IBAS and ITAS use environments.

ITAS/IBAS FRP Minimum Commonality Baseline

ITAS Fire Control Subsystem (FCS) / IBAS Missile Control Subsystem (MCS)

Specification Item P/N

MIS-PRF-53182 HPSPM (QUAD C-40) CCA 13582747

MIS-PRF-53184 1553 Processor CCA 13582748 MIS-PRF-52663 Global Memory Module (CCA) 13493050 MIS-PRF-53186 DAS Interface Card CCA 13582795

MIS-PRF-53185 MIM CCA 13588709

MIS-PRF-53183 FCS Power Supply CCA 13586629

ITAS Target Acquisition Subsystem (TAS) and IBAS LOWER TAS

Specification Item P/N

MIS-PRF-53189 DC Xenon Tracker Assy (XTA) 13587687

All parts in this list are common among legacy IBAS, ITAS and STRYKER (exception is recent ITAS Common Processor Upgrades, the IBAS MCSU and new STRYKERS using Common Processor).

Legacy ITAS is out of production. Any new ITAS would use Common Processor which leaves only the MIM CCA and the DC Xenon Tracker commonality.

If IBAS goes to MCSU then MIM CCA and DC Xenon Tracker will be only remaining commonality.

STRYKER continues to use all items in MCB above except for a few new STRYKERS that use Common Processor.

H-16. SAFETY REQUIREMENTS

Ammunition and Explosives. All dangerous material facilities and operations shall use DOD 4145.26M for privately owned, privately operated (POPO) contractor facilities and AR 385-10 (Safety Manual) for Government-owned, contractor-operated (GOCO) facilities. If these facilities are owned by military services other than the Army, their safety regulations may be substituted for AR 385-10.

H-17. EXPORT CONTROL ACT WARNING

All data that requires Export Control Act warning as specified on each DD Form 1423 and its respective distribution statement, shall contain the following statement:

"WARNING This document contains technical data whose export is restricted by the Arms Export Control Act (Title 22, U. S. C., Sec 2751, et seq) or the Export Administration Act of 1979, as amended, Title 50 U.S.C., App. 2401, et seq. Violations of these export laws are subject to severe criminal penalties. Disseminate in accordance with provisions of DOD Directive 5230.25."

H-18. CONTRACTOR DEPLOYMENT

The contractor shall be required to perform during crisis situations, if directed, including war or a state of emergency. Crisis situations may be determined by the Theater commander or when defense readiness condition (DEFCON) level three (3) is declared for that area.

H-19. THE TECHNICAL MANAGER AND CONTRACTING OFFICER NOTIFICATION

The contractor shall notify the Technical Manager and Contracting Officer within five (5) working days in the event that any approved Technical Directive (TD) approaches 75% of the allocated dollar value. The Technical manager will coordinate with the Contracting Officer to determine if the effort should be redirected under another TD or have the funding supplemented for that TD through a contract modification if appropriate. Additionally, the contractor shall notify the Technical manager in the event that any approved sub-TD approaches its specifically Established threshold of the allocated dollar value. The contractor shall notify the Technical manager and Contracting officer within two working days when overruns are projected to either a TD or to a sub-TD.

H-20. MINIMUM SMALL BUSINESS PARTICIPATION GOALS

a. Actual participation data (i.e., total Small Business Participation amount and actual amounts per the subcategories) shall be submitted in writing to the Contracting Officer semi-annually from the date of contact award. If, at any time during contract performance, the Contracting Officer determines that Small Business Participation levels are not being maintained at or above the goal, the contractor will be required to submit a plan for reallocating resources in a manner that will ensure the goals will be met. The reallocation plan should be submitted not later than 15 days after notice from the Contracting Officer and implementation should begin within 20 days thereafter.

b. Small Business Reporting: IAW FAR 52.219(d)(10)(Alternate III), the selected Contractor (Large Business Only) will be required to submit documentation of Small Business subcontracting through the electronic Subcontracting Reporting System (eSRS). In addition to any other Small Business reporting requirement, if the Prime Contractor is a Joint Venture or Partnership comprised of a Small Business concern, the Prime Contractor is required to submit in writing, semi-annually, to the Contracting Officer, the portion of the requirement that the Partnership/Joint Venture receives.

H-21. TECHNICAL DIRECTIVES (TD’s)

a. Definition of a Technical Directive (TD). A TD is a document which "provides the necessary effort to accomplish any task within the provisions of the Statement of Work (SOW) including the manufacture and procurement of hardware as required for test or check-out of proposed design changes. Per Attachment 0001 SOW 3.3.3.1

b. A TD contains an estimate of the labor hours, travel, material and ODC required to accomplish the task(s) contained within the TD.

c. A TD contains the necessary effort to accomplish any task within the provisions of the SOW, and is not meant to modify the scope of the contract. Per Attachment 0001 SOW 3.3.3.1

d. How TDs will be issued. The contractor shall submit IAW A017 DI-MISC-80748, upon direction of the technical manager, a TD to provide the necessary effort to accomplish any task within the provisions of this SOW including the manufacture and procurement of hardware as required for test or check-out of proposed design changes. The contractor shall submit proposed TDs to the Government (for review and approval) to determine the need, system impact, and desirability for the proposed effort." Since, IAW the SOW the TD will be submitted by the contractor, there is no need for a draft to be issued for the contractor's review.

e. If it becomes necessary to make any addition, deletion, or revision to a TD, the contractor shall prepare and submit (for Government review and approval) a revised TD IAW A017 DI- MISC-80748. The revised TD shall be complete and shall be assigned the original TD number with a suffix letter (A, B, and so-on) to denote the revision." There is no timeframe for the submission of a revision.