Attachment_0026_-_Section_H_Special_Contract_Requirements_(West).pdf

W58RGZ‐16‐R‐0271

Attachment 0026

09 March 2018

ATTACHMENT 0026 SPECIAL CONTRACT REQUIREMENTS

H-1 OPTION EXERCISE CLAUSE (AFM-WEST)

1. The Government reserves the right to exercise the options herein in accordance with its requirements for services and/or hardware provided under the option CLINs.

2. The Government may exercise the options by issuing a unilateral modification to the contract, executed by the Contracting Officer, specifying the CLIN(s) and dollar value of each option exercised.

3. In accordance with FAR 52.217-8, the Government may extend the performance of services of the contract by written notice to the contractor. The Government may unilaterally exercise the option CLINs. The Government is not obligated to exercise any of the options.

4. In accordance with FAR 52.217-9, the Government may extend the term of the contract by written notice to the contractor at any time prior to the expiration of the current period of performance. The Government may unilaterally exercise the option CLINs. The Government is not obligated to exercise any of the options.

5. The Government may exercise the options more than once during the option exercise period. Initial option exercise of CLINs during an option exercise period shall be at no less than the minimum quantity stated for the CLIN.

a. Program Management

This section applies to CLINs 2000, 2100, 2200, 2300, 2400, 2500, 2600 and 2700. Option exercise of the Program Management CLIN in any option exercise period shall be at the price corresponding in section B.

b. Cost Plus Fixed Fee Level of Effort – Reset

This section applies to CLINs 2010, 2110, 2210, 2310, 2410, 2510, 2610, and 2710. The Government may exercise options for the above numbered line items at the prices/rates stated in Section B. These CLINs shall have no minimum, nor maximum limitations placed on the number of hours that can be exercised in an option exercise period. The Government may exercise the options more than once during any option exercise period. The period of performance for these CLINS shall be specified in the option exercise. Also see section 6 (Level of Effort – Cost Plus Fixed Fee Term Option).

c. Material & Non-Material and Travel (Support for CPFF LOE – Reset)

This section applies to CLINs 2011, 2111, 2211, 2311, 2411, 2511, 2611, and 2711 for Material & Non-Material and CLINs, 2012, 2112, 2212, 2312, 2412, 2512, 2612, and 2712 for Travel. The Government may exercise options for the above numbered line items at amounts based on the Governments anticipated costs for these items during any given program year. These CLINS shall have no minimum or maximum limitations.

d. Fixed Hourly Rates (T&M labor for MWO, LRC/CAB Passback/TSC, etc..)

This section applies to CLINs 2020, 2120, 2220, 2320, 2420, 2520, 2620 and 2720. The Government may exercise options for the above numbered line items at the prices/rates stated in the pricing template attached to the RFP (Attachment 0010). Other than the stated ceiling price of TBD, this CLIN shall have no minimum, nor maximum limitations placed on the number of hours that can be exercised. The Government may exercise the options more than once during any option exercise period. Option exercise of the CLIN in any option exercise period will be at the rates listed in the pricing template (Attachment 0010). The period of performance for these CLINS shall be specified in the option exercise.

e. Material & Non-Material and Travel (Support for T&M Labor)

This section applies to CLINs 2021, 2121, 2221, 2321, 2421, 2521, 2621, and 2721 for Material & Non-Material and CLINs, 2022, 2122, 2222, 2322, 2422, 2522, 2622, and 2722 for Travel. The Government may exercise options for the above numbered line items at amounts based on the Governments anticipated costs for these items during any given program year. These CLINS shall have no minimum or maximum limitations.

f. Cost Plus Fixed Fee Level of Effort – Contingency Ops

This section applies to CLINs 2030, 2130, 2230, 2330, 2430, 2530, 2630, and 2730. The Government may exercise options for the above numbered line items at the prices/rates stated in Section B. These CLINs shall have no minimum, nor maximum limitations placed on the number of hours that can be exercised in an option exercise period. The Government may exercise the options more than once during any option exercise period. The period of performance for these CLINS shall be specified in the option exercise. Also see section 6 (Level of Effort – Cost Plus Fixed Fee Term Option).

g. Material & Non-Material and Travel (Support for CPFF LOE – Contingency Ops)

This section applies to CLINs 2031, 2131, 2231, 2331, 2431, 2531, 2631, and 2731 for Material & Non-Material and CLINs, 2032, 2132, 2232, 2332, 2432, 2532, 2632, and 2732 for Travel. The Government may exercise options for the above numbered line items at amounts based on the Governments anticipated costs for these items during any given program year. These CLINS shall have no minimum or maximum limitations.

h. Cost Plus Fixed Fee Level of Effort – FMS

This section applies to CLINs 2040, 2140, 2240, 2340, 2440, 2540, 2640, and 2740. The Government may exercise options for the above numbered line items at the prices/rates stated in Section B. These CLINs shall have no minimum, nor maximum limitations placed on the number of hours that can be exercised in an option exercise period. The Government may exercise the options more than once during any option exercise period. The period of performance for these CLINS shall be specified in the option exercise. Also see section 6 (Level of Effort – Cost Plus Fixed Fee Term Option).

i. Material & Non-Material and Travel (Support for CPFF LOE – FMS)

This section applies to CLINs 2041, 2141, 2241, 2341, 2441, 2541, 2641, and 2741 for Material & Non-Material and CLINs, 2042, 2142, 2242, 2342, 2442, 2542, 2642, and 2742 for Travel. The Government may exercise options for the above numbered line items at amounts based on the Governments anticipated costs for these items during any given program year. These CLINS shall have no minimum or maximum limitations.

j. Contractor Manpower Reporting

This section applies to CLINs 2050, 2150, 2250, 2350, 2450, 2550, 2650 and 2750. Option exercise of the Contractor Manpower Reporting CLIN in any option exercise period will be at the price corresponding in section B. The Contractor Manpower Reporting CLIN will be exercised only once in any given Ordering Period/Option Exercise Period. The option exercise shall state the required delivery schedule.

k. Transition In And Transition Out

This section applies to CLINs 2060, 2070, 2170, 2270, 2370, 2470, 2570, 2670, and 2770. Option exercise of the Transition In and Transition Out CLINs in any option exercise period will be at the price corresponding in section B.

Each CLIN will be exercised only one time during the contract period.

Subsequent option exercise would occur only if a break in performance occurred.

l. CDRL, DD Form 1423

This section applies to CLINs A080, A180, A280, A380, A480, A580, A680, and A780. Option exercise of the CDRL, DD Form 1423 CLIN in any option exercise period will be at the price corresponding in section B (NSP). The CDRL, DD Form 1423 CLIN for AFM-West will be exercised only once during the contract period (subsequent option exercise may occur if the option to extend services is exercised). The option exercise shall state the required delivery schedule.

6. Level of Effort (Cost Plus Fixed Fee Term Option)

a. The level of effort estimated to be ordered during the option period stated below includes man-hours of direct labor detailed below including authorized subcontractor labor, if any. The contractor shall not, under any circumstances, exceed the ceiling price (cost plus fee) specified in this option. The estimated composition of the total man-hours of direct labor by classification is as follows (the Government will provide the labor skill mix and quantity prior to each option):

Labor Category & Regular Man-hours [insert the man-hours per labor category] Total cost for Regular Man-hours [insert dollar amount] Total fee for Regular Man-hours [insert dollar amount]

Labor Category & Overtime Man-hours [insert the man-hours per labor category] Total cost for Overtime Man-hours [insert dollar amount] Total fee for Overtime Man-hours [insert dollar amount]

Total Option Price [insert dollar amount]

Period of Performance [insert from and to dates]

Country of Performance [insert country name]

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 options. 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 hours of the term option is actually expended by the completion date of the contract (or if said Level of Effort has been previously revised upward, or the fee bearing portion of the additional hours by which the Level of Effort was last increased), the Government shall have the option of 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 hours.

d. The Contractor shall notify the Procuring Contracting Officer immediately in writing whenever it has reason to believe that:

(1) The level of effort hours the Contractor expects to incur under any term option in the next 60 days, when added to the level of effort previously expended in the performance of that option, will exceed seventy-five (75%) percent of the level of effort hours established for that option; or

(2) The level of effort hours required to perform a particular term option will be greater than the level of effort established for that option.

As part of the notification, the Contractor shall provide the Contracting Officer a revised estimate of the level of effort hours required to perform the option. As part of the notification, the Contractor also shall submit any proposal for adjustment to the estimated cost and fixed fee that it deems would be equitable if the Government were to increase the level of effort as proposed by the Contractor.

e. In performing term options, the contractor may not exceed the specified labor hours in each labor category.

f. Within thirty days after completion of the work under each term option, the Contractor shall submit the following information directly, in writing, to the Contracting Officer, with copies to the COR and the Defense Contract Audit Agency office to which vouchers are submitted:

(1) The total number of man-hours of direct labor, including subcontract labor, expended and a breakdown of this total showing the number of man-hours expended in each direct labor classification listed in the option , including the identification of the key employees utilized;

(2) The Contractor's estimate of the total allowable cost incurred under the task order; and

(3) In the case of a cost under run, the amount by which the estimated cost of the option may be reduced to recover excess funds.

g. In the event that the expended level of effort hours of a term option exceeds the established level of effort hours by ten (10%) percent or less, but does not exceed the estimated cost of the option; the contractor shall be entitled to cost reimbursement for actual hours expended, not to exceed the ceiling cost. The contractor shall not be paid fixed fee, however, on level of effort hours in excess of one hundred (100%) percent without complying with subsection (d) above. This understanding does not supersede or change subsection (d) above, whereby the contractor and Government may agree on a change to the option level of effort with an equitable adjustment for both cost and fee.

h. CPFF LOE provides for payment to the contractor of a negotiated fee amount (dollars) that is fixed at the inception of the contract. The contractor must deliver a specified level of effort (hours or end item such as a report) as a condition of payment of the full fee. The fixed fee does not vary with actual cost, but it may be adjusted as a result of changes in the work to be performed under the contract. As stated in the Code of Federal Regulations 1352.216-71, if actual hours incurred falls within 90 to 110 percent of the estimated hours, the fee shall not be adjusted. In the event that the contractor shall be required to provide less than 90 percent of the estimated labor hours, the fixed fee of the contract shall be equitably adjusted by unilateral modification to the contract. The fixed fee adjustment shall be based solely upon the difference between the labor hours actually provided and 90 percent of the estimated labor hours (Adjusted Fixed Fee = (Actual DPLH/(.9 x Estimated DPLH)) x Specified Fixed Fee). In the event that the contractor shall be required to provide more than 110 percent of the estimated labor hours, the fixed fee of the contract shall be equitably adjusted by unilateral modification. The fixed fee adjustment shall be based solely upon the difference between the labor hours actually provided and 110 percent of the estimated labor hours (Adjusted Fixed Fee = (Actual DPLH/(1.1 x Estimated DPLH)) x Specified Fixed Fee).

7. Liability Provision:

The Government is not guaranteeing the procurement of any Options within this contract. Options included in this contract may be independently exercised unless otherwise specifically noted in the contract. Failure to exercise any option under this contract will not cause the Government to incur any additional obligation or liability for preceding Option Exercise Periods.

8. Options within this contract may be exercised at the prices established in Section B to satisfy Army, Army National Guard (ARNG), Army Reserve (USAR), other Department of Defense (DoD) Agencies, other Government Agencies, and Foreign Military Sales (FMS) customers. Each option exercise shall state the required delivery schedule.

H-2 52.243-4000 ENG CHG PROPOSAL, VALUE ENG CHG PROPOSAL, REQUEST FOR

DEVIATION, REQUEST FOR VARIANCE, ENG RELEASE RECORDS, NOTICE OF REVISION, &

SPECIFICATION CHG NOTICE PREPARATION AND SUBMISSION INSTRUCTIONS 01-MAR-2011

1. Contractor initiated Engineering Change Proposals (ECPs), Value Engineering Change Proposals (VECPs), Request for Deviations (RFDs), and Request for Variance (RFVs), collectively referred to as "proposals", shall be prepared, submitted and distributed in accordance with paragraphs 2, 3 and 4 below except as specified in paragraph 5 below.

2. Format.

a. Class 1 ECPs require the "Long Form Procedure" for documenting the change and describing the effects of the change on the suitability and supportability of the Configuration Item (CI). Class I ECPs should be limited to those that are necessary or offer significant benefit to the Government.

Class I ECPs are those that affect the performance, reliability, maintainability, survivability, weight, balance, moment of inertia, interface characteristics, electromagnetic characteristics, or other technical requirements in the specifications and drawings. Class I ECPs also include those changes that affect Government Furnished Equipment, safety, compatibility, retrofit, operation and maintenance manuals, interchangeability, substitutability, replaceability, source control specifications and drawings, costs, guarantees or warranties, deliveries, or schedules. Class II ECPs are those that do not affect form, fit and function, cost, or schedule of the system CI and do not meet the other criteria described above for Class I ECPs.

b. Long Form Procedure: Class I changes to the CI require that RDMR Form 523, pages 1 through 7 (as applicable), be prepared. Use of this procedure assures that all effects of the change on the CI are properly addressed and documented to the necessary detail to allow proper evaluation of the proposed change.

c. Short Form Procedure: ECPs and VECPs, which meet the requirements of Class II ECPs, shall be prepared using RDMR Form 523 (page 1 only). Supplemental pages may be used with the form as necessary. The responsible Contract Management Office (CMO) will enter the appropriate data in Block 5 "Class of ECP", Block 6 "Justification Codes", and Block 7 "Priority."

d. The Contractor shall not manufacture items for acceptance by the Government that incorporate a known departure from requirements, unless the Government has approved an RFD. RFDs shall be prepared using RDMR Form 527 or RDMR Form 530 (Type I, see block 5 of the form.)

e. The Contractor shall not submit items for acceptance by the Government that include a known departure from the requirements, unless the Government has approved a RFV. RFVs shall be prepared using RDMR Form 528.

f. Each ECP, RFD or RFV shall be accompanied by a written and signed evaluation prepared by the responsible Defense Contract Management Agency (DCMA) technical representative. The DCMA written evaluation shall be considered part of the ECP/RFD/RFV proposal.

g. Classification of RFDs/RFVs.

(1) Major RFDs/RFVs. RFDs/RFVs written against CIs shall be designated as major when the RFD/RFV consists of acceptance of an item having a nonconformance with contract or configuration documentation involving health;

performance; interchangeability; reliability; survivability; maintainability;

effective use or operation; weight; appearance (when a factor); or when there is a departure from a requirement classified as major in the contractual documentation.

(2) Critical RFDs/RFVs. RFDs/RFVs written against CIs shall be designated as critical when the RFD/RFV consists of acceptance of an item having a nonconformance with contract or configuration documentation involving safety or when there is a departure from a requirement classified as critical in the contractual documentation.

(3) Minor RFDs/RFVs. RFDs/RFVs written against CIs shall be designated as minor when the RFD/RFV consists of acceptance of an item having a nonconformance with contract or configuration documentation which does not involve any of the factors listed above in paragraphs g(1) or g(2), or when there is a departure from a requirement classified as minor in the contractual documentation.

h. Proposals shall include sufficient technical data to describe all changes from existing contract requirements.

i. Proposals shall include sufficient justification for making the change, including a statement of contract impact, if the change is not authorized.

j. Proposals for ECPs shall set forth a "not to exceed" price and delivery adjustment acceptable to the Contractor if the Government subsequently approves the proposal. If approved, the equitable increase shall not exceed this amount.

k. Times allowed for technical decisions for ECP and RFD/RFV proposals will be worked out via mutual agreement between the Contractor and the Government.

l. The Contractor shall submit, concurrent with the ECP, a separate AMSAM-RD Form 525, "Specification Change Notice" (SCN), for each specification that would require revision if the ECP were approved.

j. Proposals for ECPs shall set forth a "not to exceed" price and delivery adjustment acceptable to the Contractor if the Government subsequently approves the proposal. If approved, the equitable increase shall not exceed this amount.

k. Times allowed for technical decisions for ECP and RFD/RFV proposals will be worked out via mutual agreement between the Contractor and the Government.

l. The Contractor shall submit, concurrent with the ECP, a separate AMSAM-RD Form 525, "Specification Change Notice" (SCN), for each specification that would require revision if the ECP were approved.

m. Proposals for VECPs shall set forth a "not less than" price and delivery adjustment acceptable to the Contractor if the Government subsequently approves the proposal. If approved, the savings shall not be less than this amount.

n. The Contractor shall utilize RDMR Form 526, "Engineering Release Record" (ERR) to release new or revised configuration documentation to the Government for approval.

o. The Contractor shall utilize RDMR Form 524, "Notice of Revision" (NOR) to describe the exact change(s) to configuration documentation specified as a data requirement in the contract. The Contractor shall describe the change using subsections entitled "WAS" to describe the current contractual technical requirement and "IS" to describe the proposed new requirement.

3. Submittal. The Contractor shall submit two (2) copies of each proposal to the responsible Administrative Contracting Officer (ACO). One (1) copy of each proposal shall be returned to the Contractor within (5) working days after receipt by the ACO, stating whether or not the proposal is in compliance with this provision. Any unresolved differences between the ACO and the Contractor concerning ECPs, VECPs, RFVs or RFDs will be submitted to the PCO for resolution. Submittals may be made by electronic means by scanning the appropriate completed forms into a computer or preparing the forms electronically.

4. Distribution.

a. Electronic Distribution. The preferred method of distribution is through the Internet E-mail System to the PCO. Microsoft Word is required for use with the transmittal letter (E-mail). Required forms will be attached to the E-mail. All forms may be obtained from the Army Contracting Command - Redstone Website (https://wwwproc.redstone.army.mil/acquisition) by clicking on "Forms/Checksheets." The forms are in both "Adobe Acrobat" and "Form Flow" formats. In order to access and use the forms, the user must have the "Adobe Acrobat" or "Form Flow" software installed on their computer. Drawings may be scanned into the computer and sent as an attachment. In some cases, because of size, drawings may have to be sent as hard copies or sent under special electronic instructions provided by the PCO. Contractors who do not have access to the Army Contracting Command - Redstone website will need to contact the PCO, the appropriate Project Office Configuration Management Office, or the Technical Data Management Division (RDMR-SET) to have the forms sent to their facility.

b. Hard Copy Distribution of Class I or II ECPs and RFD/RFVs, For each Class I or II ECP, or each RFD/RFV that the ACO determines to be in compliance with this provision, the Contractor shall submit the original plus five copies to the PCO and one copy to the ACO. Upon receipt of any type of change proposal that is submitted to the PCO, the ACO shall immediately submit DCMA's written evaluation pertaining to the proposed engineering change action to the PCO.

Assistance in preparing any of these proposals may be obtained from the ACO or AMCOM Change Control Point at:

Aviation and Missile Research, Development, and Engineering Center

ATTN: RDMR-SET

Redstone Arsenal, Al 35898-5000 Telephone: 256-876-1335

c. Hard Copy Distribution of VECPs. For each VECP that the ACO determines to be in compliance with this provision, the Contractor shall submit the original plus five copies to the PCO and one copy to the ACO. Upon receipt of any VECP that is submitted to the PCO, the ACO shall immediately submit DCMA's written evaluation to the PCO. The Contractor shall also submit one copy of the VECP to the Value Engineering Program Manager (VEPM) whose address is below. Assistance in preparing VECPs may be obtained from the

VEPM.

Aviation and Missile Research, Development, and Engineering Center

ATTN: RDMR-SEI

Redstone Arsenal, Al 35898-5000 Telephone: 256-876-8163

5. Alternate Format, Submittal or Distribution Process. Proposals may be prepared in a different format, submitted using a different submittal process or distributed in a different manner than specified in paragraphs 2, 3 and 4 above, so long as the alternate approach is in accordance with a Government approved configuration management plan governed by this contract or the PCO authorizes the alternate format, submittal, or distribution process.

6. Government Acceptance. Acceptance of a proposal by the Government shall be affected by the issuance of a change order or execution of a supplemental agreement incorporating the proposal into the contract unless the PCO authorizes another method of acceptance. The Government will notify the Contractor in writing if a proposal is determined to be unacceptable.

H-3 52.248-4000 SUBMITTAL OF VALUE ENGINEERING CHANGE PROPOSALS

(VECPs)(USAAMCOM)01-OCT-2000

VECPs shall be prepared in accordance with FAR 52.248-1. Submit 25 copies of the VECP to the Contracting Officer. Also submit an information copy to the

Value Engineering Office: Commander, U.S. Army Aviation and Missile Command (USAAMCOM), ATTN: AMSAMRD-SE-IO-VE, Redstone Arsenal, AL 35898-5000.

Questions concerning AMCOM's Value Engineering (VE) Program should be directed to the above address, or contact the VE Program Manager at (256) 876-3776.

H-4 CONTRACTOR ORGANIZATION OF WORK

a. The Contractor shall submit, to the Contracting Officer for review, all operating schedules, plans, procedures, and policies specified in the PWS.

Submission shall be made prior to contract start date unless specified otherwise in the PWS, and implementation shall be on contract start date. The contractor shall abide by the schedule, plans, policies, and procedures as reviewed. Any deviation shall be submitted to the Contracting Officer for review 30 days prior to the proposed implementation date.

b. Access Rosters. Not later than 15 days prior to contract start date; the Contractor shall provide to the Contracting Officer a roster of all key personnel. The roster shall include each employee's full name, identification card number, branch or section, and security clearance. Changes to rosters shall be provided to the Contracting Officer five workdays prior to a change of personnel.

c. Organization Chart with Building and Telephone Numbers. Not later than 10 calendar days prior to the contract start date; the Contractor shall provide to the Contracting Officer an organization chart depicting the structure of his operation. The organizational chart shall indicate the building number and the telephone numbers of each branch, section, or shop. As changes are made to the organizational chart, the Contractor shall furnish updated/new charts to the Contracting Officer within two workdays.

H-5 PROPERTY ACCOUNTABILITY

a. Accountability of facilities and equipment (except when transferred to the contractor as specified below) will remain with the Government throughout contract performance.

b. In accordance with FAR 52.245-1, Government Property, Section I, and FAR Part 45, Subpart 5, the contractor shall establish a written property control system. The system shall address the control, protection, preservation, and maintenance of all Government property made available to the contractor. The property control plan shall be submitted to the contracting officer for approval within sixty (60) days of contract award.

c. The contractor shall be accountable for equipment removed from the Government premises and utilized by the contractor in performance of tasks under the contract. Accountability shall be established by DD Form 1149.

d. The transfer of Government furnished property will be accomplished on a DD Form 1149, Shipping Document, from the Hand Receipt Holder. The contractor shall track property by Hand Receipt Holder and return all property to respective Hand Receipt Holders at the end of the contract.

e. In accounting for Government property in its possession, the contractor shall comply with provisions of AR 710-2 and AR 58-1.

H-6 PROTECTION AND HANDLING OF FOR OFFICIAL USE ONLY INFORMATION

Information and/or material identified 'For Official Use Only' (FOUO) shall be protected and handled in accordance with the following:

a. DEFINITION. Information that has not been given a security classification pursuant to the criteria of an Executive Order, but which may be withheld from the public for one or more reasons cited in Freedom of Information Act (FOIA) Exemptions 2 through 9 shall be considered as being For Official Use Only. No other material shall be considered or marked 'For Official Use Only' (FOUO). FOUO is not authorized as a form of classification to protect national security interests.

b. SAFEGUARDING FOUO INFORMATION.

(1) During Duty Hours: During normal working hours information determined to be FOUO shall be placed in an out-of-sight location if visitors, casual traffic and other nongovernment/noncontractor personnel have access to the work area. (2) During Nonduty Hours: At the close of business, FOUO records shall be stored so as to preclude unauthorized access. Filing such material with other unclassified records in unlocked files or desks, etc., is adequate when normal U.S. Government or government/contractor internal building security is provided during nonduty hours. When such internal security control is not exercised, locked buildings or rooms normally provide adequate after-hours protection. If such protection is not considered adequate, FOUO material shall be stored in locked receptacles such as file cabinets, desks or bookcases.

c. TRANSMISSION OF FOUO INFORMATION. FOUO information will be transported in a manner that precludes disclosure of its contents. When not commingled with classified information, FOUO information may be sent via first-class mail or parcel post. Shipments that otherwise qualify under postal regulations may be sent fourth-class mail. Transmittal documents will call attention to the presence of FOUO attachments.

d . TERMINATION, DISPOSAL AND UNAUTHORIZED DISCLOSURES.

(1) Termination: The originator or other competent authority, e.g., initial denial and appellate authorities, shall terminate 'For Official Use Only' markings or status when circumstances indicate that the information no longer requires protection from public disclosure. When FOUO status is terminated, all known holders shall be notified, to the extent practical. Upon notification, holders shall efface or remove the 'For Official Use Only' markings, but records in file or storage need not be retrieved solely for that purpose.

(2) Disposal: FOUO materials may be destroyed by tearing each copy in pieces to preclude reconstruction, and placing them in regular trash containers.

When local circumstances or experience indicates that this destruction method is not sufficiently protective of FOUO information, local authorities may direct other methods but must give due consideration to the additional expense balanced against the degree of sensitivity of the type of FOUO information contained in the records.

(3) Unauthorized Disclosure: The unauthorized disclosure of FOUO information does not constitute an unauthorized disclosure of DOD information classified for security purposes. Appropriate administrative action should be taken, however, to fix responsibility for unauthorized disclosure whenever feasible, and appropriate disciplinary action should be taken against those responsible. The DOD component that originated the FOUO information shall be informed of its unauthorized disclosure.

H-7 GOVERNMENT PROVIDED SUPPORT AT GOVERNMENT OPERATED LOCATIONS (APR 2007)

Base support shall be provided by the Government to the Contractor in accordance with this clause. Failure by the Contractor to comply with the requirements of this clause shall release the Government, without prejudice, from its obligation to provide base support by the date(s) required. If warranted, and if the Contractor has complied with the requirements of this clause, an equitable adjustment shall be made if the Government fails to provide base support by the date(s) required.

(a) Base support, which typically includes Government-controlled working space, material, equipment, vehicles, services (including automatic data processing and any government communications systems for official business), or other support (excluding use of the Defense Switched Network (DSN)) which the Government determines can be made available at, or through, any Government installation where this contract shall be performed. If this support is not available through Government sources, this support will be provided through the nonmaterial reimbursable expenses line item upon Contracting Officer approval.

(b) The Government will provide to the Contractor weapons systems and/or support equipment required in the performance of this contract together with all kits, equipment, parts and material to be installed in such weapon systems and/or support equipment in the performance of the work requirements of the contract. The Government shall also provide all fuel, oil lubricants and coolants associated with contractual services. The Government shall also provide facilities and equipment such as, but not limited to, access to telephone, electric power, compressed air, hydraulic equipment, testing equipment and facilities, work stands, (both fixed and/or portable type), work space, including laboratory facilities and maintenance and area security. In addition, the Government may accomplish preparation of the weapon systems and/or support equipment for contractors services including, but not limited to, moving, mooring, towing, or requirements concerning the shifting of weapon systems and/or support equipment from time to time unless otherwise specified in the contract.

(c) Unless otherwise stipulated in the contract schedule, support shall be provided on a no-charge-for-use basis and the value shall be a part of the Government's contract consideration.

(d) The Contractor agrees to immediately report (with a copy to the cognizant Contracting Officer or representative) inadequacies, defective Government- Furnished Property (GFP), or nonavailability of support stipulated by the contract schedule, together with a recommended plan for obtaining the required support. The Government agrees to determine (within 10 workdays) the validity and extent of the involved requirement and the method by which it shall be fulfilled (e.g., purchase, rental, lease, GFP, etc.). Facilities shall not be purchased or leased under this clause. Additionally, the Contractor (or authorized representative) shall not purchase, or otherwise furnish any base support requirement provided by the clause (or authorize others to do so), without prior written approval of the Contracting Officer regarding the price, terms, and conditions of the proposed purchase, or approval of other arrangements.

(e) When this contract is a cost, cost-reimbursement, time-and-materials, or labor hour contract, the Contractor agrees that in the performance of this contract or any major subcontract, no direct or indirect costs for property will be incurred if the Government determines that property is available at, or through any Government installation where this contract shall be performed. Only the prior written approval of the Contracting Officer can relieve the Contractor from this restriction.

H-8 HOLIDAY REIMBURSEMENT (APR 2007)

The hourly billing rates set forth in Section B includes an allowance for the holidays set forth below, and other similar events where the contractor does not have access to base facilities. The Government will not be billed for these holidays when work is not actually performed. Therefore, where work on a holiday is approved by the Contracting Officer and actually performed, the Contractor shall be reimbursed at the firm fixed rate as set forth in the contract. In the event a holiday occurs on a day which a contractor does not normally work, the contractor shall designate a normal workday consistent with the using activities observance of such holidays. Holidays in addition to those below that are designated by the using activity and are not provided for through the use of down days will be considered as billable days. The holidays are those celebrated for New Years Day, Martin Luther King Jrs Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day. Alaska has an additional holiday, Good Friday.

H-9 CONTRACTOR TRANSPORTATION (APR 2007)

(a) When contractor employees are in the Continental United States (CONUS) on temporary duty status, Government provided transportation may be authorized, provided it is specified in the contract and approved by the Contracting Office. Government transportation shall be limited to the duration of the TDY in accordance with the Joint Travel Regulations (JTR), for period of performance and location. Use of transportation will be restricted for the conduct of official business and transportation of team personnel to worksite from quarters and return.

(b) When Contractor employees are overseas, the Government may provide transportation to and from the work site, when authorized by the Contracting Office, and to the extent set forth in the contract.

(c) For purposes of this provision, Government provided transportation includes the use of Government furnished vehicles, vehicle rental, or mileage reimbursement on a privately owned vehicle.

(d) The Contractor shall be authorized an additional $0.10 per mile for transportation costs associated with hauling Government property by personally owned vehicle (POV) and/or reimbursement for cost of trailer rental when required and approved by Contracting Office.

H-10 52.204-4708 FOREIGN NATIONALS 01-JAN-2014

FOREIGN NATIONALS

Prior review of Foreign Nationals to perform on this contract, at either the prime or sub-contract level, is required by the Contracting Officer. This review does not grant an exception to U.S. export law(s) and the contractor is responsible for obtaining necessary export licenses. Foreign nationals (also known as Foreign Persons) means any person who is NOT:

a. a citizen or national of the United States; or

b. a lawful permanent resident; or

c. a protected individual as defined by 8 U.S.C. 1324b(a)(3).

"Lawful permanent resident" is a person having the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws and such status not having changed.

"Protected individual" is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under 8 U.S.C. 1160(a) or 8 U.S.C. 1255a(a)(1), is admitted as a refugee under 8 U.S.C. 1157, or is granted asylum under Section 8 U.S.C.

1158; but does not include (i) an alien who fails to apply for naturalization within six months of the date the alien first becomes eligible (by virtue of period of lawful permanent residence) to apply for naturalization or, if later, within six months after November 6, 1986, and (ii) an alien who has applied on a timely basis, but has not been naturalized as a citizen within 2 years after the date of the application, unless the alien can establish that the alien is actively pursuing naturalization, except that time consumed in the Service's processing the application shall not be counted toward the 2-year period.

This clause does not apply to U.S. persons, including U.S. citizens and lawful permanent residents.

The use of foreign nationals in the performance of this contract requires the contractor to provide by letter, addressed to the contracting officer, the following:

(a) Method Foreign National will be utilized, i.e., as a subcontractor or as an employee of the contractor.

(b) If a subcontractor, identify company, country of origin, and tasks to be performed, and provide employer's verification of work authorization.

(c) If a company employee, identify country of origin and tasks to be performed, and provide employer's verification of work authorization.

(d) In either case (items b and c above) identify the technology involved and what type information, Classified, Controlled Unclassified Information (CUI), or Unclassified, will be released to the Foreign National to enable satisfactory performance on the contract.

(e) If the contractor currently possesses a munitions export license to export the data to Foreign Nationals (whether the Foreign National is an employee of the company or a subcontractor) provide the license number.

(f) Provide justification as to why the Foreign National is needed to perform the contract.

(g) Company point of contact name and phone number.

The above clause shall not flow down to subcontracts with Universities. The following replacement text shall be inserted into subcontracts with Universities:

Prior notice of the use of Foreign Nationals to perform on this prime contract at the University subcontract level must be provided through the Prime Contractor to the Contracting Officer. This notice does not grant an exception to U.S. Export Law(s) and the Contractor and/or Subcontractor are responsible for obtaining necessary Export Licenses.

Prior notice shall be provided by the Subcontractor, through the Prime Contractor, to the Contracting Officer, by letter addressed to the Contracting Officer, containing the following:

(a) Individual's Name;

(b) Country of Origin;

(c) Tasks to be performed; and,

(d) Employer's verification of work authorization.

H-11 DISCLOSURE OF FACTS AFFECTING THE GOVERNMENTS RIGHTS IN TECHNICAL DATA

AND SOFTWARE

A. Advance Disclosure of Assertions.

1. DFARS 252.227-7017 requires an advance disclosure regarding any contractor assertions that certain technical data, computer software documentation, or computer software should be furnished to the Government with less than unlimited rights. Unless an advance assertion has been incorporated into the contract, the clauses at DFARS 252.227-7013(e)(2) and 252.227-7014(e)(2) prohibit the delivery of any technical data, computer software documentation, or computer software with less than unlimited rights. Deliveries having markings inconsistent with the clauses above are considered deficient IAW DFARS 252.227-7030. Authorized markings include: UNLIMITED RIGHTS; GOVERNMENT

PURPOSE RIGHTS; LIMITED RIGHTS; RESTRICTED RIGHTS; SPECIAL LICENSE

RIGHTS; and a copyright notice. No other markings regarding data rights (e.g., proprietary) are authorized.

2. DFARS 252.227-7013(e)(3) and DFARS 252.227-7014(e)(3) require that any new assertions after contract award be made as soon as practicable prior to the scheduled date for delivery. Since such assertions may impact currently unscheduled deliveries (e.g., under a deferred ordering clause and other contract modification) or decisions regarding performance issues and later scheduled deliveries, the contractor agrees that not later than 30 days after the basis for such additional assertion(s) is (are) known (and prior to the scheduled date for delivery), the contractor shall submit the documentation required by paragraph (g) of the clauses referenced above.

These submissions are required for any technical data, computer software documentation, or computer software which is scheduled for delivery or may be within the scope of the Deferred Ordering clause, DFARS 252.227-7027.

B. Source of Funding. The contractor agrees that:

1. All effort related to the performance of this contract will be funded exclusively with Government funds or with mixed funding as defined by DFARS 252.227-7013 and 252.227-7014; or

2. Any funding inconsistent with the above shall be disclosed in writing such that it is received by the contracting officer not less than 30 days prior to the initiation of such inconsistent funding.

The contractor agrees to include a clause identical to this one in all subcontracts.

H-12 EXPORT-CONTROLLED DATA RESTRICTIONS

(a) For the purpose of this clause,

(1) Foreign person is any person who is not a citizen or national of the U.S.

or lawfully admitted to the U.S. for permanent residence under the Immigration and Nationality Act, and includes foreign corporations, international organizations, and foreign governments;

(2) Foreign representative is anyone, regardless of nationality or citizenship, acting as an agent, representative, official, or employee of a foreign government, a foreign-owned or influenced firm, corporation or person;

(3) Foreign sources are those sources (vendors, subcontractors, and suppliers) owned and controlled by a foreign person; and (b) The Contractor shall place a clause in subcontracts containing appropriate export control restrictions, set forth in this clause.

(c) Nothing in this clause waives any requirement imposed by any other U.S.

Government agency with respect to employment of foreign nationals or export controlled data and information.

(d) Equipment and technical data generated or delivered under this contract are controlled by the International Traffic in Arms Regulation (ITAR), 22 CFR Sections 121 through 128. An export license is required before assigning any foreign source to perform work under this contract or before granting access to foreign persons to any equipment and technical data generated or delivered during performance (see 22 CFR Section 125). The Contractor shall notify the Contracting Officer and obtain written approval of the Contracting Officer prior to assigning or granting access to any work, equipment, or technical data generated or delivered under this contract to foreign persons or their representatives. The notification shall include the name and country of origin of the foreign person or representative, the specific work, equipment, or data to which the person will have access, and whether the foreign person is cleared to have access to technical data (DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM)).

H-13 IMPROVEMENTS TO BUILDING OR LAND OWNED BY THE GOVERNMENT

The Contractor shall not construct or install any fixed improvement or structural alteration in Government buildings or other real property without advance written approval of the Contracting Officer. Fixed improvements or structural alterations, as used herein, mean any alteration or improvement in the nature of the building or other real property, which after completion, cannot be removed without substantial loss of value or damage to the premises. The term does not include foundations for production equipment.

H-14 ENVIRONMENTAL COMPLIANCE

1. The Contractor shall comply with the requirements of pertinent sections of the Clean Air Act (CAA) (42 U.S.C. 7414, as implemented by the Code of Federal Regulations (CFR)) and pertinent sections of the Clean Water Act (CWA) (33 U.S.C. 1318, as implemented by the CFR), relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 of the CAA and section 308 of the CWA, and all regulations and guidelines issued to implement those acts before the award of this contract.

The Contractor shall insert the substance of this clause into any nonexempt subcontract.

(a) The Contractor agrees to perform all aspects of the Performance Work Statement consistent with existing Federal, state, and local environmental statutes and regulations, including Department of Defense, Army regulations or directives, and any relevant changes thereto. The contractor acknowledges its affirmative duty to be aware of changes to relevant and applicable environmental statutes and regulations and the duty to bring to the attention of the contracting officer any changes necessary to assure complete environmental compliance regarding the mission described in the Performance Work Statement for this contract. Complete compliance with Federal, state and local environmental statutes and regulations as directed by the contracting officer shall be deemed to be a critical element of this contract.

(b) The Contractor agrees to indemnify the Government of any environmental fine, penalty, or assessment that is brought against the Government as the direct or indirect result of the contractor's acts or omissions relating to this contract incurred during the contract period. The contractor may make an environmental assessment during the transition-in period. The contracting officer must be notified in writing of any environmental concerns prior to the period of performance under the contract. This notification will serve to establish the environmental baseline.

A closeout baseline review resulting in a release of liability will be conducted by the Government as part of the contract close-out process.

The contractor will not be liable for the negligent acts or omissions of the Government or third parties that are beyond the control of the contractor.

The contractor agrees to immediately notify the contracting officer and his/her authorized representative for environmental matters if regulators identify issues subject to potential enforcement procedures. Said notice shall include an offer to allow the contracting officer or his/her representative to participate in or observe any and all communications and negotiations.

(c) The Contractor agrees to provide personnel at any time who, in the opinion of the contracting officer are necessary to assist the Government in the defense of any environmental fine, penalty assessment, sanction, notice of violation or other civil actions associated with the Performance Work Statement. The contractor's cooperation in these actions shall be considered to be effort performed within the coverage of the contract Performance Work Statement. However, such does not authorize any cost to be a direct charge to the contract that would otherwise be an indirect charge under the contractor's approved accounting system.

(d) Notwithstanding any other provision of the contract, the contractor's failure to perform the contract Performance Work Statement consistent with applicable Federal, state or local environmental laws or regulations shall serve as a complete and independent basis for default termination.