Attachment_0003_SECTION_H_NARRATIVE.pdf

W58RGZ-17-R-0211

ATTACHMENT 0003

REMAINING SECTION H NARRATIVE

H - 8 OPTIONS

A. The Government may exercise options described in this contract by written notice to the Contractor from the Contracting Officer during the applicable option exercise period.

B. The Government does not guarantee the exercise of any options within this contract. Options included in this contract may be independently exercised unless otherwise specifically noted in the contract.

C. If determined to be the best interest of the Government, the following options may be exercised in accordance with the following time frames.

CLIN OPTION TIME OF

EXERCISE

PERIOD OF

PERFORMANCE

0003 - Engineering Suppport

1 Any time during the period of performance

Various dates

0004 - Travel 2 Any time during the period of performance

Various dates

0005 - Initial Production A- Kit

3 Any time during

Must meet USG’s first unit equipped date of

2QFY20

0006 - Initial Production B- Kit

4 Any time during

Must meet USG’s first unit equipped date of

2QFY20

0007 - Production A- Kit

5 After all thirty six (36) initial production A- Kits have been ordered and prior to contract expiration

No later than 4QFY21

0008 - Production B- Kit plus Spares

6 After all fifty initial production B- Kit shipsets have been ordered and prior to contract expiration

No later than 4QFY23

0009 - Level II Technical Data Package B-Kit

7 Any time during

Various dates

H - 9 SMALL BUSINESS PARTICIPATION

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 contract 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 no later than 15 days after notice from the Contracting Officer and implementation should begin within 20 days thereafter.

B. Small Business Reporting: The selected Contractor(s) 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.

C. Liquidated Damages Related to the Small Business Participation factor: The Offeror's proposed Small Business Participation Plan will be incorporated in the resulting contract. The Offeror's Small Business participation dollars and percentages shall be measured by comparing the total actual contract dollars performed by Small Business concerns (total small business and in each Small Business subcategory) to the total obligated value of the contract. Notwithstanding FAR 52.219-16, if at the end of each contract period, the Contracting Officer finds that the Contractor failed to make a good faith effort to comply with the incorporated Small Business Participation Plan, the Contractor shall pay the Government the actual amount by which the Contractor failed to achieve each proposed participation requirement.

H - 10 FINAL SCIENTIFIC OR TECHNICAL REPORT

The contractor shall submit copies of the approved scientific or technical reports to the National Technical Information Service (NTIS). See DFARS clause 252.235-7011

H - 11 TECHNICAL DATA RIGHTS

The US Government's rights in technical data, computer software, and computer software documentation shall be assigned in accordance with the Defense Federal Acquisition Regulation Supplement (DFARS) clauses pertaining to data rights as contained in Section I of the contract.

In response to the data deliverables required by the contract, the offeror may submit assertions that limit the Government's rights in legacy data that is to be delivered. Any assertions shall be submitted in accordance with DFARS clauses 252.227-7013, 252.227-7014, and 252.227-7017.

H-13 ORGANIZATIONAL CONFLICT OF INTEREST

a. It is recognized by the parties hereto that the effort to be performed by the contractor under this contract is of such a nature that it may create potential organizational conflicts of interest such as are contemplated by subpart 9.5 of the Federal Acquisition Regulation. It is the intention of the parties that the contractor will not engage in any contractual activities that could cause a conflict of interest with its position under this contract, which may impair its ability to render unbiased advice and recommendations or in which it may have an unfair competitive advantage as a result of the knowledge, information, and experience gained during the performance of this contract.

b. The contractor shall be ineligible to participate, in any capacity as a prime contractor, subcontractor at any tier, or consultant to a prime contractor, in Government contracts, subcontracts, or proposals therefore (solicited or unsolicited) that result directly from the contractor's performance of work under this contract.

c. Except as approved by the Contracting Officer, if the contractor prepares, directly contributes to, or participates in the preparation of any complete or partially complete statement of work, specification, or cost estimate to be used in an acquisition, the contractor shall be ineligible to perform or participate in any capacity as a prime contractor or subcontractor at any tier or as a consultant in any Government contractual effort, which is based on such statement of work, specification, or cost estimate. For any potential conflicts of interest that arise, the contractor shall notify the Contracting Officer in writing and shall identify the nature of the potential conflict.

d. The contractor agrees to enter into a written agreement with any firm whose proprietary data is used in connection with performance of the contract, to protect all proprietary information from unauthorized disclosure or use as long as it remains proprietary, to furnish the contracting officer with executed copies of all such agreements, and to refrain from using any proprietary information in supplying to the Government goods or services or for any purpose other than that for which it was furnished. The contractor agrees that any data furnished by the Government to the contractor shall be used only for performance under this contract, and all copies of such data shall be returned to the Government upon completion of this effort. Any data furnished by the Government containing trade secrets or commercial or financial data of other contractors shall be treated as proprietary data. Further, the contractor agrees not to reveal to third parties any data generated and/or reported to the Government in the performance of this effort. These restrictions are not limitations on its use or availability to the U.S. Government or contractor from other sources without restriction.

e. For the purpose of this clause, the term "contractor" means the contractor, its subsidiaries divisions, and affiliates, any joint venture involving the contractor, or any entity which the contractor or any successor or assignee of the contractor uses as a prime contractor, subcontractor, or consultant to either the prime contractor or subcontractor under this contract.

f. Furthermore, the parties agree that the prime contractor shall ensure that this clause (Organizational Conflict of Interest) is included in all, subcontracts (changing identities of the parties as appropriate), at any level. Subcontractors shall certify that they have no conflict of interest for the work that they will perform prior to receiving a subcontract.

H-14 NOTICE OF COLLECTIVE BARGINING AGREEMENT NEGOTIATIONS

In addition to the clause entitled "Notice to the Government of Labor Disputes" within Section I, the Contractor shall notify the Contracting Officer thirty days prior to commencement of any collective bargaining agreement negotiations. The Contractor agrees to provide the Contracting Officer a copy of any collective bargaining agreement applicable to employees performing under this contract.

H-27 GOVERNMENT FURNISHED PROPERTY (GFP)

IAW FAR 52-245-1(d)(2)(iii) complementary but not all inclusive aircraft ancillary equipment and property furnished by the Government at contract award exist to limit the contractor's initial investment in the equipment necessary to comply with this contract. The contractor will be given the opportunity to inspect and accept GFP provided in attachment Attachments 030/031 Contractor Authorized Stockage List during contract transition. Once the GFP item(s) are selected and accepted FAR 52-245-1(d)(2)(iii) will remain in force for those items until contract completion or termination.

H-31 FUNDING LIMITATIONS

a. In the event the Government exhausts funds for any CLIN, the contractor is under no obligation to provide logistics support or maintenance functions covered by that CLIN and the Government accepts no liability for continued performance until such time as funds become available and are contractually obligated. The contractor shall cease work until such time as funding becomes available and the Contracting Officer issues a return to work directive.

b. In addition to the requirements of FAR 52.232-20, "Limitation of Cost", the Government shall not be obligated to pay the contractor any amount in excess of the funds obligated in a CLIN and the contractor shall not be obligated to continue performance under that CLIN, if to do so would exceed the obligated funds set forth in the schedule, unless and until the Contracting Officer shall have notified the contractor in writing that the obligated funds have been increased and shall have specified in the notice an increased amount that shall constitute the new obligated total for these items.

c. The Government reserves the right to increase or decrease the funds allotted herein for the CLINs on a unilateral basis by modification to the contract or order, as applicable. In no event shall the Contracting Officer decrease the funds below the amount incurred by the contractor at the time of the notice of decrease.

H-48 SECURITY

a. 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 DD Form 254. All contractor personnel shall have at least a Secret clearance.

b. The contractor shall maintain and administer a security program in accordance with Industrial Security Manual DoD 5220.22M and DIA Manual 50-5. Copies of these manuals are available for review in the office of the Contracting Officer.

c. Loss or suspension pending investigation of required security clearances as set forth in the DD 254, "Contract Security Classification Specification," attached hereto and made a part of this contract would result in inability to perform in accordance with the terms and conditions of this contract. As a result of this inability to perform the contractor is subject to default in accordance with the General Provisions entitled, "Default."

d. The Government reserves the right to direct any contractor employee to be removed from performance, direct or indirect, whenever there is probable cause or belief on the facts available, that such action is warranted in the interest of national security, whether or not the cause is deemed of sufficient severity to warrant action to terminate the contractor's for the period of time necessary, to conduct an investigation of alleged misconduct, direct or indirect, which may in the opinion of the Contracting Officer jeopardize the security of the project.

e. Military security requirements in the performance of this contract shall be maintained in accordance with the DD 254. The highest classification involved in the performance of this contract is DOD Secret Clearance.