Amend_0002_Conformed_Copy_BES_III.pdf

W900KK19R0038

CODE

(Hour)

PAGE(S)

until local time

X

A X B X C X D

EX

X

G F 64 - 69

70 - 82 X H 83 - 86

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 86

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W900KK 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 23

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

24 - 27

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

29 - 30 31 - 33

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 34 - 39 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 40 - 42 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

43 - 62

PART II - CONTRACT CLAUSES

ARMY CONTRACTING COMMAND - ORLANDO

ATTN: ALPHA DIVISION

12211 SCIENCE DRIVE

ORLANDO FL 32826-3224

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

28 Jun 2019

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

Section A - Solicitation/Contract Form

SECTION A

Section A - Solicitation/Contract Form

SOLICITATION INFORMATION

THIS SOLICITATION WILL RESULT IN A SMALL BUSINESS SET-ASIDE SINGLE

AWARD INDEFINITE-DELIVERY/INDEFINITE-QUANTITY (ID/IQ) TYPE

CONTRACT WITH AN ORDERING PERIOD OF FIVE YEARS AND ONE OPTION

YEAR. IT WILL BECOME THE BASIC CONTRACT FOR BATTLEFIELD EFFECTS

SIMULATOR (BES) III EFFORTS. REQUIREMENTS FOR DELIVERY ORDERS

(DOs) WILL BE PROPOSED BASED ON THE IMMEDIATE NEEDS OF THE

GOVERNMENT DURING THAT TIMEFRAME.

EFFORTS UNDER THIS SOLICITATION WILL BE USED TO ISSUE THE BES III

ID/IQ.

Contract Not-To-Exceed Ceiling amount is $10M The ceiling of $10M is available within the five-year base period plus a one-year option period, if exercised. The cumulative total of all delivery orders awarded as a result of Solicitation W900KK-19-R-0038 will not exceed $10M over the life of the contract without prior written approval of the Procuring Contracting Officer

(PCO).

Orders may be placed at any time during the five-year plus one option year ordering period of the basic contract.

Section B - Supplies or Services and Prices

SECTION B

B.1 All CLINs may be utilized on a Firm-Fixed-Price (FFP) basis for delivery orders issued under this contract. Only FFP delivery orders are contemplated under this contract.

B.2 CLIN 0001 is established in Section B to identify the contract Not-To-Exceed ceiling value for administrative purposes. Reserved CLINs 1101 through 1114 are established in Section B for the sole purpose of facilitating administration of the contract in the Government’s procurement writing system. Pricing for delivery order CLINs will be at the individual delivery order level and determined utilizing the pricing tables in Section B.3.1 and B.3.2. Offerors shall provide FFP pricing for all CLINs as specified in Section B.3.1 and B.3.2 Tables.

B.3 Prices shall be rounded to the nearest dollar. Offerors shall not provide pricing for tables marked “Not Separately Priced (NSP).” Pricing for NSP line items should be priced with the CLINs they support.

NOTE: For pricing considerations, when ordering launchers, the Government will order a minimum quantity of 50 units per delivery order. This may include quantities of the three variants (6-18 shot; 36 shot; and, or 60 shot) within the single order of 50 (or more) units.

B.3.1 Pricing Tables for the BES variants; Spare Package; Test Ammo Cartridge; Site Survey (CONUS and OCONUS); New Equipment Training (NET only) (CONUS and OCONUS); NET, Installation, Test and Integration (CONUS and OCONUS); Interim Contractor Support (ICS) (CONUS and OCONUS); Technical Data and Information (“NSP”); and Contractor Manpower Reporting Application.

CLIN 0100.

6-18 shot launchers FFP per-unit including associated cables, stands and brackets.

Year 1 Year 2 Year 3 Year 4 Year 5 Option Year 6

Price per unit

CLIN 0200.

36-shot launchers FFP per-unit including associated cables, stands and brackets.

Year 1 Year 2 Year 3 Year 4 Year 5 Option

Year 6 Price per unit

CLIN 0300.

60-shot launchers FFP per-unit including associated cables, stands and brackets

Year 6 unit

CLIN 0400

Spares Package

Year 6 package

CLIN 0500

Test Ammo Cartridge Set FFP per-set

Year 6 set

CLIN 0600

Site Survey CONUS FFP per site Survey

Year 6 Price per site survey

CLIN 0601

Site Survey OCONUS FFP per site survey

Year 6 Price per survey

CLIN 0700

NET CONUS FFP per delivered site Year 1 Year 2 Year 3 Year 4 Year 5 Option Year

Price per NET per delivered

CLIN 0701

NET OCONUS FFP per delivered site

Price per NET per

CLIN 0800

NET, Installation, Test and Integration CONUS FFP per delivered site Year 1 Year 2 Year 3 Year 4 Year 5 Option Year

Price per

CLIN 0801

NET, Installation, Test and Integration OCONUS FFP per delivered site

Price per

CLIN 0900

ICS CONUS FFP per delivered site Year 1 Year 2 Year 3 Year 4 Year 5 Option

ICS

CLIN 0901:

ICS OCONUS FFP per delivered site

ICS

CLIN 1000:

Technical Data and Information FFP Year 1 Year 2 Year 3 Year 4 Year 5 Option

Price NSP NSP NSP NSP NSP NSP

CLIN 1100:

Contractor Manpower Reporting Application (CMRA) FFP Year 1 Year 2 Year 3 Year 4 Year 5 Option

Price

B.3.2 Pricing Tables for Shipping

CLIN 0101:

Shipping CONUS FFP range pricing for 6-18 shot launcher and associated cables, stands and brackets.

Launcher Quantity

Year 1 Year 2 Year 3 Year 4 Year 5 Option Year 6

1-50 51-100 100+

CLIN 0102:

Shipping OCONUS FFP range pricing for 6-18 shot launcher with associated cables, stands and brackets.

Launcher Quantity

Year 1 Year 2 Year 3 Year 4 Year 5 Option Year 6

1-50

CLIN 0201:

Shipping CONUS FFP range pricing for 36-shot launcher with associated cables, stands

Launcher Quantity

Year 1 Year 2 Year 3 Year 4 Year 5 Option Year 6

1-50

CLIN 0202:

Shipping OCONUS FFP range pricing for 36-shot launcher with associated cables, stands

Launcher Quantity

Year 1 Year 2 Year 3 Year 4 Year 5 Option Year 6

1-50

CLIN 0301:

Shipping CONUS FFP range pricing for 60-shot launcher with associated cables, stands

Launcher Quantity

Year 1 Year 2 Year 3 Year 4 Year 5 Option

1-50

CLIN 0302:

Shipping OCONUS FFP range pricing for 60-shot launcher with associated cables, stands and brackets.

Launcher Quantity

Year 1 Year 2 Year 3 Year 4 Year 5 Option Year 6

1-50

CLINs 0401:

Shipping CONUS FFP per spares package Year 1 Year 2 Year 3 Year 4 Year 5 Option

Year 6 1-50

CLIN 0402:

Shipping OCONUS FFP per spares package

Year 6 1-50

CLIN 0501:

Shipping CONUS FFP per Test Ammo Cartridge Set Year 1 Year 2 Year 3 Year 4 Year 5 Option

Year 6 1-50

CLIN 0502:

Shipping OCONUS FFP per Test Ammo Cartridge Set

Year 6 1-50

B-4 CONTRACT MINIMUM VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

Minimum Quantity Minimum Amount Maximum Quantity Maximum Amount

N/A $10,000 N/A $10,000,000

B.5 Offerors shall not provide pricing for any CLINs identified below:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Total ID/IQ Ceiling Amount

FFP

Administrative CLIN Only

NET AMT

0100 Each 6-18 Shot Launcher

FFP

FFP 6-18 Shot Launcher with associated cables, stands and brackets FOB: Destination

0101 Each CONUS Shipping for 6-18 Shot Launcher

FFP

Shipping CONUS FFP range pricing for 6-18 shot launcher and associated cables, 0102 Each OCONUS Shipping for 6-18 Shot Launcher

FFP

Shipping OCONUS FFP range pricing for 6-18 shot launcher and associated cables, stands and brackets.

0200 Each 36-Shot Launcher

FFP

FFP 36 shot launcher with associated cables, stands and brackets.

0201 Each CONUS Shipping for 36-Shot Launcher

FFP

Shipping CONUS FFP range pricing for 6-18 shot launcher and associated cables, 0202 Each OCONUS Shipping for 36-Shot Launcher

FFP

Shipping OCONUS FFP range pricing for 36 shot launcher and associated cables, 0300 Each 60-Shot Launcher

FFP

FFP 60-Shot Launcher with associated cables, stands and brackets

0301 Each CONUS Shipping for 60-Shot Launcher

FFP

Shipping CONUS FFP range pricing for 60 shot launcher and associated cables, 0302 Each OCONUS Shipping for 60-Shot Launcher

FFP

Shipping OCONUS FFP range pricing for 60 shot launcher and associated cables, 0400 Package Initial Spares

FFP

FFP Initial Spares

0401 Each CONUS Shipping for Initial Spares

FFP

FFP CONUS Shipping for Initital Spares

0402 Each OCONUS Shipping for Initial Spares

FFP

FFP OCONUS Shipping for Initial Spares

0500 Set Test Ammo Cartridges Set

FFP

FFP Test Ammo Cartridges set

0501 Each CONUS Shipping for Test Ammo Cartridge

FFP

FFP CONUS Shipping for Test Ammo Cartridge Set

0502 Each OCONUS Shipping for Test Ammo Cartridge

FFP

FFP OCONUS Shipping for Test Ammo Cartridge Set

0600 Each CONUS Site Survey

0601 Each OCONUS Site Survery

0700 Each

CONUS NET

FFP

FFP CONUS NET

0701 Each

OCONUS NET

FFP

FFP OCONUS NET

0800 Each

CONUS

FFP

FFP CONUS NET, Installation, Test and Integration

0801 Each Oconus

FFP

FFP OCOUS NET, Installation, Test and integration

0900 Each

CONUS ICS

FFP

FFP CONUS Interim Contractor Support (ICS)

0901 Each

OCONUS ICS

FFP

FFP OCONUS Interim Contractor Support (ICS)

1000 Lot Technical Data and Information

FFP

FFP Technical Data and Information in accordance with the SOW, the DD Forms 1423 Contract Data Requirements List and Exhibits referenced in Section J.

1100 Each

CMRA

FFP

FFP Contractor Manpower Reporting Application (CMRA)

Reserved

FFP

Reserved

FFP

Reserved

FFP

Reserved

FFP

Reserved

FFP

Reserved

FFP

Reserved

FFP

Reserved

FFP

Reserved

FFP

Reserved

FFP

Reserved

FFP

Reserved

FFP

Reserved

FFP

Reserved

FFP

OPTION Option Year

FFP

FFP CLIN is an administrative marker for the Option Year Six Ordering Period.

Section C - Descriptions and Specifications

SECTION C

Section C - Descriptions and Specifications

SECTION C - WORK DESCRIPTION

C-1 DESCRIPTION/SPECIFICATION/WORK STATEMENT

The Contractor shall provide the supplies/services required under “Section B” in accordance with Attachment 1, Statement of Work (SOW), PEO-STRI-SOW-2018-066, 12 April 2019; Attachment 2, Performance Specification, PRF-PT-716, 1 November 2018; and, Exhibits A through C, the CDRLs Contract Data Requirements List dated 16 April 2019.

C-2 For information on which cables, stands and brackets may be required for the launcher variants; and, for some general information on the ranges where these items will be delivered, please see Attachment 5 – Range Data Information. Information provided in Attachment 5 is only an estimate and for general planning purposes only. Ranges indicated may vary in quantity. However, the classification of ranges provided in Attachment 5 represents generally the majority of range types and their representative quantities.

C-3 CLIN 0400 – Initial Spares

The Contractor shall provide Spares in accordance with the above referenced SOW, paragraph 3.4.3 Spares delivered must be the same as, interchangeable with, or meet the form, fit, and function requirements of the items included in the delivered training device, system, and equipment. A spares “package” will consist of a complete set of electronic circuit cards and 1 power/data cable.

C-4 CLINs 0500 – Test Cartridges

The Contractor shall provide Test Ammo Cartridge Sets in accordance with the above-referenced SOW, paragraph 3.4.4.

C-5 CLINs 0600 and 0601 -- Site Surveys Site Surveys shall be conducted in accordance with SOW paragraph 3.5.4.

C-6 CLINs 0700 and 0701– New Equipment Training (NET) The NET Training shall be conducted in accordance with SOW paragraph 3.4.7.

C-7 CLINs 0800 and 0801– New Equipment Training (NET), Installation, Integration and

Test The NET Training, Installation, Integration and Test shall be conducted in accordance with SOW paragraphs 3.4.7, 3.5.3, 3.5.5, 3.3.1 and 3.5.2.

C-8 CLINs 0900 and 0901 -- Interim Contractor Support (ICS) shall be provided in accordance with SOW paragraph 3.5.7 and 3.5.8.

C-9 CLIN 1000 – Technical Data and Information Technical data and information shall be furnished in accordance with the requirements set forth in the above referenced SOW and the Contract Data Requirements List (CDRL), DD Form 1423, Exhibits A through C. Updates to Technical data and information as a result of any design configuration change or obsolescence issues furnished with the initial order (i.e., spares lists, drawings, etc.) shall be included in the CDRL deliverables for all subsequent delivery orders throughout the life of the basic ID/IQ contract.

Technical Data and Information shall be delivered in accordance with the requirements of the Contract Data Requirements List, DD Form 1423, Exhibits [A-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, which are listed in Block 6 of the DD Form 1423.

(1) PCO, Code W900KK Ms. KeYanna R. Boone, US Army Contracting Command (ACC) Orlando, 12211 Science Drive, Orlando FL 32826-3224.

(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:

Mr. Carleton S. Stargel US Army, PEO STRI Code: (STRI-TRADE-DT) 12211 Science Drive

Orlando, FL 32826

INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND INFORMATION

Inspection and acceptance of technical data and information will be performed by an authorized requiring activity representative. Inspection of technical data and information will be performed by ensuring successful completion of the requirements set forth in the DD Form 1423, Contract Data Requirements List (CDRL) and incorporation/resolution of Government review comments on the data items. Acceptance will be performed by the requiring activity representative and evidenced via execution of an electronic Receiving Report submitted by the contractor in the Wide Area Work Flow (WAWF) application within the Procurement Integrated Enterprise Environment (PIEE) e-Business Suite.

AVAILABILITY OF DATA ITEM DESCRIPTIONS (DIDs)

All Data Item Descriptions (DIDs) are available online via the Acquisition Streamlining and Standardization Information System located at http://quicksearch.dla.mil.

C.10 CLIN 1100 – CONTRACTOR MANPOWER REPORTING APPLICATION

The contractor shall accomplish contractor manpower reporting in accordance with the SOW, paragraph 3.2.5.

C.11 AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the “Changes” Clause of this contract.

(b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is:

Ms. KeYanna R. Boone, US Army Contracting Command (ACC) Orlando, 12211 Science Drive, Orlando FL 32826-3224.

Phone: 407-380-8078

C.12 DISCLOSURE, USE AND PROTECTION OF PROPRIETARY INFORMATION

(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 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.

C.13 PACKAGING, HANDLING, STORAGE AND TRANSPORTATON (PHS&T)

(a) PHS&T shall conform to prevailing industry standards for the type of commodity purchased under this contract.

(b) The PHS&T shall include the resources, design considerations, and methods needed to ensure that all equipment is preserved, packaged, stored, handled, and transported quickly, safely, and effectively. All packages will be clearly marked with applicable contract number/delivery order number, and will contain appropriate itemized packing slip. All deliveries will be marked for and/or consigned as follows:

In accordance with the actual physical “Ship to” information provided in Section F of the individual delivery orders.

(c) In the event of any discrepancy in the material shipped (overage, shortages, damages & items not meeting technical specifications), the contractor shall be responsible for resolving the discrepancy. Normally, such discrepancies are resolved with a properly completed Commercial Bill of Lading, which includes, but is not limited to, the mode of shipment, routing, special handling, and so forth.

(d) The contractor shall inform the Government of the date of shipment from the contractor’s facilities and the anticipated date of arrival at the designated location. This notification shall be made no later than the actual date that the shipment is made from the contractor’s facilities. The notification may be made by facsimile or e-mail, to the point of contact listed in Section G of the contract. All transportation, rigging, drayage, packing, unpacking, and handling necessary to accomplish the installation shall be the responsibility of the contractor unless requested by the Government to leave the equipment packaged.

Section D - Packaging and Marking

SECTION D

Intentionally Left Blank

Section E - Inspection and Acceptance

CLARIFICATION

All acceptance shall be done at destination.

For Combat Training Center and deployable ranges, Government Acceptance Testing (GAT) of the devices shall be done in-plant (SOW, 3.5.2). The devices will be shipped to the site upon successful completion of GAT. Acceptance will be completed upon delivery, inventory and NET at the delivery location.

For ranges that require installation and integration, Government Acceptance Testing of the devices shall be done either in-plant or on-site (SOW, 3.5.2, 3.5.5) after contractor testing as determined by the Government at time of award of the D.O. Acceptance will be completed upon successful GAT, inventory and NET.

The following clause has been added by full text:

5152.246-5003 INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND

INFORMATION (ACC- ORL) (JUN 2015)

Inspection and acceptance of technical data and information will be performed by the Procuring Contracting Officer (PCO) or his duly authorized representative. Inspection of technical data and information will be performed by ensuring successful completion of the requirements set forth in the DD Form 1423, Contract Data Requirements List (CDRL) and incorporation/resolution of Government review comments on the data items.

Acceptance will be evidenced by execution of the duly authorized representatives signature on the receiving report within WAWF.

If the document cannot be uploaded to WAWF for inspection and acceptance, the document may be sent electronically in accordance with instructions delineated in the DD Form 1423;

however the receiving report shall still be submitted within WAWF. Acceptance will be evidenced through WAWF. In WAWF, after document has been created and submitted, the option to submit additional email notifications will be presented. Send additional notification to the e-mail address of Carol Spicer at: judy.c.spicer.civ@mail.mil (End of Clause)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A N/A 0100 Destination Government Destination Government

0101 Destination Government Destination Government 0102 Destination Government Destination Government 0200 Destination Government Destination Government 0201 Destination Government Destination Government 0202 Destination Government Destination Government 0300 Destination Government Destination Government 0301 Destination Government Destination Government 0302 Destination Government Destination Government 0400 Destination Government Destination Government 0401 Destination Government Destination Government 0402 Destination Government Destination Government 0500 Destination Government Destination Government 0501 Destination Government Destination Government 0502 Destination Government Destination Government 0600 Destination Government Destination Government 0601 Destination Government Destination Government 0700 Destination Government Destination Government 0701 Destination Government Destination Government 0800 Destination Government Destination Government 0801 Destination Government Destination Government 0900 Destination Government Destination Government 0901 Destination Government Destination Government 1000 Destination Government Destination Government 1100 Destination Government Destination Government 1101 N/A N/A N/A Government 1102 N/A N/A N/A Government 1103 N/A N/A N/A Government 1104 N/A N/A N/A Government 1105 N/A N/A N/A Government 1106 N/A N/A N/A Government 1107 N/A N/A N/A Government 1108 N/A N/A N/A Government 1109 N/A N/A N/A Government 1110 N/A N/A N/A Government 1111 N/A N/A N/A Government 1112 N/A N/A N/A Government 1113 N/A N/A N/A Government 1114 N/A N/A N/A Government 1115 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984

Section F - Deliveries or Performance

DELIVERY SCHEDULE

Delivery Schedule:

F.1 The BES launchers, including associated cables, stands and brackets shall be delivered 180 calendar days after date of award of Delivery Order unless specified longer than 180 days by the Government at the Delivery Order level. The Initial Spares and Test Cartridges are required to be delivered at the same time as the launchers.

F.2 Unless specified otherwise by individual delivery orders, all items shall be delivered by the Contractor, F.O.B. Destination, all transportation charges prepaid, to the destinations specified and within the time periods specified in individual delivery orders. The term “delivery” means successful completion of all requirements set forth in the contract, to include manufacturing/installation, inspection and acceptance, as specified. Delivery is considered complete upon execution of an unconditional DD Form 250, Material Inspection and Receiving Report for items requiring submission of a DD Form 250 through the Wide Area Work Flow (WAWF) system, and/or upon receipt of a second endorsement acceptance by the Procuring Contracting Officer on PEO STRI 4330/60 Data Item Transmittal/Acceptance/Rejection Form, which is provided as Attachment 6 to this contract in Section J.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

0100 N/A N/A N/A N/A

0101 N/A N/A N/A N/A

0102 N/A N/A N/A N/A

0200 N/A N/A N/A N/A

0201 N/A N/A N/A N/A

0202 N/A N/A N/A N/A

0300 N/A N/A N/A N/A

0301 N/A N/A N/A N/A

0302 N/A N/A N/A N/A

0400 N/A N/A N/A N/A

0401 N/A N/A N/A N/A

0402 N/A N/A N/A N/A

0500 N/A N/A N/A N/A

0501 N/A N/A N/A N/A

0502 N/A N/A N/A N/A

0600 N/A N/A N/A N/A

0601 N/A N/A N/A N/A

0700 N/A N/A N/A N/A

0701 N/A N/A N/A N/A

0800 N/A N/A N/A N/A

0801 N/A N/A N/A N/A

0900 N/A N/A N/A N/A

0901 N/A N/A N/A N/A

1000 N/A N/A N/A N/A

1100 N/A N/A N/A N/A

1101 N/A N/A N/A N/A

1102 N/A N/A N/A N/A

1103 N/A N/A N/A N/A

1104 N/A N/A N/A N/A

1105 N/A N/A N/A N/A

1106 N/A N/A N/A N/A

1107 N/A N/A N/A N/A

1108 N/A N/A N/A N/A

1109 N/A N/A N/A N/A

1110 N/A N/A N/A N/A

1111 N/A N/A N/A N/A

1112 N/A N/A N/A N/A

1113 N/A N/A N/A N/A

1114 N/A N/A N/A N/A

1115 N/A N/A N/A N/A

52.211-17 Delivery of Excess Quantities SEP 1989 52.242-15 Stop-Work Order AUG 1989 52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.247-48 F.O.B. Destination--Evidence Of Shipment FEB 1999

Section G - Contract Administration Data

G

G.1 FUNDING TO BE PROVIDED ON DELIVERY ORDERS

All funding for this contract will be provided on the individual delivery orders. A Delivery Order will be issued concurrent to award of this contract, which will meet the Government’s minimum guarantee amount.

G.2 PAYMENT INSTRUCTIONS

Payment instructions to provide a methodology for the payment office to assign payments to the appropriate accounting classfication citation(s) will be provided in the individual delivery orders as appropriate. In accordance with DFARS PGI 204.7108 Payment Instructions, the payment office shall allocate and record the amounts paid to the accounting classification citations in the contract using the table at the link provided below, based on the type of payment request submitted (see DFARS 252.232-7006) and the type of effort.

Link: https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions

G.3 CONTRACTOR’S AUTHORIZED CONTRACT COORDINATOR AND TECHNICAL LIAISON

(A) The contractor shall state below the name and telephone numbrs of the contractor’s employees responsible for coordination of contract functions/liaison with the Contracting Officer and/or Contract Aministrator, and providing technical assistance as required regarding product specifications, functionality, etc…

CONTRACT COORDINATOR:

NAME: _________________________________________________________

PHONE (BUS): ___________________________________________________

PHONE (AFTER HOURS): ___________________________________________

ALTERNATE:

NAME: _________________________________________________________

PHONE (BUS): ___________________________________________________

PHONE (AFTER HOURS): ___________________________________________

(B) The contractor shall notify the Contracting Officer and/or Contract Administrator in advance, in writing, of any changes in the above-listed personnel.

To be completed at time of contract award.

252.204-7006 Billing Instructions OCT 2005

CLAUSES INCORPORATED BY FULL TEXT

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018)

(a) Definitions. As used in this clause--

Contract financing payment means an authorized Government disbursement of monies to a contractor prior to acceptance of supplies or services by the Government.

(1) Contract financing payments include--

(i) Advance payments;

(ii) Performance-based payments;

(iii) Commercial advance and interim payments;

(iv) Progress payments based on cost under the clause at Federal Acquisition Regulation (FAR) 52.232-16, Progress Payments;

(v) Progress payments based on a percentage or stage of completion (see FAR 32.102(e)), except those made under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at FAR 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and

(vi) Interim payments under a cost reimbursement contract, except for a cost reimbursement contract for services when Alternate I of the clause at FAR 52.232-25, Prompt Payment, is used.

(2) Contract financing payments do not include--

(i) Invoice payments;

(ii) Payments for partial deliveries; or

(iii) Lease and rental payments.

Electronic form means any automated system that transmits information electronically from the initiating system to affected systems.

Invoice payment means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government.

(1) Invoice payments include--

(i) Payments for partial deliveries that have been accepted by the Government;

(ii) Final cost or fee payments where amounts owed have been settled between the Government and the contractor;

(iii) For purposes of subpart 32.9 only, all payments made under the clause at 52.232-5, Payments Under Fixed- Price Construction Contracts, and the clause at 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and

(iv) Interim payments under a cost-reimbursement contract for services when Alternate I of the clause at 52.232-25, Prompt Payment, is used.

(2) Invoice payments do not include contract financing payments.

Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract or task or delivery order.

Receiving report means the data prepared in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense Federal Acquisition Regulation Supplement.

(b) Except as provided in paragraph (d) of this clause, the Contractor shall submit payment requests and receiving reports in electronic form using Wide Area WorkFlow (WAWF). The Contractor shall prepare and furnish to the Government a receiving report at the time of each delivery of supplies or services under this contract or task or delivery order.

(c) Submit payment requests and receiving reports to WAWF in one of the following electronic formats:

(1) Electronic Data Interchange.

(2) Secure File Transfer Protocol.

(3) Direct input through the WAWF website.

(d) The Contractor may submit a payment request and receiving report using methods other than WAWF only when-

(1) The Contractor has requested permission in writing to do so, and the Contracting Officer has provided instructions for a temporary alternative method of submission of payment requests and receiving reports in the contract administration data section of this contract or task or delivery order;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment on a contract or task or delivery order for rendered health care services using the TRICARE Encounter Data System; or

(4) The Governmentwide commercial purchase card is used as the method of payment, in which case submission of only the receiving report in WAWF is required.

(e) Information regarding WAWF is available at https://wawf.eb.mil/.

(f) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

(End of clause)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC All to be provided in the individual delivery orders.

Issue By DoDAAC ____

Admin DoDAAC** ____

Inspect By DoDAAC ____

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

To be provided in the individual delivery orders.

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

Section H - Special Contract Requirements

SECTION H

Section H - Special Contract Requirements

H.4 LIABILITY INSURANCE

The following types of insurance are required in accordance with the Clause entitled, FAR 52.228-5, “Insurance-- Work on a Government Installation” and 52.228-7, “Insurance--Liability to Third Persons” and shall be maintained in the minimum amounts shown:

(a) Comprehensive General Liability: $200,000 per person and $500,000 per accident for bodily injury.

(b) Automobile Insurance: $200,000 per person and $500,000 per accident for bodily injury and $500,000 per accident for property damage.

(c) Standard Workman’s Compensation and Employer’s Liability Insurance (or, where maritime employment is involved, Longshoremen’s and Harbor Worker’s Compensation Insurance) in the minimum amount of $100,000.

(d) Aircraft public and passenger liability: $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability; $200,000 per occurrence for property damage. Passenger bodily injury liability limits of $200,000 per passenger, multiplied by the number of seats or number of passengers, whichever is greater.

H.5 ORGANIZATIONAL CONFLICTS OF INTEREST

(a) Purpose. This information seeks to ensure that the contractor (1) does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract, and (2) is not biased because of its current or planned interests (financial, contractual, organizational or otherwise) that relate to the work under this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor (as defined in paragraph (d)(7)) in the activities covered by this instruction.

(1) The restrictions set forth in paragraph (e) apply to supplies, services, and other performance rendered with respect to the suppliers and/or equipment listed in Attachment 1- Basic Statement of Work (SOW) and each subsequent individual delivery order placed against the Basic SOW will specify to which suppliers and/or equipment subparagraph (f) restrictions apply.

(2) The financial, contractual, organizational and other interests of contractor personnel performing work under this contract shall be deemed to be the interests of the contractor for the purposes of determining the existence of an Organizational Conflict of Interest. Any subcontractor that performs any work relative to this contract shall be subject to this information. The contractor agrees to place in each subcontract affected by these instructions the necessary language contained within.

(c) Waiver. Any request for waiver of this instruction shall be submitted in writing to the Procuring Contracting Officer. The request for waiver shall set forth all relevant factors including proposed contractual safeguards or job procedures to mitigate conflicting roles that might produce an Organizational Conflict of Interest. No waiver shall be granted by the Government with respect to prohibitions pursuant to access to proprietary data.

(d) Definitions. For purposes of application, the following definitions are applicable:

(1) “System” includes system, major component, subassembly or subsystem, project, or item.

(2) “Non-developmental items” as defined in FAR 2.101.

(3) “Systems Engineering” (SE) includes, but is not limited to, the activities in FAR 9.505-1(b).

(4) “Technical direction” (TD) includes, but is not limited to, the activities in FAR 9.505-1(b).

(5) “Advisory and Assistance Services” (AAS) are those services acquired from non-governmental sources to support or improve agency policy development or decision making; or, to support or improve the management of organizations or the operation of hardware systems. Such services may encompass consulting activities, engineering and technical services, management support services and studies, analyses and evaluations.

(6) “Consultant services” as defined in FAR 31.205-33(a).

(7) “Contractor”, for the purposes of this information, means the firm signing this contract, its subsidiaries and affiliates, joint ventures involving the firm, any entity with which the firm may hereafter merge or affiliate, and any other successor or assignee of the firm.

(8) “Affiliates,” means officers or employees of the prime contractor and first tier subcontractors involved in the program and technical decision-making process concerning this contract.

(9) “Interest” means organizational or financial interest.

(10) “Weapons system supplier” means any prime contractor or first tier subcontractor engaged in, or having a known prospective interest in the development, production or analysis of any of the weapon systems, as well as any major component or subassembly of such system.

(e) Contracting restrictions.

[ ] (1) To the extent the contractor provides systems engineering and/or technical direction for a system or commodity but does not have overall contractual responsibility for the development, the integration, assembly and checkout (IAC) or the production of the system, the contractor shall not (i) be awarded a contract to supply the system or any of its major components or (ii) be a subcontractor or consultant to a supplier of the system or of its major components. The contractor agrees that it will not supply to the Department of Defense (either as a prime contractor or as a subcontractor) or act as consultant to a supplier of, any system, subsystem, or major component utilized for or in connection with any item or other matter that is (directly or indirectly) the subject of the systems engineering and/or technical direction or other services performed under this contract for a period of [Insert the period of prohibition] after the date of completion of the contract. (FAR 9.505-1(a)) [ ] (2) To the extent the contractor prepares and furnishes complete specifications covering non-developmental items to be used in a competitive acquisition, the contractor shall not be allowed to furnish these items either as a prime contractor or subcontractor. This rule applies to the initial production contract, for such items plus a specified time period or event. The contractor agrees to prepare complete specifications covering non-developmental items to be used in competitive acquisitions, and the contractor agrees not to be a supplier to the Department of Defense, subcontract supplier, or a consultant to a supplier of any system or subsystem for which complete specifications were prepared hereunder. The prohibition relative to being a supplier, a subcontract supplier, or a consultant to a supplier of these systems of their subsystems extends for a period of [Insert the period of prohibition] after the terms of this contract. (FAR 9.505-2(a)(1)) [ ] (3) To the extent the contractor prepares or assists in preparing a statement of work to be used in competitively acquiring a system or services or provides material leading directly, predictably and without delay to such a work statement, the contractor may not supply the system, major components thereof or the services unless-

(i) It is the sole source;

(ii) It has participated in the development and design work; or

(iii) More than one contractor has been involved in preparation of the work statement.

The contractor agrees to prepare, support the preparation of or provide material leading directly, predictably and without delay to a work statement to be used in competitive acquisitions, and the contractor agrees not to be a supplier or consultant to a supplier of any services, systems or subsystems for which the contractor participated in preparing the work statement. The prohibition relative to being a supplier, a subcontract supplier, or a consultant to a supplier of any services, systems or subsystems extends for a period of [Insert the period of prohibition] after the terms of this contract. (FAR 9.505-2(a)(1)) [ ] (4) To the extent work to be performed under this contract requires evaluation of offers for products or services, a contract will not be awarded to a contractor that will evaluate its own offers for products or services, or those of a competitor, without proper safeguards to ensure objectivity to protect the Government’s interests.

Contractor agrees to the terms and conditions set forth in the Statement of Work that are established to ensure objectivity to protect the Government’s interests. (FAR 9.505-3) [X] (5) To the extent work to be performed under this contract requires access to proprietary data of other companies, the contractor must enter into agreements with such other companies which set forth procedures deemed adequate by those companies (i) to protect such data from unauthorized use or disclosure so long as it remains proprietary and (ii) to refrain from using the information for any other purpose other than that for which it was furnished. Evidence of such agreement(s) must be made available to the Procuring Contracting Officer upon request. The contractor shall restrict access to proprietary information to the minimum number of employees necessary for performance of this contract. Further, the contractor agrees that it will not utilize proprietary data obtained from such other companies in preparing proposals (solicited or unsolicited) to perform additional services or studies for the United States Government.