W91RUS24R0025-U0001 FINAL CONFORM DOC.pdf

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RATING PAGE OF PAGES

7. ISSUED BY

(Dat e)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other aut horized official writt en not ice.

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

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

1 74

(If other t han 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.

W91RUS 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in t he Schedule will be received at t he place specified in Item 8, or if handcarried, in the depository locat ed 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 t erms and conditions contained in t his solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 4 5 - 6

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

7 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 10 - 14 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 15 - 21 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if t he 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 t he 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 t he SOLICITATION for offerors and related documents numbered and dat ed):

FACILITY

12. In compliance with the above, t he undersigned agrees, if this offer is accept ed 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 Cont ract ing 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 copi es 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

22 - 60

PART II - CONTRACT CLAUSES

ACC-APG - HUACHUCA DIVISION

NADIA FIRESTONE 2133 CUSHING ST

FT HUACHUCA AZ 85613

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicita tions "off er" and "off eror" m ean "bid" and "bidder ".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

01 Jul 2024

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W91RUS24R0025

Section SF 30 - BLOCK 14 CONTINUATION PAGE

QUESTIONS AND ANSWERS

Questions and Answers:

# Question Answer

1 Page 3, Item 9: Could a 3-week extension for the proposal submission be granted (until 13 August 2024) to allow more time to estimate the resources required to execute the work, based on the responses to the following questions?

An extension of 13 business days will be granted. Proposals will be due on Friday 9 August 2024 no later than 12:00PM Arizona time.

2 Page 4, Clin item 1002: Can the estimated cost for materials be deferred until the design phase has been able to determine which components (i.e. PIV System or Model Positioning System, etc.) can fit within the budget.

Provide a bill of materials, labor, etc. breakdown upon completion of the design phase and prior to the procurement phase that fits within the given budget.

3 Page 14: Please clarify if there is any fee that will be able to be applied to the material cost (Clin item 1002) in option year 1.

Not allowed to charge profit/fee on materials costs. Material handling indirect rates are allowed.

4 Page 62: The deliverables for Phase 1 Design and Phase 2 Supply for the subsonic WT seem to be dependent on which components (i.e. PIV System or Model Positioning System, etc.) from J003 – Annex B will fit within the defined Phase 2 budget. Please confirm that the final deliverables will depend on what can be priced to fit within the Phase 2 budget of $2,450,000 during the design phase.

Solution delivered should be designed to best achieve design objectives given while fitting within the provided constraints including budget and space.

5 Page 62: If it is determined early in the Phase 1 process that none of the components for the Supersonic WT will be feasible to procure within the defined Phase 2 budget, does this mean that additional design planning, specification development, or ROM costing in Phase 1 for the supersonic WT components can be stopped at that point in time?

How the offerors plan to perform the design process should be explained in the proposal. This could include an early system conceptual design to determine which components and capabilities are feasible followed by a preliminary design that only focuses design planning, spec development, ROM costing, etc. on selected design alternatives. Alternatively, offerors could also price and design each element/capability independently and select those “a la cart” to fit within constraints, or some other design process. How the offerors plan to do this is what we want to know in the proposal.

Section A - Solicitation/Contract Form

SECTION A

SECTION A

A. Contract Summary

1. Program Title: United States Military Academy (USMA) Wind Tunnel, West Point, New York.

2. Ensure that this Request for Proposal (RFP) is read in its entirety and provide a conforming proposal that addresses all areas. Failure to do so could result in the proposal being determined non-responsive and not evaluated.

3. This is an unrestricted solicitation using the competitive procedures described in FAR Part 15 to procure a wind tunnel for the United States Military Academy (USMA) at West Point, New York. Offers are to design, build and then install a wind tunnel per the Statement of Objectives (SOO) which is attached in section J of this solicitation. The intent of this SOO is to find the best value offer for a custom wind tunnel that meets or exceeds the objectives listed in the SOO. Exceeding the Performance Objectives may benefit the USMA by enabling the future expansion of the engineering Program of Instruction (POI).

4. Period of Performance (POP): The Period of Performance for this contract will be a base year of 12 months for the design of the wind tunnel and then an option year one for the build at offerors location and then the installation at West Point.

5. This acquisition will use a best value approach that permits trade-offs between price and non-cost factors and allows the Government to accept other than the highest technically rated and/or lowest priced proposal. The perceived benefits of the higher priced proposal shall merit the additional cost, and the rationale for tradeoffs shall be documented in the file in accordance with FAR 15.406. Therefore, award may be made to an offeror with a higher Most Probable Cost (MPC) if the added benefits to the Government warrant paying a higher cost. Offerors are cautioned that award may not necessarily be made to the lowest price offered.

6. The resultant contract will be a non-personal services, performance based, incrementally funded, non-commercial, cost reimbursable, single “C” type contract awarded to the responsible offeror whose proposal conforms to the RFP requirements and presents the best value to the Government, with appropriate consideration given to the evaluation factors of Mission Support, Past Performance, and Cost.

7. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Proposals shall be complete and include all information the offeror wants the Government to consider and evaluate and conform to all required terms and conditions

8. Questions: Any questions about Solicitation W91RUS24R0025 must be submitted via email by 10 July 2024, 5:00PM Arizona Time.

Questions submitted after this date will not be answered. No questions will be answered telephonically. All questions must be submitted via email to individuals listed below:

Nadia I. Firestone Contract Specialist Nadia.i.firestone.civ@army.mil

Craig A. Metzger Contract Specialist Craig.a.metzger4.civ@army.mil

Lorraine I. Arciniega Contracting Officer Lorraine.i.arciniega.civ@army.mil

Please provide the applicable SOO paragraph number, page number, CLIN number, or other applicable location in the Solicitation for each question.

All questions received will be answered and distributed to all parties by a posting under the solicitation number to https://sam.gov, without an identification of the requestor.

Check https://sam.gov for responses to questions. No verbal or email responses will be provided.

Contracting is unable to upload AutoCAD drawings.

9. Proposal Submission: Proposals shall be submitted as set forth in Section L –Instructions, Conditions and Notices (Section L) to offerors below and shall be received by the Government no later than 12:00PM, Arizona time, on 9 August 2024.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Base Year Design Labor

CPFF

FOB: Destination

PSC CD: 6636

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

OPTION Option Year 1 Labor

CPFF

FIXED FEE

TOTAL EST COST + FEE

OPTION Option Year 1 Materials

COST

OPTION Option Year 1 Travel

COST

OPTION Option Year 1 ODCs

COST

Other Direct Costs - Can include but not limited to: Shipping and Handling, Rental Equipment.

Section C - Descriptions and Specifications

SECTION C

SECTION C

C-1 STATEMENT OF OBJECTIVES

1. The Statement of Objectives (SOO) and all its applicable documents are listed at Section J, Attachment 001-Attachment 006.

2. A list of the Contract Data Requirements Lists (CDRLs) that apply to this contract are listed at Section J, Attachment 008 through Attachment 012. The Contractor will prepare and deliver the data and information in accordance with the requirements, quantities and schedules set forth by these CDRLs.

C-2 POST AWARD ORIENTATION CONFERENCE

Within 30 days after contract award, a Post-Award Orientation Conference will be convened by the Contracting Officer. The conference shall be conducted in accordance with FAR 42.503 procedures.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government

Section F - Deliveries or Performance

SECTION F

SECTION F

F-1 Place of Performance

The Place of Performance, during the base period, will be at the contractor’s primary location/facility for engineering design purposes. The option period for installation, test, and acceptance testing will be performed at the United States Military Academy (USMA) West Point New York, Cyber & Engineering Academic Center (CEAC) BLDG 754, currently under construction; the building is on schedule to finish in May 2025.

There will be access restrictions at government installation access points that will require coordination for physical entrance as well access/identification badges.

F-2 Period of Performance

This contract will consist of a base year for the design of the wind tunnel and then an option year one for the build and installation of the wind tunnel.

Contractors may be required to continue services under this contract for up to one year after the expiration of the ordering period in accordance with FAR 17.204(d).

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

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

1001 N/A N/A N/A N/A

1002 N/A N/A N/A N/A

1003 N/A N/A N/A N/A

1004 N/A N/A N/A N/A

Section G - Contract Administration Data

SECTION G

SECTION G

G-1 CONTRACT ADMINSTRATION

1. Government Administration of this contract will be performed by:

Army Contracting Command Aberdeen Proving Grounds (ACC - APG) 2133 Cushing Street Greely Hall, Bldg 61801, Room 2367 Fort Huachuca, AZ 85613-7070 Administrator: Ms. Nadia Firestone Telephone #: 520-692-1411 Email Address: nadia.i.firestone.civ@army.mil

2. Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government points of contact during the performance of the contract:

a. CONTRACTING OFFICER (KO). Total overall Government responsibility for this contract rests with the KO. All contract administration will be performed by the contracting officer at the ACC-APG Huachuca Division. All communications pertaining to contractual administrative matters will be addressed to the Contracting Officer.

b. CONTRACTING OFFICER'S REPRESENTATIVE (COR). The Contracting Officer shall designate an individual to act as the primary COR during the term of this contract in accordance with Section I, DFARS clause 252.201-7000 Contracting Officer’s Representative. The COR will represent the Contracting Officer in all technical aspects of the work to be performed. The COR will act in a liaison capacity to coordinate activities between the Government and the Contractor, provide assistance in the identification and resolution of problems, conflicts in priority, requirement definitions, and other operations related problems.

A letter of designation will be issued to the COR with a copy provided to the contractor stating the responsibilities and limitations of the COR.

G-2 CONTRACT AUTHORITY

1. Contracting Officer's Authority: The Contracting Officer is the only person authorized to direct changes in any of the requirements under this contract, and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and solely at the risk of the Contractor.

2. Contractor's Authority:

a. The Contractor shall not accept any instructions issued by any person employed by the U.S. Government or otherwise, other than the Contracting Officer, or the Contracting Officer's Representative (COR) acting within the limits of their authority.

b. The Contractor shall not in any way represent that he is a part of the United States Government or that he has the authority to contract or procure supplies for the account of the United States of America.

G-3 LEVEL OF EFFORT (LOE) – FIXED FEE (FOR COST-PLUS FIXED-FEE, TERM CLINS)

1. To receive payment of the total fixed fee specified in the Schedule, the Contractor agrees to provide the total LOE specified below in performance of the services specified in this contract.

Period of Performance CLIN Total Labor Hours Base Year Design Labor 0001 Option Year 1 Labor 1001

2. The total LOE includes subcontractor direct labor.

3. Of the total LOE, it is estimated that 0 man-hours are uncompensated effort. Uncompensated effort is defined as hours provided by personnel in excess of 40 hours per week without additional compensation for such excess work.

All other effort is defined as compensated effort. If no effort is indicated in the first sentence of this paragraph, uncompensated effort performed by the Contractor shall not be counted in fulfillment of the level of effort obligations under this contract.

4. Effort performed in fulfilling the total LOE specified above shall only include effort performed in direct support of this contract and shall not include time and effort expended performing such actions as local travel to and from an employee's usual work location, uncompensated effort while on travel status, truncated lunch periods, work (actual or inferred) at an employee's residence or other non-work locations, or other time and effort that does is not specifically and directly related to performing work within scope of this contract/order.

5. The LOE expended by the Contractor under this contract may reasonably fluctuate in order to meet the objectives of the contract/order and as outlined in technical guidance letters issued by the Contracting Officers Representatives (COR). If the Government determines that it needs to increase the total LOE under the contract/order it will do so by issuing a bi-lateral modification to the contract/order.

6. If the Contractor believes the total LOE will be expended prior to the end of the period of performance the Contractor shall notify the Contracting Officer in writing. The notification shall contain all the information necessary to support the need for the additional LOE as well as the cost of the LOE. If the Government concurs, the Contracting Officer will negotiate a change to the total LOE and increase the estimated cost and fixed fee as appropriate.

7. If the total LOE specified in paragraph a above is not provided by the Contractor during the specified period of performance, the Contracting Officer, at their sole discretion, shall either:

(i) Reduce the fee of this contract as follows:

Fee Reduction Percentage = Total LOE – Expended LOE / Total LOE Or (ii) require the Contractor to continue to perform work until the total LOE shall have been expended, at no increase in the fee.

8. The Contractor shall indicate on each invoice for payment the total LOE expended during the period covered by the invoice, separately identifying compensated effort and uncompensated effort, if any.

9. Within 45 calendar days after end of a period of performance specified in the contract/order, the Contractor shall request payment of the fixed fee submitting the following information in writing to the Contracting Officer with copies to the cognizant Contract Administration Office and to the DCAA office to which vouchers are submitted: (1) the total LOE expended during the period of performance; (2) a breakdown of the total LOE showing the number of man hours expended in each direct labor classification; (3) justification for the amount of fee requested. Fee payment requests shall include subcontractor LOE information as applicable.

10. Notwithstanding any of the provisions in the above paragraphs, the Government is authorized to require the Contractor to provide 10 percent additional total LOE at no increase in fixed fee.

G-4 MANDATORY COST LANGUAGE

1. Contract Performance Assessment Reporting System (CPARS)

a. If in any performance period, the Contractor is projecting a cost overrun in excess of 10% of the proposed estimated cost for that period, which is determined to not be a result of Government direction and not attributable to Forward Pricing Rate Agreement (FPRA) changes, the projected cost overrun may trigger a Show Cause or Termination for Default subject to the Contracting Officers discretion. Note:

Contractors proposing at current FPRA rates and invoicing at current Provisional Billing rates will not trigger a Show Cause or termination for Default.

b. If in performance of the contract, the Contractor incurs a cost overrun of greater than 5% and less than 10% or more during that CPARS evaluation period, which is determined not to be a result of Government direction or Contractor Provisional Billing rates, the Contractor shall receive a Marginal rating for that periods CPARS cost element.

c. If in performance of the contract, the Contractor incurs a cost overrun of 10% during that CPARS evaluation period, which is determined not to be a result of Government direction or Contractor Provisional Billing rates, the Contractor shall receive an Unsatisfactory rating for that periods CPARS cost element.

d. Assessing official: Contracting Officer (KO) Assessing official representative: Contracting Officer's Representative (COR) Contractor representative:

Designated Contractor representative.

e. Training for all persons responsible for the preparation and review of performance assessments is available online at: https://www.cpars.gov/lc.htm

G-5 LEVEL OF EFFORT CHANGES

1. All level of effort changes resulting from other than a change in the SOO requirements shall be considered cost growth and shall be non-fee bearing for all cost reimbursement, fee bearing CLINs/ SLINs.

G-6 PAYMENT OF FEE

1. The Contractor shall submit a Standard Form 1034, Public Voucher for Purchases and Services Other Than Personal to TBD.

2. The Contractor may combine reimbursement of the monthly fixed fee with the monthly reimbursement of actual dollar costs (See Section G Clause entitled "Submittal of Invoices").

3. During each performance period, the Contractor shall be paid in accordance with FAR Clause 52.216-8, Fixed Fee, in equal monthly installments of the fixed fee attributable to that performance period. Fee will be withheld during each contract performance period in accordance with FAR Clause 52.216-8.

4. Fee Schedule is payable, minus the fee withheld, as one twelfth (1/12) for the base year, and one twelfth (1/12) for the subsequent option year of the amount of Fixed Fee attributable to that performance period per month.

NOTE: All option year schedules will be incorporated by contract modification.

5. Other direct costs shall be non-fee bearing as defined in Section B.

6. Any new work not associated with the established cost reimbursable estimates will be considered on a case by case basis.

DEFENSE CONTRACT AUDIT AND ADMINISTRATION OFFICE

The contractor’s cognizant Defense Contract Audit Agency (DCAA) which will perform contract audits is: Mailing Address: DCAA Auditor’s name: ______________________________________________________________ Telephone number: ___________________________________________________________ Facsimile number: ____________________________________________________________ The contractor’s cognizant Defense Contract Management Command (DCMC), Contract Administration Services (CAS) office is: ________________________________________________________

Mailing Address: DCMA Administrator’s name: ____________________________________________________________ Telephone number: ______________________________________________________________ Facsimile number: _______________________________________________________________ E-mail address:__________________________________________________________________

G-7 CONTRACT MANAGEMENT

1. Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The following individuals will be the Government points of contact during the performance of the contract.

2. Contracting Officer. All contract administration will be performed by the Contracting Officer at the address shown in section G-1 CONTRACT ADMINISTRATION. All communications pertaining to contractual administrative matters will be addressed to the Contracting Officer.

3. Contracting Officer's Representative (COR). The Contracting Officer (KO) will appoint a COR from the requiring activity for this contract. The COR does not have the authority to award, agree to, or sign any contract, or modification or in any way to obligate the payment of money by the Government. The COR does not have the authority to take any action that may affect contract schedules, funds, or scope. All contractual agreements, commitments, or modifications that involve price, quantity, quality, schedules or other terms and conditions of the contract or task order shall be made by the KO only. The COR will provide oversight to the KO of the Contractor performance and assist in contract administration subject to the limitations outlined in the COR appointment letter. A COR appointment letter will be issued to the COR with a copy provided to the Contractor stating the responsibilities and limitations of the COR.

4. Technical Monitor (TM). The KO will appoint a TM from the requiring activity for the contract. The TM does not have the authority to award, agree to, or sign any contract, or modification or in any way to obligate the payment of money by the Government. The TM does not have the authority to take any action that may affect contract or task order schedules, funds, or scope. All contractual agreements, commitments, or modifications that involve price, quantity, quality, schedules or other terms and conditions of the contract or task order shall be made by the KO only.

The TM will represent the KO in all technical aspects of the work and will act in a liaison capacity to coordinate activities between the Contractor and the Government as required in performance of the contract. A TM appointment letter will be issued to the TM with a copy provided to the Contractor stating the responsibilities and limitations of the TM.

G-8 INVOICING INSTRUCTIONS

1. All contract invoices, cost vouchers and applicable backup documentation shall be sent to the COR and KO via email for review and acceptance before it is entered into Wide Area Workflow (WAWF) for payment. The COR has five working days to accept or reject all contract invoices and applicable backup documentation by email. The COR may request additional time for review by email. If additional time is not requested or the COR does not respond to the Contractor with rejection or acceptance after the five working days, the Contractor is authorized to enter their invoice into WAWF.

2. All invoices shall be submitted in accordance with FAR CLAUSE 52.232-25 Alternate I, Prompt Payment.

3. COST REIMBURSABLE CLINS - The Public Voucher for Purchases and Services Other than Personal, Standard Form 1034, shall be used as an invoice for the Cost Reimbursable CLINs. Upon the Government’s review and acceptance described at G-8(1) above, the Contractor shall submit the SF 1034 electronically to the cognizant Defense Contract Audit Agency (DCAA), one copy to the COR and one copy to the Contracting Officer. If the contractor is participating in the direct billing program, the contractor is authorized to submit the first voucher directly to DFAS and provide a copy of the first voucher to DCAA within five days of submission to DFAS. When submitting first vouchers directly to DFAS, one copy of the DCAA authorization memorandum should be forwarded with the voucher; the signature block on the voucher should state: "Direct Submission Authorized."

4. Failure of the contractor to comply with the instructions provided herein will be considered as an improper invoice submission and the time period for payment set forth in the terms of the Prompt Payment Act will not commence until receipt of proper invoice by Finance and Accounting Office designated. The interest penalties of the Act do not apply to advance or progress payments.

G-10 CONTRACTOR'S PROPOSAL

The Contractor's Proposal, or portions thereof, may be incorporated into the contract.

G-11 ESTIMATED CONTRACT COSTS

The Government expects the offeror to perform the work for the estimated cost. If additional costs are required due to circumstances beyond those that could reasonably have been anticipated at the time of final proposal submissions, a contract change proposal (CCP) must be submitted to the Contracting Officer within 30 days after such circumstances are known or reasonably should have been known by the contractor. The above shall not be construed to be contrary to the applicable Changes clause. Costs incurred after a CCP has been disapproved by the Contracting Officer will not be paid.

G-12 CONTRACT MODIFICATIONS

The successful offeror’s proposed indirect rates (including overhead and G&A) and fee for any contract modifications during the performance of the awarded contract shall be at the same rates contained in the proposal, subject to periodic revision of the indirect rates to be found adequate by DCMA.

G-13 UNBURDENED LABOR RATES

The Contractor is required to obtain approval from the Contracting Officer to increase any previously negotiated unburdened labor rates. Written justification and supporting documentation must be submitted with the CCP for consideration.

Section H - Special Contract Requirements

SECTION H

SECTION H

H-1 ESTIMATED TIME TO COMPLETE

1. Subject to the requirements of 'Incremental Funding' provision and the 'Limitation of Funds' and the 'Allowable Cost, and Payment' clauses of this contract, the following is incorporated herein:

a. It is estimated that 12 months for the base year of design and then an option year one for the build and installation of the wind tunnel will be required by the Contractor to complete the work called for in the Schedule (Sections A thru H) hereof. The funds allocated hereunder and set forth in the Schedule cover the estimated funding required for a period of 12 months, up to and including one option year. Succeeding funding to cover the total cost/performance of this contract will be in increments of 12 months or less for each fiscal year, as required.

H-2 ESTIMATED COST and FIXED FEE

1. Estimated Cost: The estimated cost of the Contractor's performance hereunder, exclusive of the fixed fee, is to be determined at the time of award which amount is based upon data on file in the office of the KO. This sum may be increased from time to time by the Government solely at its discretion. Upon the making of any such increase, the KO shall notify the Contractor in writing thereof.

2. Fixed Fee: In addition to the estimated cost, the Government shall pay the Contractor a fixed fee of no more than 10.00 percent of the labor hours for the performance of this contract. Subject to the withholding provided for in the clause of this contract entitled 'Fixed Fee', and unless the KO determines that the Contractor's performance is unsatisfactory, this fixed fee may be paid, as it accrues in monthly installments in amounts which, when added to all previous payments on account of the fixed fee, bear the same proportion to the total fixed fee as the sum of the payments made and due on account of all allowable cost bear to the total estimated cost, or where appropriate, such payments of fixed fee will be based upon the percentage of completion of the work as determined from estimate made or approved by the KO.

H-3 FEE

1. The maximum fee rate of 10.00 percent applies to any and all fixed fee and cost plus fixed fee CLINs.

Travel and ODC CLINs will be cost no fee. The maximum fee rate for the optional ordering period also applies to any option year periods that may extend beyond the optional ordering period. Contractors shall not propose fees for fixed fee and cost plus fixed fee CLINs that exceed the maximum fee rate.

H-4 CONTRACTOR REQUEST AND GOVERNMENT APPROVAL OF TRAVEL

1. Any travel must be specifically requested by the Contractor and approved by the COR prior to any travel costs being incurred. All requests and approvals shall be written, by mutual concurrence between the COR and the Contractor. There may be verbal requests but only the KO can give a verbal approval. Verbal requests and approvals shall be confirmed in writing within 24 hours.

2. The request shall include as a minimum, the following:

a. Contract number

b. Date, time, and place of proposed travel

c. Purpose of travel and how it relates to the task order

d. Contractor's estimated cost of travel and intended method of travel

e. Name(s) and title of individual(s) traveling

f. A breakdown of estimated travel expenses and per diem charges.

3. The costs for travel, subsistence, and lodging shall be reimbursed to the Contractor only to the extent that it is necessary and authorized prior to travel for performance of the work under this contract. The costs for travel, subsistence, and lodging shall be incurred in the performance of task orders and shall be invoiced on an actual cost basis.

4. The Contractor shall utilize the most economical airfare available and costs shall be limited to the rates specified in Volume II of the Joint Travel Regulation in effect at the time the travel is actually performed and in accordance with FAR 31.205-46, which is incorporated by reference into this contract. Using Government funds to pay for premium travel (including first and business class) is not allowable unless specifically authorized. Exceptions for the use of premium travel shall be approved in writing by the KO prior to travel.

5. As specified in FAR 31.205-46(a)(2), reimbursement for the costs incurred for lodging, meals and incidental expenses (as defined in the travel regulations cited subparagraphs 1 through 3 below) shall be considered to be reasonable and allowable only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the following:

a. (i) Federal Travel Regulation prescribed by the General Services Administration for travel in the contiguous 48 United States;

b. (ii) Joint Travel Regulation, Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense for travel in Alaska, Hawaii, The Commonwealth of Puerto Rico, and the territories and possessions of the United States; or

c. (iii) Standardized Regulations, (Government Civilians, Foreign Areas), Section 925, "Maximum Travel Per Diem Allowances in Foreign Areas" prescribed by the Department of State

6. The Contractor shall submit receipts over $75.00 for all travel and per diem expenses with its invoice.

7. In the event the Contractors must pay additional compensation to their employees for hardship, post differential and hazardous duty, the Department of State Standardized Regulations (DSSR) shall be followed. DSSR can be found at http://aoprals.state.gov. Any costs related to hardship, post differential and hazardous duty will be considered on a case-by-case basis and negotiated.

H-5 COMPLIANCE WITH LAWS AND REGULATIONS

1. The Contractor shall comply with, and shall ensure that its employees and its subcontractors and their employees, at all tiers, are aware of and obey all U.S. laws, Federal or DoD regulations.

H-6 CONTRACTOR HEALTH AND SAFETY

1. The Contractor is responsible for the safety and occupational health of its workforce. The Contractor also must prevent exposing Government personnel, facilities, equipment, and the general public to health and safety hazards arising from Contractor’s performance under this Contract.

2. Contractors shall identify and evaluate system safety and health hazards, define risk levels, and establish a program that manages the probability and severity of all hazards associated with the performance of the requirements of a task order. All inherent safety and health hazards shall be identified, evaluated and either eliminated or controlled to ensure minimum risk to the environment and personnel. The Contractor shall comply with the Occupational Safety and Health Act (OSHA) and all federal, state, and local safety laws and regulations and standards as applicable in effect at all work sites. The Contractor shall participate in the Government's safety program and Government job hazard analysis/risk assessments. Compliance with provisions pertaining to safety of site facilities and equipment is mandatory.

3. During the performance of tasks requiring protective equipment and clothing, Contractor employees shall wear safety items required by OSHA and as specified in the applicable regulations. The Contractor shall be responsible for providing personal protective equipment, clothing and training to its employees.

4. Contractor employees, and all associated Subcontractor employees with an area of performance within a Government-controlled installation, facility or area, shall attend Government-provided ISEC Technical Monitor (TM) specific safety training. Specific TM training content is directed by the Commander, with the COR being the local point of contact.

5. The Government reserves the right to conduct unannounced safety inspections at any time.

6. The TM may require the Contractor to cease operations associated with the performance of this contract for safety violation reasons. The Contractor shall correct any safety violations, caused by a Contractor employee during non-duty hours, at no additional cost to the Government.

7. The Contractor shall ensure all employees receive the safety training required by all federal, state and local laws and policies. The Contractor shall maintain the safety training records and make them available to the COR and KO upon request for the duration of the contract.

H-7 HOURS OF WORK

1. Work within the continental limits of the United States and its possessions shall not normally exceed eight hours per day or forty hours per normal workweek.

2. The Contractor work week is forty hours. The Contractor will obtain written approval from the KO prior to incurring any hours in excess of the Contractor work week in accordance with task order hours. Any services that extend beyond the forty hours in a given calendar week will be billed in accordance with FAR 52.237-10.

3. Contractor personnel performing at a Government site shall observe federal holidays and other days identified in this section unless otherwise indicated in a task order. The Government observes the following days as holidays:

NEW YEAR'S DAY

MARTIN LUTHER KING JR DAY

PRESIDENTS DAY

MEMORIAL DAY

JUNETEENTH DAY

INDEPENDENCE DAY

LABOR DAY

COLUMBUS DAY

VETERAN'S DAY

THANKSGIVING DAY

CHRISTMAS DAY

In addition to the days designated as holidays, the Government may also observe any day designated by Federal Statute, Executive Order, or Presidents Proclamation.

H-8 DENIAL OF ENTRY

1. The Government reserves the right to terminate the entry of any Contractor employee upon disclosure of information which indicates the individual’s continued entry to the installation is not in the best interest of national security. Additionally, the violation of or deviation from the established security procedures by Contractor employees may result in the confiscation of identification media and the denial of future entry to the installation.

H-9 PERSONNEL ACCOUNTABILITY DURING ENERGENCIES

1. Contractors, and all associated sub-contractors, through their Primes, shall provide the COR with an accountability report for all personnel during emergencies. An emergency includes, but is not limited to, terrorist attacks, natural disasters, and other declared emergencies. This report shall include the Contractor name, contract/task order number, geographic location, impact of emergency, welfare of Contractor personnel, and other additional emergency-specific information that may be requested for personnel actively supporting USAISEC. This information shall be reported to the COR by 1200hrs MST on a daily basis until the emergency subsides.

H-10 SERVICE CONTRACT ACT (SCA) COMPLIANCE REQUIREMENT

1. Labor categories may vary based upon Contractor employment policies and labor agreements.

2. Consult the Department of Labor (DOL) website: www.dol.gov for specific location wage determinations as appropriate.

3. The Offeror/Contractor is responsible for ensuring that the rates proposed and billed for personnel on task orders subject to the SCA meet or exceed the corresponding minimum wages established by the DOL for the corresponding geographical region for task order performance.

H-11 CONTRACTOR MANPOWER REPORTING APPLICATION (CMRA)

1. The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under task orders on this contract for the US Army Information Systems Engineering Command via the System for Award Management (SAM) secure data collection site. The contractor is required to completely fill in all required data fields within the CMRA using the following web address: www.sam.gov.

2. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2020. Contractors may direct questions to the help desk at: www.sam.gov.

H-12 ORGANIZATIONAL CONFLICT OF INTEREST (OCI)

1. Review of this requirement, relative to FAR Subpart 9.5, "Organizational and Consultant Conflicts of Interest," has determined that potentially significant organizational conflicts of interest may arise due to the nature of the work the Contractor will perform under this contract that may preclude the Contractor from being awarded future ACC-APG Acquisition Center Contracts in a related area. Whereas the Contractor has agreed to undertake this contract to provide TEIS IV services, it is agreed that the Contractor shall be ineligible to act as a Prime Contractor, consultant, or subcontractor to any Prime Contractor or subcontractor at any tier who is to supply the services, system or major components thereof for any project where the Contractor has provided or is providing support as described in FAR 9.505-1 through 9.505-4.

2. The KO may make a determination to allow a Contractor to participate in an acquisition subject to the submission of an acceptable mitigation plan in accordance with paragraphs A and B below. This determination may not be appealed.

a. If the KO requests, and the Contractor submits, an organizational conflict of interest mitigation plan that, after Government review, is acceptable to the Government, the Contractor’s parent corporation, subsidiaries, or other physically separate profit and loss centers may not be precluded from acting as a subcontractor or consultant on future ACC-APG Acquisition Center contracts.

The Government’s determination regarding the adequacy of the mitigation plan or the possibility of mitigation are unilateral decisions made solely at the discretion of the Government and are not subject to the Disputes clause of the contract. The Government may terminate the contract for default if the Contractor fails to implement and follow the procedures contained in any approved mitigation plan.

b. Any mitigation plan shall include, at a minimum, non-disclosure agreements to be executed by the Contractor and the Contractor’s employees supporting the Government per paragraph 2 above.

Items for consideration in a mitigation plan include the following: identification of the organizational conflict(s) of interest; reporting and tracking system; an organizational conflict of interest compliance/enforcement plan, to include employee training and sanctions, in the event of unauthorized disclosure of sensitive information; a plan for organizational segregation (e.g., separate reporting chains); and data security measures.

3. The restrictions outlined in paragraph 1 shall apply to this contract. This clause shall remain in effect for one year after completion of this contract.

4. The Contractor shall apply this clause to any subcontractors or consultants who have access to information, participate in the development of data, or participate in any other activity related to this contract which is subject to terms of this clause at the Prime Contractor level, unless the Contractor includes an acceptable alternate subcontractor provision in its mitigation plan. For subcontractors or consultants under this contract, if an organizational conflict of interest mitigation plan is submitted and acceptable to the Government, the subcontractor’s parent corporation, subsidiaries, or other physically separate profit and loss centers may not be precluded from acting as a Prime, subcontractor, or consultant on future ACC-APG Acquisition Center contracts.

5. The Contractor’s employees shall be trained and informed of Subpart 9.5 of the FAR and this contract provision, and shall execute a Contractor-Employee Personal Financial Interest/Protection of Sensitive Information Agreement as appropriate.

6. The Contactor agrees that it will use all reasonable diligence in protecting proprietary data received by it.

The Contractor further agrees it will not willfully disclose proprietary data to unauthorized parties without the prior permission of the Government, and that proprietary data shall not be duplicated, used or disclosed, in whole or part, for any purpose other than to accomplish the contracted effort. This restriction does not limit the Contractor’s right to use, duplicate or disclose such information if such information was lawfully obtained by the Contractor from other sources.

7. The Contractor agrees to enter into written agreements with all companies whose proprietary data it shall have access to and to protect such data from unauthorized use or disclosure as long as it remains proprietary. The Contractor shall furnish to the KO copies of these written agreements. The Contractor agrees to protect the proprietary data and rights of other organizations disclosed to the Contractor during performance of this contract with the same caution that a reasonably prudent Contractor would use to safeguard highly valuable property. The Contractor agrees to refrain from using proprietary information for any purpose other than that for which it was furnished.

8. The Contractor shall not distribute reports, data or information of any nature arising from its performance under this contract, except as provided by this contract or as may be directed by the KO.

9. Government Representatives shall have access to the Contractor’s premises and the right to inspect all pertinent books and records in order to insure that the Contractor is in compliance with FAR 9.5.

10. The Contractor agrees that if after award it discovers a potential organizational conflict of interest, a prompt and full disclosure shall be made in writing to the KO. This disclosure shall include a description of the actions the Contractor has taken or proposes to take, to avoid or mitigate such conflicts.

11. The Government may waive application of this clause when it is determined to be in the best interest of the Government to do so.

H-13 INSURANCE

1. The following types of insurance are required in accordance with the clause entitled "Insurance -Work on a Government Installation," Section I, FAR 52.228-5, and shall be maintained in the minimum amounts shown below:

a. Worker's Compensation and Employer's Liability Insurance: Minimum amount of: $100,000.

(Note: The states of California, New Jersey, New York, and Rhode Island have imposed upon employers the obligation to afford benefits for non-occupational disability as well as for disability in the course of and arising out of employment. Employers may, under State law, be given the option of insuring with companies, or underwriters, or of self-insuring this obligation.)

b. Comprehensive Automobile Insurance: $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

c. Comprehensive General Liability $500,000 per occurrence.

d. Prior to commencement of work hereunder, the Contractor shall furnish to the KO a certificate or written statement of the above required insurance. The policies evidencing the required insurance shall contain an endorsement to the effect that any cancellation or any material change in the policy adversely affecting the interests of the Government in such insurance shall not be effective for such periods as may be prescribed by the laws of the state in which this contract is to be performed and in no event less than thirty (30) calendar days after written notice thereof to the

KO.

e. The Contractor agrees to insert the substance of this clause in all subcontracts hereunder.

H-14 LIABILITY FOR LOSS OR DAMAGE

1. The Contractor shall indemnify and save harmless the Government, its officers, agents and employees against all actions, proceedings, claims, demands, costs, damages and expenses, including attorney's fees, by reason of any suit or action brought for any actual or alleged injury to or death of any person or damage to property, other than the property furnished by the Government for use of the Contractor, if any, resulting from the performance of the services contracted for herein. The Contractor shall submit, to the KO, within twenty-four (24) hours following the occurrence of such damage or loss a fully detailed written report of the incident.

H-15 DISCLOSURE OF INFORMATION

1. Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this contract would be adverse to the interests of the Government or others. Neither the Contractor, nor Contractor personnel, shall divulge nor release data or information developed or obtained under performance of the contract except to authorized Government personnel or upon written approval of the KO. The Contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as specified in the contract.

2. To the extent the Contractor receives or is given access to proprietary data, data protected by the Privacy Act of 1974, or other classified or…