1. THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES SOLICITATION, OFFER AND AWARD UNDER DPAS (15 CFR 700) 1 118 2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NO. [ ] N0042117R0055 SEALED BID (IFB) [ X ] NEGOTIATED (RFP) 7. ISSUED BY CODE N00421 8. ADDRESS OFFER TO (If other than Item 7) CODE NAVAL AIR WARFARE CENTER AD CODE 2.5.1.12 21983 BUNDY ROAD BLDG 441 TEL: SEE SECTION A See Item 7 TEL: PATUXENT RIVER MD 20670 FAX: FAX:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder". SOLICITATION 9. Sealed offers in original and 2 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 Section L until local time (Hour) (Date) 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 A. NAME B. TELEPHONE (Include area code) (NO COLLECT CALLS) C. E-MAIL ADDRESS CALL: SHERYL M. POPE 301-757-9714 [email protected] 11. TABLE OF CONTENTS (X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S) PART I - THE SCHEDULE PART II - CONTRACT CLAUSES X A SOLICITATION/ CONTRACT FORM 1 - 2 X I CONTRACT CLAUSES 74 - 87 X B SUPPLIES OR SERVICES AND PRICES/ COSTS 3 - 12 PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS X C DESCRIPTION/ SPECS./ WORK STATEMENT 13 - 46 X J LIST OF ATTACHMENTS 88 X D PACKAGING AND MARKING 47 - 48 PART IV - REPRESENTATIO NS AND INSTRUCTIO NS X E INSPECTION AND ACCEPTANCE 49 - 50 REPRESENTATIONS, CERTIFICATIONS AND X K X F DELIVERIES OR PERFORMANCE 51 - 53 OTHER STATEMENTS OF OFFERORS 89 - 96 X G CONTRACT ADMINISTRATION DATA 54 - 60 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 97 - 112 X H SPECIAL CONTRACT REQUIREMENTS 61 - 73 X M EVALUATION FACTORS FOR AWARD 113 - 118 OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period. 12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different 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 AMENDMENT NO. DATE AMENDMENT NO. DATE (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated): 15A. NAME CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO AND SIGN OFFER (Type or print) ADDRESS OF OFFEROR
15B. TELEPHONE NO (Include area code) 15C. CHECK IF REMITTANCE ADDRESS 17. SIGNATURE 18. OFFER DATE IS DIFFERENT FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE. 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: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified) 24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
TEL: EMAIL: (Signature of Contracting Officer) 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)
N00421-17-R-0055
Section A - Solicitation/Contract Form
SECTION A: GENERAL INFORMATION NAWCAD Points of Contact:
Contract Specialist: Sheryl Pope Phone: (301) 757-9714 Email: [email protected]
Procuring Contracting Officer: May Dimitrov Phone: (301) 757-6531 Email: [email protected]
CONTRACTING OFFICER’S REPRESENTATIVE: TO BE DETERMINED AT CONTRACT AWARD
(1) The resulting contract will include Cost-Plus-Fixed-Fee (CPFF) contract line item numbers (CLINs) for labor and cost reimbursable (no fee) CLINs for Other Direct Costs (travel and material).
(2) The resulting single award Indefinite Delivery Indefinite Quantity (IDIQ) contract will have an ordering period of five (5) years. If clause 52.217-8 Option to Extend Services is utilized, an extension of performance not to exceed six (6) months may be added at the IDIQ level.
3) This contract has some programs that may need a Top Secret clearance with the ability to obtain SCI access.
(3) The contractor will not be authorized to access any classified information until a final DD Form 254 is incorporated as an Attachment to this contract.
(4) The Offeror’s proposed price will be incorporated in Section B of the contract upon award.
(5) Term task orders issued from this contract will reflect CLINs by funding type. NAVAIR clause 5252.211-9503 Level of Effort will be included in task orders.
(6) This contract is a Standard Labor Category (SLC) Bureau of Labor Statistics (BLS) Standard Occupational Classifications (SOCs) requirement. There are no Service Contract Act (SCA) labor standards. This contract is solicited as a Full and Open, unrestricted, with no small business set-aside.
(7) The North American Industries Classifications System (NAICS) is 488190. The Product Support Code (PSC) is AC15 and shall be used when reporting to the Enterprise-Wide Contractor Manpower Reporting Application (ECMRA) portal.
2
N00421-17-R-0055
Section B - Supplies or Services and Prices
CLINS 1. While CLINs 0002-0006 and 0008-0012 are not separately priced (NSP) at the IDIQ level, they will be priced when utilized at the task order level. 2. All labor ceiling, inclusive of cost and fee, for CPFF CLINs 0002-0006 (NSP CLINs) is included in the overall ceiling for CLIN 0001. 3. All travel and material cost ceiling for COST CLINs 0008-0012 (NSP CLINs) are included in the overall ceiling for CLIN 0007.
B-1 ESTIMATED RATES TASK ORDER PLACEMENT PROCEDURES
Offerors are advised that all Task Orders placed under this contract may be issued in accordance with the procedures delineated in NAVAIR Clause 5252.216-9534 ALT I (Proposed)(NAVAIR)(AUG 2018) – TASK ORDERS PROCEDURES.
ESTIMATED AND NEGOTIATED LABOR RATES This language is designed for use in conjunction with H-2 Issuance of Orders Using Streamlined Procedures. The below rates consist of composite fully burdened rates for each labor category, exclusive of fee. The below rates are defined as direct labor rates plus all applicable burdens, to include indirect rates, and subcontracting pass-through costs where applicable; fee will be calculated by the Government using the methodology outlined in clause B-2. The rates below will be utilized when developing estimated labor ceilings for task orders by using the estimated hours per labor category multiplied by the composite rate, inclusive of the fee calculated by the Government in accordance with clause B-2. Invoicing will be based on actual costs incurred. Ceiling for Other Direct Costs will be priced in accordance with the Government Estimate. Orders crossing multiple years will be estimated by the Government using the composite rates for each year in proportion to the period of performance of the order. NON-PERFORMANCE BASED (TERM) GOVERNMENT SITE Composite Rates, Excluding Fee (Regardless of Clearance)
Labor Category Gov’t Site SOC Code Year 1 Year 2 Year 3 Year 4 Year 5 10/01/2019 - 10/01/2020 - 10/01/2021 - 10/01/2022 - 10/01/2024 - 09/30/2020 09/30/2021 09/30/2022 09/30/2023 09/30/2025
Aerial Pax River 27-4021 Photographer: Anti-Sub Warfare Pax River 53-2011 Operator: C/KC-130 Flight Pax River/ Pt 53-2011 Engineer: Magu C/KC-130 Pax River 53-2011 Loadmaster: C/KC-130 Pilot Pax River/ Pt 53-2011 (CAT A/B): Magu C/KC-130 Pilot Pax River 53-2011 (CAT C/D): C-2/E-2 Flight Pax River 53-2011 Technician: C-38 Pilot Pax River 53-2011
3
N00421-17-R-0055
CH-53K Test Pilot Pax River 53-2011 (CAT A/B/C/D): Commercial Pax River/ 53-2011 Derivative Aircraft PtMagu/ China Pilot: Lake Co-pilot/P3 (P-3, Pax River 53-2011 C-130, P-8): E-2/C-2 Pilot Pax River 53-2011 (CAT A/B): E-2/C-2 Test Pilot Pax River 53-2011 (CAT C/D): E-2/C2 Weapon Pax River 53-2011 System Operator/Flight Test Engineer (NFO CAT C/D): E-2/C-2 Weapon Pax River 53-2011 System Operator/Flight Test Engineer (NFO) (CAT A/B): E-6B Airborne Pax River 53-2011 Communicator (ACOM) (CAT A/B): E-6B Combat Pax River 53-2011 System Officer (CSO) (CAT A/B): E-6B Flight Pax River 53-2011 Engineer: E-6B Flight Pax River 53-2011 Technician: E-6B Pilot (CAT Pax River 53-2011 A/B): E-6B Reel Pax River 53-2011 Operator: E-6B Test Pilot Pax River 53-2011 (CAT C): EP-3E Flight Test Pax River 53-2011 Technician: F-18 Pilot (CAT Pax River 53-2011 A/B/C): F-18 WSO (CAT Pax River 53-2011 A/B/C): Fixed Wing Pax River 53-2011 Instructor Pilot: H-60 SAR Pilot: Pax River/ 53-2011 China Lake H-60 Test Pilot Pax River 53-2011 (CAT A/B/C/D)
4
N00421-17-R-0055
Helicopter Pax River 53-2011 Maintenance/FCF Test Pilot: Helicopter Mission Pax River 53-2011 Systems Operator (CAT A/B/C): Helicopter Test Pax River 53-2011 Pilot (CAT A/B/C): Helicopter/Tilt Pax River 53-2011 Rotor Aircrew man: KC-130 Navigator: Pax River/ Pt 53-2011 Magu KC-130J Pax River 53-2011 Crewmaster: Non-Flying Fixed Pax River *15070 and Rotary Wing Flight Instructors Observer: Pax River 53-2011 P-3 Flight Pax River 17-2011 Technician: P-3 Weapon Pax River/ Pt 53-2011 System Magu Operator/Flight Test Engineer (NFO): P-3/EP-3 Pilot Pax River/ Pt 53-2011 (CAT A/B): Magu P-3/EP-3 Pilot Pax River 53-2011 (CAT C/D): P-3C/EP-3 Flight Pax River 53-2011 Engineer: P-8 Mission Pax River 53-2011 Systems Operator (CAT A/B/C): P-8 Test Pilot Pax River 53-2011 (CAT A): P-8 Test Pilot Pax River 53-2011 (CAT B/C/D): P-8 Weapon Pax River 53-2011 System Operator/Flight Test Engineer (NFO, CAT A): P-8 Weapon Pax River 53-2011 System Operator/Flight Test Engineer (NFO, CAT B/C/D):
5
N00421-17-R-0055
Program/Project Pax River 53-2011 Analyst/Specialist
Rotary Wing Pax River 13-1111 Instructor Pilot: Selected Pax River 17-2011 Passenger: Systems Instructor: Pax River 53-2011
T-6A/B Test Pilot Pax River 53-2011 (CAT A/B/C/D): Tilt Rotor Pilot: Pax River 53-2011 UAS Ground Pax River/ Pt 53-2011 Station Operator: Magu UAS GROUP 3 Pax River 53-2011 SMALL INTERNAL/EXTE RNAL (AVO) (CAT A/B): UAS Group 4 Air Pax River/ Pt 53-2011 Vehicle Operator Magu (AVO) (CAT A/B): UAS GROUP 4 Pax River 53-2011 TEST AIR VEHICLE OPERATOR (AVO) (CAT C/D): UAS Group 5 Air Pax River 53-2011 Vehicle Operator (AVO) (CAT A/B): UAS Group 5 Pax River 53-2011 Ground Maintenance Vehicle Operator (GMVO): UAS Group 5 Test Pax River 53-2011 Air Vehicle Operator (AVO) (CAT A/B/C/D): UAS Group 5 Test Pax River 53-2011 Tactical Coordinator (TACCO) (CAT A/B): UAS Group 5 Test Pax River 53-2011 Tactical Coordinator (TACCO) (CAT A/B/C/D):
6
N00421-17-R-0055
UAS Mission Pax River/ Pt 53-2011 Payload Operator Magu (MPO): VH-3 Test Pilot Pax River 53-2011 (CAT A/B/C/D): VH-60 Test Pilot Pax River 53-2011 (CAT A/B/C/D): VH-92 Test Pilot Pax River 53-2011 (CAT A/B/C/D):
B-2 FEE The composite rates from B-1 will be used to develop the total estimated Cost Plus Fixed Fee. Fixed Fee will be calculated based on fee per hour and in accordance with 5252.232-9510 Payment of Fixed Fee (NAVAIR)(OCT 2005).
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Lot Labor Ceiling for CLINs 0002 - 0006 CPFF All the labor Ceiling inclusive of cost and fee for CLIN 0002 through 0006. FOB: Destination
ESTIMATED COST
FIXED FEE
TOTAL EST COST + FEE
7
N00421-17-R-0055
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 Labor - APN CPFF Not Separately Priced (NSP) from CLIN 0001 – APN. Services performed in
accordance with Section C, Non-Performance Based Statement of Work (NPBSOW); excluding ODC’s.
ESTIMATED COST
FIXED FEE
TOTAL EST COST + FEE
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0003 Labor - OM&N CPFF NSP from CLIN 0001 – OM&N. Services performed in accordance with
Section C, Non-Performance Based Statement of Work (NPBSOW); excluding ODC’s
ESTIMATED COST
FIXED FEE
TOTAL EST COST + FEE
8
N00421-17-R-0055
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0004 Labor - RDT&E CPFF NSP from CLIN 0001 – RDT&E. Services performed in accordance with
Section C, Non-Performance Based Statement of Work (NPBSOW); excluding ODC’s.
ESTIMATED COST
FIXED FEE
TOTAL EST COST + FEE
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0005 Labor - NWCF CPFF NSP from CLIN 0001 – NWCF. Services performed in accordance with
Section C, Non-Performance Based Statement of Work (NPBSOW); excluding ODC’s.
ESTIMATED COST
FIXED FEE
TOTAL EST COST + FEE
9
N00421-17-R-0055
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0006 Labor - FMS CPFF NSP from CLIN 0001 – FMS. Services performed in accordance with
Section C, Non-Performance Based Statement of Work (NPBSOW); excluding ODC’s.
ESTIMATED COST
FIXED FEE
TOTAL EST COST + FEE
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0007 1 Lot Other Direct Costs–Travel & Material COST All the Travel and Material Ceiling for CLINs 0008 through 0012. FOB: Destination
ESTIMATED COST
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0008 ODC's- APN COST NSP from CLIN 0007 – APN, Travel & Material in support of CLIN 0002
ESTIMATED COST
10
N00421-17-R-0055
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0009 ODCs - OM&N COST NSP from CLIN 0007 – OM&N, Travel & Material in support of CLIN 0003.
ESTIMATED COST
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0010 ODC's - RDT&E COST NSP from CLIN 0007 – RDT&E, Travel & Material in support of CLIN 0004.
ESTIMATED COST
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0011 ODC's - NWCF COST NSP from CLIN 0007 – NWCF, Travel & Material in support of CLIN 0005.
ESTIMATED COST
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0012 ODC's - FMS COST NSP from CLIN 0007 – FMS, Travel & Material in support of CLIN 0006.
ESTIMATED COST
11
N00421-17-R-0055
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0013 Technical Data
Not Separately Priced (NSP), Data in accordance with Exhibit A, DD Form 1423, Contract Data Requirements Lists (CDRLs), CDRLs A001-A005.
NET AMT
CLAUSES INCORPORATED BY FULL TEXT
5252.211-9503 LEVEL OF EFFORT (COST REIMBURSEMENT) (NAVAIR)(DEC 2012) (a) The level of effort estimated to be ordered during the term of this contract is 852,385 man-hours, inclusive of options, of direct labor including authorized subcontract labor, if any. The contractor shall not, under any circumstances, exceed one hundred (100%) percent of the total level of effort specified in this basic contract. (b) The estimated level of effort for each individual order will be established at the task order level. (c) FAR Clause 52.232-20, "Limitation of Cost" applies to fully funded orders and FAR Clause 52.232-22, "Limitation of Funds" applies to incrementally funded orders. Nothing in this clause amends the rights or responsibilities of the parties hereto under either of those two clauses. In addition, the notifications required by this clause are separate and distinct from any specified in either FAR Clause 52.232-20 or FAR Clause 52.232-22. (d) In the event that less than one hundred (100%) percent of the established level of effort of the contract/order is actually expended by the end of the performance period, the Government shall have the option of: (1) Requiring the Contractor to continue performance, subject to the provisions of the FAR Clause 52.232-20 or 52.232-22, as applicable, until the effort expended equals 100% of the established Level of Effort specified in the order, at no increase in the fee of the order; or (2) Effecting a reduction in the fixed fee by the percentage by which the total expended man-hours is less than one hundred (100%) percent of the established Level of Effort. (e) The contractor agrees that effort performed in fulfillment of level of effort obligations under this contract shall include only verifiable effort in direct support of the work specified. It shall not include efforts such as work performed in transit to or from an employee's usual workplace, work during lunchtime activities, or effort performed at other non-work locations. (f) In performing the contract/order, the contractor may use any reasonable combination of hours for the labor categories in support of section C of this contract/order. The estimated composition of the total man-hours of direct labor by classification is as follows:
12
N00421-17-R-0055
Section C - Descriptions and Specifications
SECTION C DESCRIPTION Items 0001, 0002, 0003, 0004, 0005, 0006 – The Contractor shall provide SERVICES in accordance with the Non- Performance Based Statement of Work (NPBSOW). Contract services shall be performed in accordance with the NPBSOW as detailed in individual task orders. The task order NPBSOW will detail tasks that fall within the scope of the basic contract.
Items 0007, 0008, 0009, 0010, 0011and 0012 – The Contractor shall provide TRAVEL in accordance with NAVAIR Clause 5252.232-9509 and the NPBSOW. The Contractor shall provide MATERIAL in accordance with H Clause 5252.242-9515 “Restriction on The Direct Charging of Material and the NPBSOW.
Item 0013 – The DATA reports to be furnished hereunder shall be in accordance with Exhibit A, DD Form 1423, Contract Data Requirements Lists (CDRLs), CDRLs A001-A005, and the NPBSOW as required by the individual Task Order.
NON PERFORMANCED BASED NAVAL TEST WING ATLANTIC/NAVAL TEST WING PACIFIC AIRCREW SERVICES
1.0 INTRODUCTION
This Statement of Work (SOW) is intended to describe support required for any air vehicle system, sub- system, component or aviation operation process selected for Test and Evaluation or (T&E) support (refueling, transportation related to T&E, chase, target, etc.) per NAVAIRINST 3710.8. The contractor shall be cognizant of the system applicability and selection process.
Naval Test Wing Atlantic (NTWL) and Naval Test Wing Pacific (NTWP), echelon four commands of the Naval Air Systems Command (NAVAIR), are a responsible cognizant authority for active T&E and participation in all phases of the weapon system life cycle process for fixed, rotary wing, unmanned aerial and lighter-than-air vehicles. NTWL and NTWP execute flight management of these activities and air vehicles through authority delegated to subordinate Air Test and Evaluation Squadrons (VX/HX) and United States Navy Test Pilot School (USNTPS). These units are designated VX-20, HX-21, and VX-23, VX-30 and VX-31 or others when assigned for command and control by NTWL or NTWP. The test articles are provided to NTWL/NTWP and its test squadrons through several methods. The primary source of assignment is by a major program office for the development, procurement and sustainment of Navy, Marine or Joint Force systems. However, other sources of assignment may include other service components of the Department of Defense (DOD), foreign national defense and commercial systems, other US government agencies engaged in flight operations, as well as commercial aviation flight activities. Occasional support, such as aerial photographer duties will be provided to local commands whose air vehicles are not under the cognizance of NTWL/NTWP. The scope and complexity of these test articles are not limited to full-scale air vehicle systems. NTWL/NTWP provide full system spectrum test capability from complete aircraft down to sub-system components, expendable weapon, sensor, and deception articles and flight worthy software designed to operate and configure the system and its components.
1.1 NWTL/NTWP is the resource manager charged with reducing the risks associated with the hazards of flight as well as ground operations around flight equipment. The level of risk that will be experienced when conducting test flying is expressed in categories ranging from A, B, C and on occasion D (low to high, risk categories are described in documents 2.3.3 and 2.3.6 of the Applicable Documents). To mitigate these risks NTWL/NTWP requires the most qualified, experienced and current personnel within its workforce. The workforce required to address and mitigate risk involves the application of skills that facilitate the tasks involved with every
13
N00421-17-R-0055
facet of the test event. These include planning (near and long term, daily, and un-programmed), scheduling (test assets, support facilities and equipment) and test crews (ground and flight)), test article preparation, briefing, pre- flight, flight, post flight, and debrief (including post flight test result analysis and reporting). In addition, gathering metrics related to flight scheduling, aircrew currency and qualification, and resource utilization are considered essential components of the entire flight test risk management system. The requirements of this statement of work include all of these phases and supporting tasks except test article preparation. The complexity of today’s flight test scenarios in the Research, Development, Test and Evaluation (RDT&E) community and the constant changes that are associated with RDT&E flying require constant monitoring, scheduling, frequency management and flight operations coordination.
1.2 The scope of contractor support shall be to provide aircrew services and, engineering technical services, independent analysis and technical support in support of the NTWL/ NTWP air vehicles test mission. Services shall include the application of knowledge and expertise in the fields of T&E, air vehicle operation, ground operations including logging or recording aviation data, weapon systems, subsystems and components, and other concurrent tasks such as area frequency management, and finally, aviation safety. Support shall be provided to the NAVAIR’s Test Wings, Test Squadrons and their platform coordination offices as well as local commands not under the cognizance of NTWL/ NTWP. Support may include other service components of the Department of Defense, foreign national defense and commercial systems, other US government agencies engaged in flight operations, as well as commercial aviation flight activities. The contractor must provide a Government approved flight operations program in compliance with the NAVAIRINST 3710.1 series.
2.0 Applicable Documents and Definitions 2.1 Acronyms, Abbreviations, and Definitions A/C Aircraft ACC Aircraft Controlling Custodian ACO Administrative Contracting Officer AD Airworthiness Directive ADB Aircraft Discrepancy Book ADPE Automatic Data Processing Equipment ADR Aircraft Discrepancy Report ADS Airworthiness Directives AIM-9 Air Intercept Missile-9 ALSS Aviation Life Support System AMARC Aerospace Maintenance and Regeneration Center APML Assistant Program Manager, Logistics APTU Aviation Physiology Training Unit ATA Airline Transportation Association BUNO Bureau Number CAD Cartridge Actuated Device CASREP Casualty Report CATM Captive Air Training Missile CDR Critical Design Review
14
N00421-17-R-0055
CDRL Contract Data Requirements List
CFA Cognizant Field Activity CFE Contractor Furnished Equipment C.F.R. Code of Federal Regulations CLS Contract Logistics Support CNATT Chief for Naval Aviation Technical Training CNAF Commander Naval Air Forces CNET Chief of Naval Education and Training CO Contracting Officer COR Contracting Officer's Representative COS Carry Over Sortie CQ Carrier Qualification CUI Controlled Unclassified Information CWS Compressed Work Schedule DCMA Defense Contract Management Agency DET Detachment DFS Daily Flight Schedule DLSC Defense Logistics Service Center DMO Deputy Maintenance Officer DOD Department of Defense DODSSP Department of Defense Single Stock Point DOL Department of Labor DON Department of the Navy DOT Department of Transportation DT Developmental Test ECP Engineering Change Proposal EI Engineering Investigation EMC Electromagnetic Compliance EMC Electromagnetic Safety of Flight SOFT EMI Electromagnetic Interference EMP Electromagnetic Pulse EPCRA Emergency Planning Community Right-to-Know ESD Electro Static Discharge FAA Federal Aviation Administration FAR Federal Acquisition Regulation
15
N00421-17-R-0055
FCF Functional Check Flight
FIST Flight Information Scheduling & Tracking FLIR Forward Looking Infrared Radar FOD Foreign Object Damage FRR Flight Readiness Review GFE Government Furnished Equipment GFM Government Furnished Material GFP Government Furnished Property GFR Government Flight Representative GFI Government Final Inspection GGR Government Ground Representative GGFR Ground Government Flight Representative GIO Government Inspection Office GPI Government Preliminary Inspection GQAR Government Quality Assurance Representative HAZCOM Hazardous Communication HERO Hazard of Electromagnetic Radiation to Ordnance HUREVAC Hurricane Evacuation HAZMAT Hazardous Material IAW In Accordance With IOC Initial Operational Capability IOS Interim Operating Supplements LDT Laser Detector Trackers LPU Life Preserver Unit MO Maintenance Officer MRTFB Major Range Test Facility Base (Specific funding associated with and performance limited to Test Range and MRTFB classified aircraft performance). MSDS Material Safety Data Sheets MSR Monthly Sortie Requirement NADEP Naval Air Depot NAS Naval Air Station NASTP Naval Aviation Survival Training Program NATOPS Naval Air Training and Operating Procedures Standardization NAVAIR Naval Air Systems Command NAWCAD Naval Air Warfare Center Aircraft Division NFO Naval Flight Officer
16
N00421-17-R-0055
NMCI Navy-Marine Corps Internet
NTWL Naval Test Wing Atlantic NTWP Naval Test Wing Pacific NVD Night Vision Device O&A Over and Above OAS Over and Above Sortie ODC Other Direct Charge OEM Original Equipment Manufacturer OFT Operational Flight Trainer OIC Officer in Charge O&M, N Operational Maintenance, Navy ORM Operational Risk Management OSS On-Site Support OSGR On-Site Government Representative OT Operational Test OTRR Operational Test Readiness Review OSHA Occupational Safety and Health Administration PADS Propulsion Actuated Devices PCO Procuring Contracting Officer PLO Project Liaison Office PMA Program Manager, Air PMCF Post Maintenance Check Flight PO Project Officer POA&M Plan of Action and Milestones POC Point of Contact PDR Preliminary Design Review PE Preliminary Evaluation QA Quality Assurance Representative QDR Quality Deficiency Report QE (Pilot) Qualitative Evaluation RDT&E Research, Development, Test and Evaluation SOW Statement of Work SSK Seat Survival Kit SRR System Requirements Review TACTS Tactical Air Combat Training System TEC Type Equipment Code
17
N00421-17-R-0055
TFOA Things Falling Off Aircraft
T/M/S Type/Model/Series TO Technical Order TOC Total Ownership Cost TPOC Technical Point of Contact TRR Test Readiness Review TYCOM Type Commander UAS Unmanned Aircraft System UIC Unique Identification Code USA United States Army USAF United States Air Force USN United States Navy USNTPS U.S. Naval Test Pilot School VFR Visual Flight Rules VOCs Volatile Organic Compounds WST Weapon System Trainer
2.2 APPLICABLE DOCUMENTS
ASSIST is the official source of DoD specifications and standards and contains the most current information. Users should refer to the ASSIST database at: http://quicksearch.dla.mil/qsSearch.aspx The ASSIST Update (a bi- monthly summary of changes to the ASSIST document database) may be viewed or downloaded at: https://quicksearch.dla.mil/qsUpdates.aspx.
Unless otherwise specified, the revision level and date for each specification or standard cited for each Program/Project Task (including any specifications or standard cited in any drawing, handbook or referenced specification or standard contained within this contract) shall be that listed in the Department of Defense Single Stock Point for Military Specifications and Standards (DODSSP). Archived copies of the DODISS Notice can be found at: http://quicksearch.dla.mil/qsSearch.aspx.
18
N0042117R0055
Page 19 of 118
2.3 APPLICABLE INSTRUCTIONS AND NOTICES (available upon request)
2.3.1 OPNAVINST 3710.7 series; NATOPS General Flight & Operating Instructions.
2.3.2 NAVAIRINST 3710.1 series; Contractors Flight & Ground Operations.
2.3.3 NAVAL AIR SYSTEMS COMMAND INTEGRATED SYSTEMS EVALUATION, EXPERIMENTATION AND TEST; Test Planning Handbook.
2.3.4 NAVAIRINST 3710.8 series; Authority for Personnel to Pilot or Fly in Aircraft Under the Controlling Custody of Naval Air Systems Command to Include the Authority for Naval Air Systems Command Personnel to Participate in (Pilot or Fly in) Commercial Aircraft Conducting Aircraft Operations in Support of T&E.
2.3.5 NAVAIRINST 3960.4 series; Project Test Plan Policy and Process for Testing Air Vehicles, Air Vehicle Weapons, & Air Vehicle Installed Systems.
2.3.6 NAVAIRINST 3960.5 series; Policies, Procedures, and Responsibilities for the Naval Air System Command Technical Assurance Board Monitoring of Aircraft Weapon System Development.
2.3.7 NAVTESTWINGLANTINST 3710.7 series; Naval Test Wing Atlantic General Flight & Operating Instructions.
2.3.8 NAVTESTWINGPACINST 3710.7 series; Naval Test Wing Pacific General Flight & Operating Instructions.
2.3.9 NASPAXRIVINST 3710.5 series; Air Operations Manual, Naval Air Station Patuxent River
2.3.10 Local Directives, Instructions, SOPs, etc., as required by using activity and for execution of tasks.
3.0 REQUIREMENTS
3.1 GENERAL REQUIREMENTS
3.1.1 COMPATIBILITY - The Contractor shall maintain the capability to prepare documents and software packages compatible with the Government IT environment through the security classification of Top Secret. The current operating environment required for this contract includes: Microsoft Windows 10 Microsoft Project 2016 Microsoft Office Professional Plus 2016 Adobe Acrobat XI (reader) Internet Access The Contractor shall maintain the ability to interface with and transfer data to and from requiring office software applications and their upgraded versions. The Contractor shall ensure that all media are virus free when delivered.
N0042117R0055
Page 20 of 118
The Contractor shall be capable of Internet and LAN communications with the Government. Contractor personnel shall be capable of maintaining real-time communications, both voice and data transfer capabilities, with the Government during working hours whether at Contractor work site or on travel.
3.1.2 WORK LOCATIONS AND FACILITIES - Approximately ninety percent (90%) of the effort will be performed at Government Facilities and ten percent (10%) will be performed at contractor facilities. Of that ninety percent (90%), it is anticipated that eighty five percent (85%) of the effort will be performed at or near Patuxent River and St. Inigoes, Maryland, seven percent (7%) will be performed at Pt. Mugu, California, three percent (3%) will be performed at China Lake, California, while ten percent (10%) of this effort will be performed as off-site aircrew detachments which may include, but are not limited to, United States Naval and Coast Guard Vessels, and OCONUS/ CONUS Government and Commercial site facilities. Contractors performing support on Government Facilities will be provided access to workspaces, telephones, printers, facsimile machines, copy machines, shredders, computers, and network access including web servers and applicable databases or other applications necessary to carry out assigned tasks.
3.1.3 CONTRACT STATUS REPORTING - The contractor shall provide the following documentation and shall notify the COR of any condition that may delay or prevent Contractor’s performance.
3.1.3.1 Funds Expenditure Report – Monthly financial status report shall be submitted in the format provided as Attachment 6. The Funds Expenditure and Progress report shall include work accomplished since submittal of the last report, both monthly and cumulative man-hour labor costs expended by labor category, material, travel costs and detailed invoice data in accordance with the Contract Data Requirement List (CDRL) A001.
3.1.3.2 Progress Reports – Monthly progress reports shall list the effort for each planned, current and completed program/ project requirement and shall be submitted on a monthly basis, delivered no later than the 15th of each month. The first report shall be delivered no later than the 15th of the month following the first full month of the contract. The monthly progress reports shall be submitted electronically IAW CDRL A002. 3.1.3.3 Contractor’s Flight and Ground Operations – The Contractor Flight and Ground Operation Procedures shall be submitted to the NTWL/ NTWP Wing Government Flight Representative (GFR) for final approval within 30 days of contract award IAW CDRL A003. Contractor’s Flight and Ground Operations must be approved by the GFR prior to first flight with an accepted draft being required five days prior to the first day of performance. GFR reports shall be submitted as required by NAVAIRINST 3710.1 series.
3.1.3.4 Mishap Reporting - In the event of a mishap in the performance of this contract the contractor may receive access to privileged information as addressed in OPNAVINST 3750.6 series. The Contractor shall use and examine this information exclusively in performance of this contract. Control and disclosure of this information is delineated in the OPNAVINST 3750.6 series. The Contractor shall indoctrinate all personnel who will have access to such information. These Contractor personnel shall also be informed that they shall not engage in any other action, venture or employment where the information will be disclosed to or used to benefit any party other than the Government furnishing this information. Contractor shall also restrict access to such privileged information to the minimum number of employees necessary for performance of this contract.
3.1.3.5 NMCI Information Report - The contractor shall provide an updated monthly report covering Each Contractor with NMCI access or assets. The report (CDRL A004) shall include: User Information: Last name/ First name/ Middle name/10 digit EDIPI # from ID card/ Cyber Awareness Training Date/ SAAR-N on file/ SAAR-N year/ Complete NMCI email Address/ Complete Company/Alternate Email Address. Contract Information: COR Name/TPOC/Contract #/ Delivery or Task Order #/ PMA Program Supporting/ Location Information: FULL Building street address/City, State/Zip code/Building number/Floor/Room /Cube if applicable/Telephone number.
N0042117R0055
Page 21 of 118
Funding Information: BFM Name Providing Funding Type/BFM Email Address/BFM Phone Number Existing/Current Information: NMCI Computer Name/NMCI Asset Tag#/ NMCI Service Tag#/ Wall jack number/ Network Jack/ Who is assigned to this computer? / Is this computer shared with others? / List individuals you are sharing with.
3.1.4 WORK SCHEDULE, OVERTIME, HOLIDAYS, AND INSTALLATION CLOSURE - Work Schedule to include Compressed Work Schedule (CWS), overtime, holidays, and installation closure.
3.1.4.1 Work schedule: The Contractor shall provide the required services and staffing coverage during normal working hours. Normal working hours are usually 8.5 hours (including a 30-minute lunch break), from 0700 to 1530 each Monday through Friday (except on the legal holidays specified in paragraph 3.1.4.1.2). As required to support RDT&E, some supported Government offices have the flexibility to schedule test events outside of normal office hours and on weekends and holidays.
3.1.4.1.1 Compressed Work Schedule (CWS): CWS is an alternative work schedule to the traditional five 8.5 hour workdays (which includes a 30-minute lunch) worked per week. Under a CWS schedule, an employee completes the following schedule within a two-week period of time: eight weekdays are worked at 9.5 hours each (which includes a 30-minute lunch), one weekday is alternately worked as 8.5 hours (which includes a 30-minute lunch) and one weekday is not worked by the employee. The result is 80 hours worked every two weeks, with 44 work hours one week and 36 work hours the other.
The Contractor may allow its employees to work a CWS schedule provided the requirements of this PWS/SOW are met. If the contractor chooses to allow its employees to work a CWS schedule in support of this contract, any additional costs associated with the implementation of the CWS schedule vice the standard schedule are unallowable costs under this contract and will not be reimbursed by the Government. Additionally, the CWS schedule shall not prevent Contractor employees from providing necessary staffing and services coverage as required by the Government to the COR.
3.1.4.1.2 Holidays: The Government observes the following holidays: New Year’s Day, January 1 Martin Luther King’s Birthday, the third Monday in January President’s Birthday, the third Monday in February Memorial Day, the last Monday in May Independence Day, July 4 Labor Day, the first Monday in September Columbus Day, the second Monday in October Veteran’s Day, November 11 Thanksgiving Day, the fourth Thursday in November Christmas Day, December 25
With the exception of the events in section 3.1.4.1.3 below, the contractor is permitted to observe the above Holidays in accordance with its corporate policy.
N0042117R0055
Page 22 of 118
3.1.4.1.3 Installation closure: When Federal facilities are closed by the Government, or when Federal employees are officially excused from work due to a holiday or a special event, severe weather, a security threat, or any other Government facility related problem that prevents Federal personnel from working at the Government facility, contractor personnel assigned to work at that facility in support of such Federal employees shall follow their parent company’s policies
While generally contractor personnel may not perform work on-site at a Government facility without oversight from Federal personnel, in very limited circumstances, work being performed by contractor personnel may be deemed mission essential and performance of such mission essential work may be authorized to continue at the Government facility despite the facility being otherwise closed for normal operations. The circumstances permitting work being performed by contractor personnel to be deemed mission essential are extremely limited and generally only apply to performance of efforts related to public health, safety, or matters related to national security. The cognizant Contracting Officer must concur with any determination that work being performed by contractor personnel is mission essential.
3.1.4.1.4 Overtime: Overtime cannot be charged directly to the contract unless first approved in writing by the Chief of the Contracting Office. As awarded, the contractor shall not work any overtime (OT) without approval by the COR. OT request shall be routed through the Technical Point of Contact (Requirement Office) to the COR.
3.1.5 CONTRACTOR PROCESS FOR APPROVAL OF TRAVEL, MATERIAL, and OTHER DIRECT CHARGES (ODC) - The Contractor shall have an electronic or web process for submission of travel requests, material purchases or ODCs to submit to COR for approval prior to travel and/or purchase.
3.1.5.1 Travel Orders - The Contractor shall prepare and submit to the COR for approval travel requests for all personnel authorized to perform off-site support. The COR shall approve all travel performed in support of this contract prior to the commencement of the travel. Travel requests shall be submitted electronically. All travel and Government billeting shall be in accordance with the Federal Travel regulations (FTR) and the Defense Joint Travel Regulation (if Applicable) (http://www.defensetravel.dod.mil/site/travelreg.cfm). COR approval for local travel expenses is required. The Contractor shall be responsible for making all car/truck rental, airfare, and lodging and subsistence arrangements. All Travel costs will be on a reimbursable basis and funded separately. The Government shall reimburse the Contractor for travel and per diem. Contractor shall return all receipts for expenses incurred, or the contractor shall not be reimbursed. Travel may include general and administrative expenses, but shall not include profit. Travel authorization request shall be prepared in accordance with the sample in Section J, Attachment 8 and submitted no less than 5 business days prior to travel for COR approval.
3.1.5.2 Material - Prior written approval of the COR shall be required for all purchases of materials. The contractor shall transfer all materials not depleted to the Government by way of Material Inspection and Receiving Report (DD Form 250). Other Direct Charges may include general and administrative expenses but shall not include profit.
3.1.5.3 Space - The government will provide necessary office space, ADP equipment to include NMCI seats (CDRL A004, see also SOW paragraph 3.1.3.5), required office equipment and supplies, and access to telephone/ fax machine for official business. For aircrew, required aircrew functions equipment and clothing such as flight suits and gear, safety equipment, etc.) will be government provided.
3.1.5.3.1 The costs of general purpose business expenses required for the contractor’s normal business operations are not an allowable direct cost in the performance of this contract. General purpose business expenses include, but are not limited to, the cost for items such as telephones and telephone charges, reproduction machines, word processing equipment, personal computers and other office equipment and office supplies.
N0042117R0055
Page 23 of 118
3.1.6 NAVAL AVIATION SURVIVAL TRAINING - All Contractor personnel authorized to perform crew duties in naval aircraft shall adhere to the Naval Aviation Survival Training Program requirements of OPNAVINST 3710.7 series. Test squadrons are responsible for scheduling classes following contractor request for training.
3.1.7 SUBCONTRACTORS - Provisions stated herein shall be clearly and effectively communicated to all subcontractors providing support under this contract by the prime contractor. All provisions of this SOW shall flow down to subcontractors providing support under this contract via the prime contractor and the Government will not take position to advise or conduct business directly with sub-contractors.
3.1.8 MANAGEMENT OF CONTRACTOR PERSONNEL - The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. The contractor shall manage its employees and guard against any actions that are of the nature of personal services, or give the perception of personal services.
3.1.9 TRANSITION STRATEGY (POST CONTRACT) - The overall strategy shall be built around maintaining the mission with minimal impact, not only in terms of timeliness of performance but also to ensure that critical data and knowledge transfer occurs. 90-days prior to the end of the contract, establish and provide a plan/ schedule to ensure an orderly transition of responsibilities, while minimizing impact to the operation. The contractor shall submit a Transition Out Plan, when requested by the Government, to include the minimum elements listed below.
3.1.9.1 Work Turnover - The contractor shall provide a plan of action to effectively transfer tasked work that is in process at the expiration or termination of the contract to the successor company. The contractor shall establish and maintain effective communication with the incoming contractor or Government personnel for the period of transition via weekly status meetings. 3.1.9.2 Quality Assurance - The contractor shall provide a plan of action to ensure continuation of quality review processes during the transition period to the successor company.
3.1.9.3 Risk Mitigation Strategies - The contractor shall provide a plan of action to mitigate contract performance risks (quality and schedule) encountered during the transition period.
3.1.9.4 Data/Information Transfer - The contractor shall provide a plan of action for the efficient inventory and transfer of program data to the successor company.
3.2 SECURITY
3.2.1 CITIZENSHIP REQUIREMENTS - Only U.S. citizens may perform under this contract, unless waived. If the Contractor cannot find qualified U.S. citizens to perform the work, the Contractor shall submit a citizenship waiver request with justification to the Government Contracting Officer. The waiver request should include: a. The individual's name, date and place of birth, position title, and current citizenship. b. A statement that a qualified U.S. citizen cannot be hired in sufficient time to meet the contractual requirements. c. A statement of the unusual expertise possessed by the applicant. d. A statement that access will be limited to a specific government contract (specify contract number).
N0042117R0055
Page 24 of 118 e. A statement that the Contractor has obtained an export license for the information required to perform the contract.
3.2.2 INVESTIGATIVE REQUIREMENTS - Investigative requirements for Department of Navy (DON) contractor personnel requiring access to classified information are managed under the National Industrial Security Program (NISP). During performance of this contract, the Contractor will require access to Government facilities or installations; and/or to Department of Defense (DOD) Information Technology (IT) systems including networks to perform sensitive or non-sensitive duties. The Contractor shall flow the following requirements down in all subcontracts when the Subcontractor will be required to have access to Government facilities or installations; and/or to a DoD IT systems including networks to perform sensitive or non-sensitive duties in support of this contract. In accordance with SECNAV M-5510.30, DON Personnel Security Program Non-NISP investigations will be conducted for Contractors and its Subcontractors requiring access to Government facilities or installations, Common Access Card (CAC), and IT-I or IT-II level system network access, but who do not require access to classified information. All Contractor personnel that require access to DON information systems and/or work on-site, but do not require clearance eligibility, are designated Non-Critical Sensitive for IT-II system access or Critical Sensitive for IT-I system access. Non-NISP adjudications are completed by the DOD Consolidated Adjudication Facility (DOD CAF) in accordance with SECNAV M-5510.30
The Contractor shall conform to the security provisions of SECNAVINST 5510.30, DoD-8570.01M, Information Assurance Workforce Improvement Program, /DoD Directive -8140.01 Cyberspace Workforce Management, and the Privacy Act of 1974. The Contractor shall ensure their personnel can possess and maintain the appropriate background investigation, and are certified/credentialed for the Information Assurance Workforce (IAWF)/Cyber Security Workforce (CSWF), as applicable. At a minimum, the Contractor shall validate that the background information provided by its employees charged under this contract is correct, and the employee shall hold a favorable determination. In accordance with DoD Directive 8570.01, Contractor personnel shall meet requirements in DOD 8570.01M for task order performance as applicable to the work being performed.
3.2.2.1 Background Vetting - Non-NISP investigations shall be conducted using the Questionnaire for National Security Positions (SF-86) Form for the SSBI and the NACLC review, as applicable. The contractor employee shall submit the completed SF-86 to the local Navy Command Security Office. The Contractor employee shall provide any and all mitigating information to clarify derogatory information that may be present on their SF-86 at the time of submission. The local Navy Command Security office will review the SF-86 for a local access determination pending a final determination by DOD CAF. If an unfavorable adjudication is determined by DOD CAF all access will be terminated. The contractor employee is afforded due process to attempt to mitigate any derogatory information that is listed as a concern by the DOD CAF in accordance with DOD 5200.2-R.
3.2.3 COMMON ACCESS CARD (CAC)/PUBLIC KEY INFRASTRUCTURE (PKI), SYSTEM AUTHORIZATION ACCESS REQUEST (SAAR-N).
3.2.3.1 SAAR-N - All contractor personnel requiring access to Government Information Technology (IT) systems shall have an approved System Authorization Access Request (SAAR-N) Form OPNAV 5239/14 (Rev Sep 2011) on file, and complete required Annual Information Awareness Training. New employees must submit their SAAR forms within thirty (30) days of their first day of work. Instructions for processing the SAAR-N forms are available at: https://www.public.navy.mil/surfor/ccsg11/Documents/CCSG11_OPNAV_5239_14SAAR_N.pdf or See Attachments 3,4 and 5. SAAR-N forms shall be submitted to the Contracting Officer’s Representative (COR), Government Technical Point of Contact (TPOC), or to the assigned government Trusted Associate Sponsorship System (TASS) Trusted Associate.
N0042117R0055
Page 25 of 118
3.2.3.2 Common Access Cards (CAC)/Local Badges - Contractor CACs and facility specific identification badges will be issued by the Government to on-site contractor personnel and shall be visible at all times while personnel are at the Government site. The contractor shall furnish all requested information required to facilitate issuance of identification badges and shall conform to all instructions/guidance required by the facility. All CACs and identification badges issued to Contractor employees shall be returned to the Government Security Department at the Government site in accordance with the instructions/guidance required by your facility following completion of the contract, relocation or termination of an employee, or upon request from the Contracting Officer’s Representative. The Government will provide the contractor access to Government facilities, as required, for performance of tasks under this contract. Contractor personnel shall comply with the instructions/ guidance required by your facility.
3.2.3.3 DD-254 - The contractor shall comply with security requirements specified in the DD-254 (Attachment 13) to this contract. Information or data that the contractor accesses shall be handled at the appropriate classification level, unclassified information shall be handled as “For Official Use Only” and safeguarded IAW DoD 5200.01, Vol. 4, “DoD Information Security Program: Controlled Unclassified Information (CUI). Distribution is authorized to the Requiring Office’s Organization and supported Activity only. Other requests for deliverables under this contract shall be referred to the TPOC/COR of this contract for approval.
3.2.4 INFORMATION SECURITY - If the work is performed at the Contractor’s facility, the Contractor shall implement and maintain security procedures and controls to prevent unauthorized disclosure of classified information and controlled unclassified information (CUI) and to control distribution of CUI in accordance with 5200.01 Vol. 4, DOD 5220.22-M (NISPOM), and SECNAV M-5510.36. If the work is performed at the Government’s facility, the Contractor shall comply with the Facilities Instructions/Guidance, the latest applicable Program Protection Plan(s) and applicable Security Classification Guide(s).
3.2.4.1 Marking - All information generated by the Contractor shall be properly marked. For Official Use Only information generated and/or provided under this contract shall be marked in accordance with DoDM 5200.01. Technical information shall also be marked with appropriate Distribution Statements and Export Control warnings in accordance with DoDD 5230.24 and program applicable Security Classification Guidance.
3.2.4.2 Public Release - No information pertaining to this contract shall be released for public dissemination, including posting to any social media sites such as Facebook or Twitter, unless it has been approved for public release by the appropriate U.S. government authority. Proposed public releases shall be submitted for approval prior to release through NAS Patuxent River Public Affairs Office. Briefing / Debriefing.
3.2.4.3 Security and Safety Briefing - Upon reporting to the Test Squadron, contractor personnel, assigned for a period in excess of 30 calendar days are required to attend Squadron security and safety orientations provided by the Security Officer and the Safety Officer. The orientations are to provide the contractor personnel with awareness of basic requirements for protection of individuals, classified information and the procedures that coincide. Applicable instructions will be used as the basis for the orientation and the contractor shall comply with the information within these instructions regardless of the timeframe onsite.
3.2.4.3.1 For contractor personnel assigned for a period in excess of 30 calendar days, an exit debriefing is required from the Security Officer and the Safety Officer when they depart.
3.2.4.4 Identification of Contractor Personnel - The Contractor shall ensure Corporation affiliation is referenced on all written documentation that refers to contractor personnel. This is required for internal and external communication. Similarly, the contractor affiliation shall be identified at the beginning of any meeting or conference where contractor personnel are in attendance. Proper identification of Squadron contractor personnel
N0042117R0055
Page 26 of 118 is required. All Squadron contractor personnel must wear an official badge issued by NAS Security Department while occupying Government spaces.
3.2.4.4.1 If a contractor is to support a squadron for over 90 days, a Common Access Card (CAC) will be issued from the appropriate NAS Security Office. The badge shall not have an expiration date that exceeds the expiration date of the contract.
3.2.4.4.2 If a contractor is to support a squadron for 90 days or less, and requires a CAC or E-CAC for the services they will be providing, will be issued a CAC or E-CAC from t h e appropriate NAS Security Office. The badge shall have the expiration date that shall coincide with the expiration date of the individual’s tenure at the squadron while working under a contract.
3.2.4.5 Loss, Compromise and/or Electronic Spillage of Classified or Controlled Unclassified Information - All instances of loss, compromise and electronic spillage of classified or controlled unclassified information shall be reported to the COR, TPOC and Government Security Office within 24 hours of the incident occurring.
3.2.5 OPERATIONS SECURITY (OPSEC) - The Contractor shall develop, implement and maintain a facility level Operations Security (OPSEC) program that details security procedures and controls to prevent unauthorized disclosure and control the distribution of controlled unclassified and classified activities, information, equipment, and material used or developed by the Government, Contractor and any Subcontractor during performance of the contract. While performing aboard NAVAIR or NAVAIR sites, the contractor shall comply with the provisions of OPNAVINST 3432.1A, the local Command/Facility OPSEC policies, as well as any procedures identified in Program-Specific Operations Security Plans, and Program Protection Plans (PPP) as applicable.
These procedures shall be in accordance with the DoD 5220.22-M National Industrial Security Program Operating Manual (NISPOM) and the DoD Information Security Program and Protection of Sensitive Compartmented Information (SCI) (DoDI 5200.01). All controlled unclassified information (CUI) shall be appropriately identified and marked as For Official Use Only (FOUO) in accordance with DoD 5200.01, Information Security Program: Controlled Unclassified Information (CUI) Volume 4 and DoD 5400.7-R (Freedom of Information Act Regulation) (Chapter 3). All Contractor facilities shall provide an appropriate means of storage for controlled unclassified and classified documents, equipment and materials in accordance with OPSEC requirements. The Contractor shall practice OPSEC IAW the following policies:
a) DoDD 5205.02, DoD Operations Security (OPSEC) Program b) DoD 5205.02-M, DoD Operations Security (OPSEC) Program Manual c) OPNAVINST 3432.1A, DON Operations Security d) SECNAV 3070.2, Operations Security
The Contractor shall maintain an effective OPSEC program that implements countermeasures to protect critical information (CI) and other sensitive unclassified information and activities, especially those activities or information which could compromise classified information or operations, or degrade the planning and execution of military operations performed or supported by the contractor in support of the mission.
3.2.6 ANTI-TERRORISM FORCE PROTECTION AND EMERGENCY MANAGEMENT - The work performed on this contract is not Emergency Essential in accordance with OPNAVINST 3440.17A and Government Emergency Management, Antiterrorism and/or Continuity of Operations Plans. Contractor personnel shall comply with all Government Emergency Management, Antiterrorism and/or Continuity of Operations Plans and directives.
N0042117R0055
Page 27 of 118
Contractor personnel shall not report for work at Government facilities upon declaration of Force Protection Condition CHARLIE or in any event or emergency where Government officials’ direct curtailment of operations to “Mission Essential Only”. All Contractor personnel assigned to a government facility shall complete annual Antiterrorism (Level One) and Active Shooter training.
3.3 OPERATIONS AND PERFORMANCE REQUIREMENTS
The contractor shall perform the following tasks in accordance with the flight schedule and applicable policies and directives:
3.3.1 FLIGHT CREW SUPPORT (CLIN 0001 – 0013)
3.3.1.1 Test Flight Support – Per the corresponding references, conduct Category A and B, and when determined by the Commanding Officer, Category C and D flying and weapon system operation, flight test engineering, navigation, flight technical support, flight and ground tests, Range Support Aircraft (RSA) flights, administrative flights, Production Acceptance flights, training flights, functional check flights, mission systems, performance, flying qualities, ordnance, HERO, EMC, EMI, and EMP , and project specialist support in fixed, rotary wing, unmanned and lighter-than-air air vehicles systems types, models and series provided by the government. Additional tasking may include, but not be limited to the participation in evaluations of flight simulation devices such as operational flight trainers, weapon system trainers, position/tactics trainers, scenario development, mission planning and flight crew brief and debrief or any other simulation device for an air vehicle. Additionally, conduct reviews of Training, Maintenance, and Operational Pubs and documentation delivered with the system under test. Test data analysis will include quick-look data results and evaluate reduced flight test data to assess progress being made in achieving flight test objectives. Contractor category aircrew A and B (or C and D when mission requirements dictate) aircrew pilot, test flight officer, flight test engineer, navigator, in-flight technician, air crewman/crew chief, sensor operator, project specialists, Air Vehicle Operator (AVO), Mission Payload Operator (MPO) and Tactical Coordinator (TACCO) conduct mission preflight planning, in-flight system operation and data collection, analysis of flight test data, coordination of test data gathering, assist in the preparation of test plans, RSA support plans, and test progress reporting in support of the flight test team. Reporting will include test program status, progress made to date, and inputs to future test team objectives. NTWL/ NTWP Squadron Commanding Officers and Chief Test Pilots may define requirements that may require the appointment of contractor aircrew as Project Officer (PO) or project team member in support of PO planning, executing, and reporting of test results for assigned RDT&E projects. For assigned projects, serve as integral member of the Test Team; coordinate with Flight Test Engineers (FTE), Operations, Schedules, Project Liaison Office (PLO), Configuration Management Office (CMO), and Maintenance in the conduct and execution of a test program. Support sponsoring Program Manager, Air (PMA) efforts during system development and correction of deficiencies identified during test.
3.3.1.2 Pre-Mission Flight Planning - The contractor shall provide aircrew preflight planning for test missions as coordinated with mission briefers and engineering test team members. Preflight planning shall include, but not be limited to: obtaining current, enroute and forecast weather for the flight; completing appropriate flight planning and flying requirements; and outlining crew duties, communications plans, test procedures, test data cards, and safety of flight requirements. Additionally, the contractor shall be available to provide aircrew training for new or updated systems under test and prepare preliminary inputs for preflight data packages and data requirements.
3.3.1.3 Air Vehicle Operations - The contractor shall operate the assigned aircraft, associated systems and instrumentation using proper and thorough preflight, in-flight, and post-flight procedures in compliance with the OPNAVINST 3710.7 series; Naval Aviation Training and Operations Procedures Standardization (NATOPS) program or other flight operations procedures manuals provided by other DoD or commercial systems authorities for vehicles and systems under evaluation.
N0042117R0055
Page 28 of 118
3.3.1.3.1 The contractor aircrew shall comply with all policies for the operation of and qualification within the NAVAIRSYSCOM aviation competency and Naval Aviation program as prescribed in the Applicable Documents listed in paragraph 2.2 and 2.3.
3.3.1.4 In-flight Test Engineering Support - The contractor shall provide in-flight test engineering support through the completion of mission tasks assigned by the test director and operation of assigned data collection equipment. The contractor shall verbally present the data, and provide a written narrative report for discussion and submission during the post-flight debrief.
3.3.1.5 Test Data Collection - The contractor shall support test data collection compilation efforts by ensuring that data items collected are retrieved, annotated and delivered to test data analysis facilities. The contractor shall draft inputs for test progress reports when required. On a not to interfere basis with flight and ground test tasking, contractor aerial photographers may support other ground events in support of NTWL/ NTWP squadron missions.
3.3.1.6 System Assessment - The contractor shall assess the performance of the system undergoing testing. The contractor shall compare system performance to specifications and analyze design problems noted with the proposed system implementation. The contractor shall deliver draft recommendations for system deficiency reports within 15 calendar days of discovery of Part II or III deficiencies and within 5 calendar days of discovery of Part I deficiencies (NAVAIRINST 3960.5 series germane). The contractor shall document recommendations and be available to facilitate development of new requirements and system remediation to address reported deficiencies of systems under test.
3.3.1.7 Training - The contractor shall support training requirements such as test pilot training (ground and flight), Instrument, NATOPS, CRM and FMS working closely with the squadron Training Department and Safety/NATOPS Department. When designated by appropriate approving authority, contractor personnel may conduct squadron level training in areas such as Instrument Ground School, Crew Resource Management (CRM) and NATOPS. Contractor personnel may also be designated to track and administer annual Instrument and NATOPS evaluations for NTWL/ NTWP personnel.
3.3.1.8 The contractor shall when required: Complete operator's Inspection Guide and Trouble Report (NAVFAC 9- 11240/13) daily, prior to vehicle operation; vehicle interior/exterior is kept clean and FOD free; remove unsecured debris, ensure operator's report of motor vehicle accident (SF91) is in vehicle, all doors secured and seat belts worn when in motion; maintain current Airfield Vehicle Operator training in accordance with NASPAXRIVINST 3721.2 series; stop vehicles to clean tires (pebbles from treads) when proceeding onto aircraft parking ramps, runways, or taxiway's.
3.3.2 GROUND AND FLIGHT INSTRUCTORS (CLIN 0001 – 0013)
3.3.2.1 The contractor shall be tasked as required to provide the necessary ground and flight instruction support to allow the USNTPS to graduate two classes of qualified fixed wing, rotary wing, and airborne systems flight test personnel annually. After selection, instructors assigned to perform on this contract will be required to meet the certifications required for the prospective aircraft type. Additionally, contractor instructors will be fully integrated into the standardization and training flying programs, and will be eligible to participate in USNTPS sponsored special projects that directly support the USNTPS mission.
N0042117R0055
Page 29 of 118
3.3.2.2 Provide Fixed and Rotary Wing Curriculum Support - The contractor shall provide airborne instruction in fixed and rotary wing aircraft flying qualities and performance; provide familiarization ground and flight instruction in USNTPS fixed wing aircraft. Included in this task will be demonstration, instruction, and evaluation of multiple test techniques and flight procedures specifically outlined in USNTPS flight syllabus briefings and familiarization flight cards. Supporting documentation consisting of completed syllabus cards, grade cards, and required data cards or checklists shall be submitted.
3.3.2.3 Provide Airborne Systems Curriculum Support - The contractor shall provide airborne instruction in mission system electronic equipment operation and evaluation. Included in this task will be demonstration, instruction, and evaluation of multiple test techniques and procedures specifically outlined on USNTPS flight syllabus briefings and flight cards.
3.3.2.4 Provide Fixed and/or Rotary Wing Non-Flyer Curriculum Support - The contractor shall provide classroom instruction in fixed and/or rotary wing aircraft flying qualities and performance; provide ground familiarization instruction in USNTPS aircraft. Included in this task will be instruction of multiple test techniques and flight procedures specifically outlined in USNTPS flight syllabus briefings and familiarization flight cards. Supporting documentation consisting of completed examination results, and grade summaries shall be submitted.
3.3.2.5 The contractor may travel within the Continental United States (CONUS) and internationally in support of the curriculum execution and/or curriculum development. The travel shall be directed by the USNTPS as approved by the COR.
3.3.2.6 The contractor shall ensure all instructors will conduct classroom student exercise lectures and draft supporting documentation of the fixed wing, rotary wing and airborne systems syllabus. Such documents will include lecture notes, reference handouts, operations support memoranda and individual exercise instructor grading and review summary sheets. Additionally, an individual exercise turnover notebook shall be maintained for each exercise assigned in order to satisfactorily qualify a relieving instructor in that exercise.
3.3.2.7 Analyze Training Progress and Syllabus Effectiveness - The contractor shall analyze and evaluate training progress relative to syllabus objectives. Included in the task will be the examination and evaluation of student flying, test plans, presentations, and technical reports. Additionally, the instructor should generally be available during duty hour for student questions/consultations. The purpose of this report is to provide the Command an independent assessment of the performance of each class syllabus (Fixed Wing, Airborne Systems and Rotary Wing) after graduation. 3.3.2.8 Training Requirements and Instructional Methods - The contractor shall perform independent analysis of syllabus training requirements in light of state-of-the-art technology, new concepts in flight testing and data collection. Investigate new instructional methods, hardware, and concepts. This task involves participation in staff training, attendance at selected professional conferences, conferring with instructors from other schools and test personnel assigned to other test agencies and evaluation of airborne systems not resident at the instructor location. The purpose of this report is to provide the USNTPS Command an independent assessment of the current syllabus (Fixed Wing, Airborne Systems and Rotary Wing) compared to industry trends.
3.3.3 SIMULATOR SUPPORT (CLIN 0001 – 0013) 3.3.3.1 The contractor shall provide Test Pilot, Test NFO and Test Air crew members for acquisition, development, test, evaluation, and acceptance of simulators including OFTs, WSTs, and other aviation training devices to include, but not limited to: attending simulator system requirements reviews (SRR), preliminary design reviews (PDR), critical design reviews (CDR), design working groups; providing technical analysis of issues, report meeting results, analysis of significant issues and recommendation in a trip report per Government Furnished Format; review of
N0042117R0055
Page 30 of 118 simulator documents; providing planning for simulator T&Es including DT, pilot qualitative evaluations (QE), preliminary evaluations (PE), government preliminary inspections (GPI), and government final inspections (GFI); planning to consist of scope of test, data requirements, data acquisition methods, and resources required; report results of test planning and recommendations to the cognizant government engineer per Government Furnished Format; provide test pilot support for simulator tests and evaluations including DT, QE, PE, GPI, GFI, and other simulator tests IAW CDRL A005.
3.3.4 NAVPASS SUPPORT (CLIN 0001 – 0013)
3.3.4.1 The contractor shall provide management and support for Naval Aviation Project Activity Support System (NAVPASS). NAVPASS is an interactive web based software application linked to an electronic data storage server that is used nationwide by all of our NAVAIR ACC Test Squadrons (at both NTWL and NTWP) for routing, approval, and data storage of all project modifications on assigned aircraft. NAVPASS links all Test Squadrons under a common configuration management tool and contributes to the essentials of process commonality, joint program planning, seamless aircraft system transfers, horizontal integration, and metrics that help with our resource and allocation decisions. The implementation of this common software tool eliminates repetitive operations, creates an archive repository of engineering data from past experiences, enhances data/metric draws, and creates better communication throughout NAVAIR.
3.3.5 BOARDS AND REVIEWS (CLIN 0001 – 0013)
3.3.5.1 The contractor shall provide a T&E input during system technical reviews to include but not limited to SRR, PDR, CDR, design working groups, Test Readiness Reviews (TRR), Flight Readiness Reviews (FRR), Operational Test Readiness Reviews (OTRR) and production readiness reviews; providing technical analysis of issues, report meeting results, analysis of significant issues and recommendation in a trip report per Government Furnished Format.
3.3.6 QUALIFICATIONS AND CURRENCY (CLIN 0001 – 0013)
3.3.6.1 The contractor shall maintain currency on flight physicals, swim qualifications, physiology training, NATOPS training, instrument qualifications, and Night (unaided) qualifications. Night Vision Device (NVD) qualifications and currency will be maintained as mission requirements dictate. Stores Carriage and Separation, Carrier Suitability/Dynamic Interface, and Electromagnetic Compatibility/Safety of Flight Test (EMC/SOFT) are one-time qualifications (performed by the appropriate department), and will be obtained as mission requirements dictate.
3.3.6.2 The contractor shall provide Fixed and Rotary Wing Test Pilot Flight Instructors. Administrative check-in includes: Completion of personnel records, emergency data forms, discussions with Senior Curriculum Instructor and Chief Flight Instructor to determine which aircraft and exercises will be assigned, local area flight rules and regulations with tests. If a pilot does not have a current instrument rating they will attend instrument ground school. Additional tasks include safety and crew resource management program training, study and sign-off on approximately 10 USNTPS instructions. If the pilot does not have current aviation physiology certifications for all assigned aircraft, they will attend Naval Aviation Physiology training. 3.3.6.2.1 The contractor shall provide Aircraft-Specific Ground Training. If not qualified, pilots must complete all ground school and simulator requirements needed for qualification; if qualified but not current, only refresher ground school and simulators sufficient to re-certify will be completed. All pilots must have recent (within one year) open and closed-book examinations completed prior to flying.
N0042117R0055
Page 31 of 118
3.3.6.2.2 The contractor shall provide Flight Training: The amount of flight training to obtain qualification and currency in aircraft flown at USNTPS is dependent upon the recency of experience in TPS aircraft and the requirements of the NTWL SOP, squadron SOP and specific aircraft NATOPS manual. To obtain qualification, no less than ten hours of flight training is required for each type. If a pilot is qualified, but not current, flight time will typically be slightly less than ten hours. In addition to aircraft qualification and currency training, a pilot must have recent instrument flight time (six hours in the last six months, and have conducted both precision and non-precision instrument approaches).
3.3.6.2.3 The contractor shall provide Flight Instructor Certification: Once a contractor pilot attains current aircraft qualification, flight instructor certification by the TPS staff for each aircraft is required. The instructor qualification syllabus is normally five hours of ground school and three-to-five flights that include standardization check flight.
3.3.6.2.4 The contractor shall provide Exercise Certification: USNTPS flight instructors shall be certified by the USNTPS exercise monitor in many specific exercises that together form the flight syllabus of the school. Certification to teach each exercise is earned through a combination of ground school; training flights and demonstrations of competence (check flights and oral presentations). Certification for an exercise typically entails five hours of ground school, four hours of flight training, monitoring of class lectures and supervised grading of student written projects. About six months after assignment as a contract flight instructor, USNTPS contractors usually have enough experience at the school to become an exercise monitor. Training as an exercise monitor runs concurrently with all other flight and ground training.
3.3.6.3 The contractor shall provide Airborne Systems (AS) Flight Instructors; Preflight Training; Administrative check-in includes: Completion of personnel records, emergency data forms, discussions with Senior Curriculum Instructor and Chief Flight Instructor to determine which aircraft and exercises will be assigned, local area flight rules and regulations with tests. If AS flight instructor does not have a current instrument rating they will attend instrument ground school. Additional tasks include safety and crew resource management program training, study and sign-off on USNTPS instructions and obtaining a CAC card for NMCI access. If an AS instructor does not have current aviation physiology certifications for all assigned aircraft, they will attend Naval Aviation Physiology training.
3.3.6.3.1 The contractor shall provide Aircraft-Specific Ground Training: The aircraft specific ground training for ASTARS instructors is primarily concerned with operation of the extensive suite of electronics (radar, FLIR, navigation, communication) installed in the aircraft as well as the safety and management of a large number of students in the aircraft.
3.3.6.3.2 The contractor shall provide Flight and Simulator Training: AS flight instructors will require one or two flights in the ASTARS aircraft to attain basic crew qualification. One to two sessions per simulator assigned will be needed to attain clearance to operate that simulator.
3.3.6.3.3 The contractor shall provide Exercise Certification: AS flight instructors shall be certified by the USNTPS exercise monitor in several specific exercises that together form the airborne systems flight syllabus. Certification to teach each exercise is earned through a combination of ground school; training flights and demonstrations of competence (check flights and oral presentations). Certification for an exercise typically entails five hours of ground school, two hours of flight or simulator training and the monitoring and practice grading of student written projects. Approval of an AS flight instructor to be certified to teach a specific syllabus event comes from the USNTPS exercise monitor, who is responsible for all training and standardization of the event. AS flight instructors are also
N0042117R0055
Page 32 of 118 exercise monitors within the airborne systems curriculum and complete the same exercise monitor training as their instructor pilot counterparts.
3.3.6.3.4 The contractor shall provide Fixed/Rotary Wing Instructor (Non-Flyer): The non-flying instructors perform all the tasks of a fixed or rotary wing flight instructor except flight instruction. Non-flying instructors have no qualification or currency requirements. Nonflying instructors shall become instructors in ground-based flight simulators. Certification in an exercise as a non-flying instructor includes all the training required for a flight instructor minus the flying.
3.3.6.4 The contractor aircrew shall attend all aircrew meetings and attend all safety stand downs scheduled by a wing, squadrons and NAVAIRSYSCOM.
3.4 DEVELOPMENT AND SUPPORT
3.4.1 The Contractor shall participate in the implementation and development of NAVAIR sponsored initiatives for continuous improvements such as Airspeed, Theory of Constraints, Six Sigma and Reliability-Centered Maintenance.
3.4.2 The Contractor shall support the NATOPS program for assigned aircraft T/M/S. Submit NATOPS change recommendations as necessary. Support NATOPS Model Manager with technical information and recommendations regarding aircraft or system characteristics. Support and attend NATOPS conference when directed by NTWL/ NTWP Squadron Commanding Officer. Provide ground, simulator, and in-flight training to Fleet Units as aircraft and systems transition from development to Operational Test (OT) and/or Initial Operational Capability (IOC).
3.4.3 The Contractor shall support HAZREP and Mishap Investigations. Provide technical, aeronautical, and human factors insights to Aviation Mishap Boards. Support NAVAIR Aeromechanics Safety Investigation Support Team (ASIST) efforts with analysis of mishap data and through piloted simulations of mishap sequence of events.
3.5 GOVERNMENT AND CONTRACTOR FURNISHED PROPERTY
3.5.1 NMCI equipment is authorized for use on this effort and shall be tracked as part of CDRL A002.
3.5.2 Government property issued by the Government, or purchased on behalf of the government shall be tracked and accounted for IAW the Government Materials Instruction. All GFP issued to the contractor shall be tracked as part of CDRL A002.
3.5.3 Personal computers, not considered CFP, are not authorized to be utilized by the contractor.
3.6 CORPORATE APPLICATIONS AND INFORMATION ASSURANCE
The Contractor shall gain access to the following corporate applications, if appropriate. These systems include but are not limited to NMCI, WAWF, NALCOMIS, FIST, NTCSS Optimized OMA NALCOMIS, ONE Touch, NALDA, DOD EMALL, DESX, Naval Logistics Library (NLL), NATEC, WebCATS, JDRS, NOSSA, SAME, FAME, and the Airworthiness Site. Contractor personnel assigned to perform work under this contract and
N0042117R0055
Page 33 of 118 require access to Government IT Systems shall comply with DON Information Assurance and Personnel Security Requirements for Accessing Government Information Technology Systems. This includes completion of the SAAR-N form OPNAV 5239. See Attachments 3, 4 and 5 to the RFP for further information regarding the OPNAV 5239.
3.7 CERTIFICATION AND TRAINING OF CONTRACTOR PERSONNEL
3.7.1 The contractor shall certify his employees by verifying experience, special training, and qualifications. In no case will the government certify contractor personnel.
3.7.2 The contractor shall establish and maintain Training and Certification Program IAW OPNAVINST3710.7 series to ensure personnel remain highly qualified.
3.7.3 GOVERNMENT TRAINING REQUIREMENTS – All Contractor employees shall complete Government specific training requirements, provided by the Government, at no cost to the Contractor. This training includes new/recurring Navy requirements not available commercially, Operational Risk Management (ORM), Anti- Terrorism, Information Assurance (IA) and other safety/security training as required by the host command to include Safety Stand Downs. ORM and IA training completion must be documented and submitted to the COR.
3.7.3.1 The government reserves the right to waive Navy peculiar schools or training where equivalent training has been completed and used as a basis for the contractor's certification. Waivers will be considered on a case-by- case basis considering comparable experience, training, or other related schooling.
3.8 PERSONNEL QUALIFICATIONS
3.8.1 Because of the specialized nature of flight crew support requirements, contractor flight crew must meet and maintain physical requirements of the U.S. Navy. Current OPNAVINST 3710.7 series physical and physiological minimums are required for all aircrew positions. There are three categories of flight personnel:
1. Aircrew (Pilot, Naval Flight Officer, Navigator, Flight Engineer, Mission/Weapons System Operator, Observer, Loadmaster and Photographer.) 2. Selected Passenger; 3. Project Specialist.
3.8.2 NAVTESTWINGLANTINST 3710.7 series and NAVTESTWINGPACINST 3710.7 series include flight crew category A, B, C and D qualification requirements referenced in the individual personnel qualifications. All labor categories require Secret clearance unless otherwise noted in the labor category. Some programs may need a Top Secret clearance with the ability to obtain SCI access. The contractor is required to provide personnel having the following minimum levels of professional and technical experience. These minimum qualifications are the baseline for determining technical acceptability in the personnel area; Contractors should strive for technical excellence in personnel by demonstrating experience and qualifications beyond those listed below.
3.8.3 As no key personnel are defined, specific specialized and required experience and qualifications are defined in the paragraph 3.3.9 below. As the majority of the Labor Category in paragraph 3.3.9 align to the following BLS SOC, the standard text for these BLS are in paragraph 3.8.3.1 and 3.8.3.2 rather than each block within the table.
N0042117R0055
Page 34 of 118
3.8.3.1 The BLS SOC 55-3011 is utilized to perform pre, in and post flight duties to ensure the successful completion of RDT&E and search and rescue missions. Duties may include operating aircraft communications and detection equipment, including establishing satellite linkages and jamming enemy communications capabilities; conducting preflight, in-flight, and post flight inspections of onboard equipment; operating and maintaining aircraft weapons and defensive systems; operating and maintaining aircraft in-flight refueling systems; executing aircraft safety and emergency procedures; computing and verifying passenger, cargo, fuel, and emergency and special equipment weight and balance data; and conducting cargo and personnel drops.
3.8.3.2 The BCS SOC 53-2011 is utilized to perform pre, in and post flight Pilot and navigator duties of fixed- wing and rotary wing aircraft in support of RDT&E. The positions require Federal Air Transport certificate and rating for specific aircraft type used. Includes regional, National, and international pilots and flight instructors of pilots.
3.9 POSITION REQUIREMENTS:
Labor Category BLS SOC Functional Description
Aerial Photographer: 27-4021 Photograph people, landscapes, merchandise, or other subjects. Typically performs all functional duties independently. This positions requires experience with lighting equipment, photo editing software to produce finished images and prints. Includes commercial and industrial photographers, Aerial, scientific photographers, and photojournalists. A minimum of 100 hours’ aerial photography or videographer experience is required demonstrating competence/ experience in advanced photographic and video graphic techniques, including Photoshop editing, and graphic design in PC and Mac OSX environment. Past flight status is required while current flight status is desired. A Secret Clearance is required with a Top Secret Clearance desired. Anti-Sub Warfare 55-3011 Perform pre, in and post flight duties to ensure the successful completion of Operator: RDT&E and search and rescue missions. Typically performs all functional duties independently. Completion of a USN, USMC, or USAF school or similar DOD training and a minimum of 250 hours’ experience as a sonar operator or ASW aircraft acoustic sensor operator gained while serving in the U.S. or NATO Navies is required. An additional 250 flight hours’ experience working with aircraft acoustic processing system development and procurement and two years of experience working aircrew trainer systems is desired. A Secret Clearance is required. C/KC-130 In-Flight 55-3011 Perform pre, in and post flight duties to ensure the successful completion of Engineer: RDT&E and search and rescue missions. Typically performs all functional duties independently. Completion of a USN, USMC, or USAF school or similar DOD training and previously been designated a qualified Flight Engineer with 1,000 hours in C-130 series aircraft or other similar cargo aircraft with a past designation is required. Current flight status is desired. A Secret Clearance is required. C/KC-130 Loadmaster: 55-3011 Perform pre, in and post flight duties to ensure the successful completion of RDT&E and search and rescue missions. Typically performs all functional duties independently. Completion of a USN, USMC, or USAF school or similar DOD training and previously been designated a qualified Loadmaster with 1,000 hours in C-130 series aircraft or other similar cargo aircraft is
N0042117R0055
Page 35 of 118
required. Current flight status is desired. A Secret Clearance is required.
C/KC-130 Pilot (CAT 53-2011 Pilot and navigate the flight of fixed-wing, multi-engine aircraft, during A/B): testing. Typically performs all functional duties independently. A minimum of 1,000 flight hours in C-130 model as a Pilot with a past designation is required while a current designation is desired. A Secret Clearance is required. C/KC-130 Pilot (CAT 53-2011 Pilot and navigate the flight of fixed-wing, multi-engine aircraft, during C/D): testing. Typically performs all functional duties independently. A minimum of 1,000 flight hours in C-130 model as a Pilot with a past designation is required while a current designation is desired. Requires two years of RDT&E flight experience and graduation from one of the following: U.S. Naval Test Pilot School, U.S. Air Force Test Pilot School, Empire Test Pilot School, EPNER Test Pilot School, or meet the requirements for a TPS waiver in accordance with NAVAIRINST 3710.1 series is required. A Secret Clearance is required. C-2/E-2 Flight 55-3011 Perform pre, in and post flight duties to ensure the successful completion of Technician: RDT&E missions. Typically performs all functional duties independently. Completion of a USN, USMC, or USAF school or similar DOD training and previously been designated a qualified Aircrewman with 500 hours and past designation in C-2, E-2 or similar cargo aircraft is required with a current designation being desired. A Secret Clearance is required. C-38 Pilot 53-2011 Pilot and navigate the flight of fixed-wing, multi-engine aircraft, during testing. Typically performs all functional duties independently. A minimum of 1,500 flight hours with a minimum of 150 hours in the specific model or similar aircraft. Past designation as an Aircraft Plane Commander in any Military Aircraft is required while a current designation is desired. Current designation for multi-pilot aircraft is desired. A Secret Clearance required. CH-53K Test Pilot (CAT 53-2011 Pilot and navigate the flight of fixed-wing, multi-engine aircraft, during A/B/C/D): testing. Typically works on high-visibility or mission critical aspects of a given program and performs all functional duties independently. A Senior level person may oversee the efforts of less senior staff and/or be responsible for the efforts of all staff assigned to a specific job. A minimum of 2000 flight hours and 1,000 first pilot hours in rotary wing aircraft with a past designation is required. A current flight status designation is desired. Designation as Helicopter Aircraft Commander, Functional Check Flight (FCF) pilot and pilot in command for Category C flight test are required. Two years RDT&E flight experience required. Current or previous designations as NATOPS Instructor and Instrument Evaluation pilot are desired. Experience conducting acceptance and certification testing of flight simulators is desired. Night Vision Device (NVD)/Night Vision Goggle (NVG) qualification is desired. Must be a graduate of the rotary wing flight mechanics curriculum from one of the following: U. S. Naval Test Pilot School, Empire Test Pilot School, EPNER Test Pilot School or meet the requirements for a TPS waiver in accordance with NAVAIRINST 3710.1 series. A Secret Clearance is required with a Top Secret with the ability to obtain SCI access desired. Commercial Derivative 53-2011 Pilot and navigate the flight of fixed-wing, multi-engine aircraft, during Aircraft Pilot: testing. Typically performs all functional duties independently. A minimum of 1,500 flight hours with a minimum of 150 hours in the specific model or similar aircraft. Past (required) or current (desired) designation as an Aircraft Plane Commander in any Military Aircraft is required. Current designation may be required for multi-pilot aircraft. Top Secret security clearance with the ability to obtain SCI access desired.
N0042117R0055
Page 36 of 118
Co-pilot/P3 (P-3, C-130, 53-2011 Pilot and navigate the flight of fixed-wing, multi-engine aircraft, during P-8): testing. Typically performs all functional duties independently. A minimum of 1,000 hours in military aircraft. Past (required) or current (desired) designation as an aircraft or mission commander required in T/M/S. Two years RDT&E experience desired. Graduate of one of the military test pilot schools - USNTPS, USAFTPS, Empire, EPNER is desired. A Secret clearance is required. E-2/C-2 Pilot (CAT A/B): 53-2011 Pilot and navigate the flight of fixed-wing, multi-engine aircraft, during testing. Typically performs all functional duties independently. A minimum of 1,500 hours in the E-2/C-2 aircraft. Past (required) or current (desired) designation as a Carrier AEW Plane Commander/Mission Commander is required. Two years RDT&E flight experience is desired. A Secret Clearance is required with a Top Secret clearance and the ability to obtain SCI access desired. E-2/C-2 Test Pilot (CAT 53-2011 Pilot and navigate the flight of fixed-wing, multi-engine aircraft, during C/D): testing. Typically performs all functional duties independently. A minimum of 1,500 hours in the E-2 or C-2 aircraft. Past (required) or current (desired) designation as an E-2 Plane Commander or C-2 Transport Plane Commander) is required. Two years RDT&E flight experience required. Must be a graduate of one of the following: U.S. Naval Test Pilot School (TPS), U.S. Air Force Test Pilot School, Empire Test Pilot School, EPNER Test Pilot School or meet the requirements for a TPS waiver in accordance with NAVAIRINST 3710.1 series. A Secret Clearance is required with a Top Secret clearance and the ability to obtain SCI access desired. E-2/C2 Weapon System 55-3011 Perform pre, in and post flight duties to ensure the successful completion of Operator/Flight Test RDT&E missions. Typically performs all functional duties independently. A Engineer (NFO CAT minimum of 1,000 hours in Navy aircraft and 500 hours in E-2C or E-2D. C/D): Past (required) or current (desired) designation as an E-2 or E-2 C/D Combat Information Center Officer is required and may be substituted for a Bachelors’ Degree. One year RDT&E flight experience required. Must be a graduate of one of the following: U.S. Naval Test Pilot School, U.S. Air Force Test Pilot School, Empire Test Pilot School, EPNER Test Pilot School. A Secret Clearance is required with a Top Secret clearance and the ability to obtain SCI access desired. E-2/C-2 Weapon System 55-3011 Perform pre, in and post flight duties to ensure the successful completion of Operator/Flight Test RDT&E missions. Typically performs all functional duties independently. A Engineer (NFO) (CAT minimum of 1,000 hours in Navy aircraft with 500 hours in E-2C or E-2D A/B): aircraft. Past (required) or current (desired) designation as a Combat Information Center Officer (CICO), Mission Commander and Air Intercept Controller (AICO) required and may be substituted for a Bachelors’ Degree. One year RDT&E experience is required. A Secret Clearance is required with a Top Secret clearance and the ability to obtain SCI access desired. E-6B Airborne 55-3011 Perform pre, in and post flight duties to ensure the successful completion of Communicator (ACOM) RDT&E missions. Typically performs all functional duties independently. (CAT A/B): Completion of a USN, USMC, or USAF school or similar DOD training and a minimum of 500 hours in the E-6 or similar aircraft is required and may be substituted for a Bachelors’ Degree. Past (required) or current (desired) designation as an ACOM in the E-6A or similar aircraft is required. A Secret Clearance is required with a Top Secret clearance and the ability to obtain SCI access desired. E-6B Combat System 55-3011 Perform pre, in and post flight duties to ensure the successful completion of Officer (CSO) (CAT RDT&E missions. Typically performs all functional duties independently. Completion of a USN, USMC, or USAF school or similar DOD training and
N0042117R0055
Page 37 of 118
A/B): a minimum of 500 hours in the E-6 or similar aircraft. Past (required) or current (desired) designation as an E-6A/B CSO is required and may be substituted for a Bachelors’ Degree. A Secret Clearance is required with a Top Secret clearance and the ability to obtain SCI access desired. E-6B Flight Engineer: 55-3011 Perform pre, in and post flight duties to ensure the successful completion of RDT&E missions. Typically performs all functional duties independently. Completion of a USN, USMC, or USAF school or similar DOD training and a minimum of 1,000 hours as a designated E-6 Flight Engineer is required and may be substituted for a Bachelors’ Degree. A Secret Clearance is required with a Top Secret clearance and the ability to obtain SCI access desired. E-6B Flight Technician: 55-3011 Perform pre, in and post flight duties to ensure the successful completion of RDT&E missions. Typically performs all functional duties independently. Completion of a USN, USMC, or USAF school or similar DOD training and a minimum of 500 hours in the E-6 or similar aircraft and may be substituted for a Bachelors’ Degree. Past or current designation in the appropriate E-6 crew position is desired. A Secret Clearance is required with a Top Secret clearance and the ability to obtain SCI access desired. E-6B Pilot (CAT A/B): 53-2011 Pilot and navigate the flight of fixed-wing, multi-engine aircraft, during testing. Typically performs all functional duties independently. A minimum of 1,000 hours in E-6B TACAMO or similar large, multi-engine military aircraft (such as KC-135, KC-10, etc.). Past (required) or current (desired) designation as an Aircraft Commander required. A Secret Clearance is required with a Top Secret clearance and the ability to obtain SCI access desired. E-6B Reel Operator: 55-3011 Perform pre, in and post flight duties to ensure the successful completion of RDT&E. Typically performs all functional duties independently. Completion of a USN, USMC, or USAF school or similar DOD training and a minimum of 500 hours in the E-6 or similar aircraft is required. Past (required) or current (desired) designation as First Reel Operator in the E-6 or similar aircraft is required. A Secret Clearance is required with a Top Secret clearance and the ability to obtain SCI access desired. E-6B Test Pilot (CAT C): 53-2011 Pilot and navigate the flight of fixed-wing, multi-engine aircraft, during testing. Typically performs all functional duties independently. A minimum of 1,500 hours in E-6A/B TACAMO or similar large, multi-engine military aircraft (such as KC-135, KC-10, etc.). Past (required) or current (desired) designation as an Aircraft Commander is required. Two years RDT&E flight experience required. Must be a graduate of one of the following: U.S. Naval Test Pilot School, U.S. Air Force Test Pilot School, Empire Test Pilot School, EPNER Test Pilot School or meet the requirements for a TPS waiver in accordance with NAVAIRINST 3710.1 series. A Secret Clearance is required with a Top Secret clearance and the ability to obtain SCI access desired. EP-3E Flight Test 55-3011 Perform pre, in and post flight duties to ensure the successful completion of Technician: RDT&E missions. Typically performs all functional duties independently. Completion of a USN, USMC, or USAF school or similar DOD training and a minimum of 500 hours in the EP- 3E/ES-3A/EA-3B or similar SIGINT aircraft is required and may be substituted for a Bachelors’ Degree. Past or current designation as electronic warfare operator (EWOP) is desired. A Secret Clearance is required with a Top Secret security clearance with the ability to obtain SCI access being desired. F-18 Pilot (CAT A/B/C): 53-2011 Pilot and navigate the flight of fixed-wing, multi-engine aircraft, during testing. Typically performs all functional duties independently. A minimum
N0042117R0055
Page 38 of 118
of 1,500 hours in the F-18 (A/B/C/D/E/F/G) T/M/S. Two years of RDT&E flight test experience required. For CAT C must be a graduate of one of the military test pilot schools - USNTPS, USAFTPS, Empire, and EPNER or meet the requirements for a TPS waiver per NAVAIRINST 3710 series. A Secret Clearance is required. A Top Secret security clearance with the ability to obtain SCI access is desired. F-18 WSO (CAT A/B/C): 53-2011 Pilot and navigate the flight of fixed-wing, multi-engine aircraft, during testing. Typically performs all functional duties independently. A minimum of 1,000 hours in the F-18 (A/B/C/D/E/F/G) T/M/S and two years of RDT&E flight test experience required. For CAT C must be a graduate of one of the military test pilot schools - USNTPS, USAFTPS, Empire, and EPNER. A Secret Clearance is required. A Top Secret security clearance with the ability to obtain SCI access is desired. Fixed Wing Instructor 53-2011 Pilot and navigate the flight of fixed-wing, multi-engine aircraft, during Pilot: testing. Position requires a MA/MS degree and two years of flight instructor experience. Typically works on high-visibility or mission critical aspects of a given program and performs all functional duties independently. The candidate may oversee the efforts of less senior staff and/or be responsible for the efforts of all staff assigned to a specific project. The candidate shall be a graduate of the U.S. Naval Test Pilot School (USNTPS) or the U.S. Air Force Test Pilot School (USAFTPS)/equivalent military test pilot school. Requires three years of fixed wing test pilot experience. Shall have been recently (within the last five years) been qualified in at least two of the following aircraft: C-12, C-130, T-6, T-38, T-44, T-45, F/A-18, P-3, P-8, U-1, U-6, or other multiengine aircraft. Four additional years of rotary wing test pilot experience and a BA/BS degree may be substituted for a Master’s degree. A Secret Clearance is required. H-60 SAR Pilot: 53-2011 Pilot and navigate the flight of rotary-wing aircraft during testing and search and rescue missions. Typically performs all functional duties independently. A minimum of 1,000 hours in H-60 series aircraft and previous designation as a SAR Mission Commander is required. Prior qualified US Naval Air Warfare Development Center High Altitude Mountain Flying Course or US Army Aviation High Altitude Power Management Mountain Qualification Course graduate is required. 200 hours high altitude (greater than 5,000 ft. density altitude) SAR experience is desired. Night Vision Device (NVD)/Night Vision Goggle (NVG) Instructor qualification is desired. Helicopter Aerial Fire Bucket experience desired. A Secret Clearance is required. H-60 Test Pilot (CAT 53-2011 Pilot and navigate the flight of rotary-wing aircraft during testing. Typically A/B/C/D) performs all functional duties independently. A minimum of 2000 flight hours total with a minimum 1,000 flight hours in the TMS is required. Past (required) or current (desired) designations as Helicopter Aircraft Commander, Functional Check Flight (FCF) pilot and pilot in command for Category C flight test are required. Two years RDT&E flight experience required. Current or previous designations as NATOPS Instructor and Instrument Evaluation pilot are desired. Experience conducting acceptance and certification testing of flight simulators is desired. Night Vision Device (NVD)/Night Vision Goggle (NVG) qualification is desired. Must be a graduate of the rotary wing flight mechanics curriculum from one of the following: U. S. Naval Test Pilot School, Empire Test Pilot School, EPNER Test Pilot School or meet the requirements for a TPS waiver in accordance with NAVAIRINST 3710.1 series. A Top Secret Clearance is required.
N0042117R0055
Page 39 of 118
Helicopter 53-2011 Pilot and navigate the flight of rotary-wing aircraft during testing. Typically Maintenance/FCF Test performs all functional duties independently. A minimum of 1,500 helicopter Pilot: flight hours and 100 hours of FCF/Maintenance test flying is required. Past (required) or current (desired) designation as a Helicopter aircraft commander (HAC) is required. A Secret Clearance is required. Helicopter Mission 55-3011 Perform pre, in and post flight duties to ensure the successful completion of Systems Operator (CAT RDT&E and search and rescue missions. Typically performs all functional A/B/C): duties independently. A minimum of 1,000 hours in the designated helicopter aircraft. Graduate of applicable Fleet Replacement Aircrew Curriculum (FRAC) or equivalent designation as Warfare Systems Operator for helicopter Weapons, Sensors, and Systems (dipping sonar, Multi-Mode RADAR (MMR)/ISAR/ARPDD, ESM, FLIR, Link 16, Hawk Link, crew- served weapons, countermeasures, AQS-20, AMNS, OASIS, FLIR, crew-served weapons, and countermeasures is required and this experience may be substituted for a Bachelors’ degree. Current or previous designation as NATOPS Instructor is desired. Current or previous qualification as U. S. Naval Rescue Swimmer or equivalent desired. Two years of RDT&E flight test experience desired. A Secret Clearance is required. Helicopter Test Pilot 53-2011 Pilot and navigate the flight of rotary-wing aircraft during testing. Typically (CAT A/B/C): performs all functional duties independently. A minimum of 1,000 flight hours and 500 first pilot hours in rotary wing aircraft. Current or previous designations as Helicopter Aircraft Commander, Functional Check Flight (FCF) pilot and pilot in command for Category C flight test are required. Current or previous designations as NATOPS Instructor and Instrument Evaluation pilot are desired. Two years RDT&E flight experience required. Experience conducting acceptance and certification testing of flight simulators is desired. Night Vision Device (NVD)/Night Vision Goggle (NVG) qualification is desired. For CAT C must be a graduate of the rotary wing flight mechanics curriculum from one of the following: U. S. Naval Test Pilot School, Empire Test Pilot School, EPNER Test Pilot School or meet the requirements for a TPS waiver in accordance with NAVAIRINST 3710.1 series. A Secret Clearance is required. Helicopter/Tilt Rotor 55-3011 Perform pre, in and post flight duties to ensure the successful completion of Aircrew man: RDT&E and search and rescue missions. Typically performs all functional duties independently. A minimum of 500 hours of crew chief experience required. Two years RDT&E experience required. Graduate of U. S. Naval Aircrew Candidate School (NACCS), USAF basic helicopter flight engineer (BHFE), USMC US Marine Enlisted Aircrew Training (MEAT) Program graduate is required. Completion of USNTPS Fundamentals of Flight Test Short Course is desired. Night Vision Device (NVD)/night Vision Goggle (NVG) qualification is desired. A Secret Clearance is required. KC-130 Navigator: 53-2011 Pilot and navigate the flight of rotary-wing aircraft during testing. Typically performs all functional duties independently. Completion of formal technical training which can be related to the specific area of engineering activity for which the candidate is to be proposed. A minimum of 1,000 hours in C-130 family of aircraft with 500 hours as a designated KC-130 Navigator is required. A Secret Clearance is required. KC-130J Crewmaster: 55-3011 Perform pre, in and post flight duties to ensure the successful completion of RDT&E and search and rescue missions. Typically performs all functional duties independently. Completion of formal technical training which can be related to the specific area of engineering activity for which the candidate is to be proposed. Shall have completed the USMC Crewmaster syllabus, previously been designated a qualified KC-130J Crewmaster, C-130 Flight
N0042117R0055
Page 40 of 118
Engineer, or C-130 Loadmaster and have 1,000 hours in C-130 series aircraft. A Secret Clearance is required. Non-Flying Fixed and 53-2011 The Flight Instructor provides individual flight, and ground instructions to Rotary Wing Flight military, civilian or international student pilots in a highly structured training Instructors environment. Flight instruction may be performed in a high performance aerobatic aircraft with students who have limited or no previous flight experience. Instruction is based on highly structured syllabus of instruction. Instructors must be able to tailor instruction to students' individual progress and previous qualifications. Instructors must be skilled in providing instructions limited by daily flight schedule. This position maintains training folders that accurately reflect student performance and progress, documents student deficiencies and suggests corrective actions, and motivates students having problems with performance or adaptation to the flight environment. Instructors may also be required to qualify as an observer, monitoring aircraft in the traffic pattern and providing aircraft clearance information to maintain safe and efficient traffic flow. Instructors may also be required to qualify as an area controller who assigns areas to and monitors aircraft in the local training areas, including providing for aircraft separation for arriving and departing aircraft. Typically performs all functional duties independently. Non-flying instructors shall become instructors in ground-based flight simulators. Certification in an exercise as a non-flying instructor includes all the training required for a flight instructor minus the flying. Six years of Instructor experience and a Masters’ degree are required. Four additional years of experience and a BA/BS may be substituted for the Masters’ degree. The non-flying instructors perform all the tasks of a fixed or rotary wing flight instructor except in-flight instruction. Non-flying instructors have no qualification or currency requirements. A Secret Clearance is required. Observer: 55-3011 Performs aerospace equipment oversight functions of test equipment installed on test aircraft and records results. Requires a BA/BS degree and two years of relevant experience. Completion of formal DOD Service Technical Training which can be related to the specific area of engineering is desired. Two years of RDT&E experience is desired. Six years of additional experience may be substituted for a Bachelors’ degree. A Secret Clearance is required. P-3 Flight Technician: 55-3011 Perform pre, in and post flight duties to ensure the successful completion of RDT&E and search and rescue missions. Typically performs all functional duties independently. Past (required) or current (desired) designation in the appropriate crew position, such as Sensor Operator (SENSO), In-flight Technician, Radar Operator and a minimum of 500 hours in the T/M/S to be supported is required. Two years of RDT&E experience desired. A Secret Clearance is required. P-3 Weapon System 53-2011 Pilot and navigate the flight of fixed-wing, multi-engine aircraft during Operator/Flight Test testing. Typically performs all functional duties independently. A minimum Engineer (NFO): of 1,000 hours in Navy aircraft and 300 hours in specific missioned aircraft is required. Two years RDT&E experience is desired. Past (required) or current (desired) designations as a Tactical Coordinator (TACCO) and Mission Commander. A Secret Clearance is required with a Top Secret security clearance with the ability to obtain SCI access desired. For the EP-3 Weapon System Operator/Flight Test Engineer, 500 hours in a SIGINT aircraft is also required. Past designation as a Senior Electronic Warfare Evaluator (SEVAL) or Electronic Warfare Combat Coordinator (EWCC) is required. P-3/EP-3 Pilot (CAT 53-2011 Pilot and navigate the flight of fixed-wing, multi-engine aircraft during A/B): testing. Typically performs all functional duties independently. A minimum
N0042117R0055
Page 41 of 118
of 1,000 hours in multi-engine fixed wing military aircraft is required. Past (required) or current (desired) designations as a Patrol Plane Commander (aircraft commander) and mission commander are required. Two years RDT&E flight experience desired. A Secret Clearance is required with a Top Secret with the ability to obtain SCI access desired. P-3/EP-3 Pilot (CAT 53-2011 Pilot and navigate the flight of fixed-wing, multi-engine aircraft during C/D): testing. Typically performs all functional duties independently. A minimum of 1,500 hours in multi-engine fixed wing military aircraft. Past (required) or current (desired) designations as a Patrol Plane Commander (aircraft commander) and mission commander are required. Must be a graduate of one of the following: U.S. Naval Test Pilot School, U.S. Air Force Test Pilot School, Empire Test Pilot School, EPNER Test Pilot School or meet the requirements for a TPS waiver in accordance with NAVAIRINST 3710.1 series. Two years RDT&E flight experience required. A Secret Clearance is required with a Top Secret with the ability to obtain SCI access desired. P-3C/EP-3 Flight 55-3011 Perform pre, in and post flight duties to ensure the successful completion of Engineer: RDT&E and search and rescue missions. Typically performs all functional duties independently. A minimum of 1,000 hours in the P-3 aircraft and past (required) or current (desired) designation as a P-3 Flight Engineer is required. Two years of RDT&E flight test experience desired. Completion of formal training which can be related to the specific area of engineering activity for which the candidate is to be proposed. P-8 Mission Systems 55-3011 Perform pre, in and post flight duties to ensure the successful completion of Operator (CAT A/B/C): RDT&E and search and rescue missions. Typically performs all functional duties independently. A minimum of 1,000 hours in the P-3 aircraft or similar mission aircraft with past (required) or current (desired) qualification as an acoustic or non-acoustic aviation warfare systems operator is required. P-3C AIP equipped aircraft experience is desired. Two years of RDT&E flight test experience desired. A Secret Clearance is required. P-8 Test Pilot (CAT A): 53-2011 Pilot and navigate the flight of fixed-wing, multi-engine aircraft, during testing. Typically performs all functional duties independently. Commercial 737 type aircraft rating with a minimum of 1,000 hours in similar multi- engine military aircraft is required. Two years of RDT&E flight test experience desired. A graduate of one of the military test pilot schools - USNTPS, USAFTPS, Empire, EPNER desired. A Secret Clearance is required with a Top Secret with the ability to obtain SCI access desired. P-8 Test Pilot (CAT 53-2011 Pilot and navigate the flight of fixed-wing, multi-engine aircraft, during B/C/D): testing. Typically performs all functional duties independently. Commercial 737 type aircraft rating with a minimum of 1,000 hours in similar multi- engine military aircraft is required. Two years of RDT&E flight test experience is required. The candidate shall be a graduate of one of the military test pilot schools - USNTPS, USAFTPS, Empire, and EPNER or meet the requirements for a TPS waiver per NAVAIRINST 3710.1 series. A Secret Clearance is required with a Top Secret with the ability to obtain SCI access desired. P-8 Weapon System 53-2011 Pilot and navigate the flight of fixed-wing, multi-engine aircraft, during Operator/Flight Test testing. Typically performs all functional duties independently. A minimum Engineer (NFO, CAT A): of 1,000 flight hours with 300 hours in similar mission aircraft is required. Two years of RDT&E flight test experience required. A graduate of one of the military test pilot schools - USNTPS, USAFTPS, Empire, and EPNER is desired. A Secret Clearance is required. P-8 Weapon System 53-2011 Pilot and navigate the flight of fixed-wing, multi-engine aircraft, during
N0042117R0055
Page 42 of 118
Operator/Flight Test testing. Typically performs all functional duties independently. A minimum Engineer (NFO, CAT of 1,000 flight hours with 300 hours in similar mission aircraft is required. B/C/D): Two years of RDT&E flight test experience required. A graduate of one of the military test pilot schools - USNTPS, USAFTPS, Empire, and EPNER is required. A Secret Clearance is required with a Top Secret with the ability to obtain SCI access desired. Program/Project 13-1111 Applies analytic techniques in the evaluation of program/project objectives. Analyst/Specialist Analyzes requirements, status, budget and schedules. Performs management, technical, or business case analyses. Collects, completes, organizes and interprets data relating to aircraft/weapon/project acquisition and product programs. Tracks program/project status and schedules. Applies government- instituted processes for documentation, change control management and data management. A BA/BS degree with two years of RDT&E experience is required. Completion of formal DOD Service Technical Training which can be related to the specific area of engineering and four additional years of experience may be may substituted for a Bachelors’ degree. A Secret Clearance is required. Rotary Wing Instructor 53-2011 Pilot and navigate the flight of rotary-wing aircraft during testing. This Pilot: Position requires a MA/MS degree and two years of flight instructor experience. Typically works on high-visibility or mission critical aspects of a given program and performs all functional duties independently. The candidate may oversee the efforts of less senior staff and/or be responsible for the efforts of all staff assigned to a specific project. The candidate shall be a graduate of the U.S. Naval Test Pilot School (USNTPS) or the U.S. Air Force Test Pilot School (USAFTPS)/equivalent military test pilot school with four years rotary wing test pilot experience. The candidate shall have recently (within the last five years) been qualified in at least two of the following T/M/S aircraft: H-3, H-46, H-53, H-57, H-58, H-60, H-3, H-1, UH-72, U-1, U-6, T-44. Four additional years of rotary wing test pilot experience and a BA/BS degree may be substituted for a Master’s degree. A Secret Clearance is required. Selected Passenger: 55-3011 Performs aerospace equipment oversight functions of test equipment installed on test aircraft and records results. Responsible for assisting more senior positions and/or performing functional duties under the oversight of more senior positions. Requires a BA/BS degree and two years of similar experience. Completion of formal DOD Service Technical Training which can be related to the specific area of engineering for which the candidate is to perform or four years of experience may be substituted for the BA/BS degree. A Secret Clearance is required. Systems Instructor: 53-2011 Typically works on high-visibility or mission critical aspects of a given program and performs all functional duties independently. Requires ten years of experience and a MA/MS degree. The position may oversee the efforts of less senior staff and/or be responsible for the efforts of all staff assigned to a specific job. The candidate shall be a graduate of the U.S. Naval Test Pilot School (USNTPS), U.S. Air Force Test Pilot School (USAFTPS) or equivalent military test pilot school. The candidate shall possess six years of RDT&E experience and one-year experience as a ground or in-flight instructor. Four additional years of RDT&E experience and a Bachelors’ Degree may be substituted for a Master’s Degree. A Secret Clearance is required. T-6A/B Test Pilot (CAT 53-2011 Pilot and navigate the flight of fixed-wing aircraft during testing. Typically A/B/C/D): performs all functional duties independently. The Candidate shall possess 2000 flight hours and 1,000 first pilot hours in fixed wing aircraft. 500 hours
N0042117R0055
Page 43 of 118
in model desired. Past (required) or current (desired) designations as Aircraft Commander, Functional Check Flight (FCF) pilot and pilot in command for Category C flight test are required. Two years RDT&E flight experience required. Current or previous designations as NATOPS Instructor and Instrument Evaluation pilot are required. Experience conducting acceptance and certification testing of flight simulators is desired. Must be a graduate of one of the following: U.S. Naval Test Pilot School, U.S. Air Force Test Pilot School, Empire Test Pilot School, EPNER Test Pilot School, or meet the requirements for a TPS waiver in accordance with NAVAIRINST 3710.1 series. A Secret Clearance is required. Tilt Rotor Pilot: 53-2011 Pilot and navigate the flight of Tilt-Rotor aircraft during testing. Typically performs all functional duties independently. A minimum of 1,000 hours in rotary wing aircraft with current (desired) or previous (required) designation as a helicopter aircraft commander required. 300 hours of tilt rotor experience is required. Graduate of one of the military test pilot schools - USNTPS, USAFTPS, Empire, EPNER desired. Two years RDT&E experience desired. A Secret clearance is required. UAS Ground Station 53-2011 Perform Ground Station Management and operations duties to ensure the Operator: successful completion of RDT&E missions. Typically performs all functional duties independently. Two years’ experience in UAS operations required. One year RDT&E experience required. A Secret Clearance is required, with a Top Secret with the ability to obtain SCI access desired. UAS GROUP 3 SMALL 53-2011 Pilot and navigate the flight of UAS Group 3 aircraft during RDT&E The INTERNAL/EXTERNAL UAS Group 3 AVO serves as UAS operator, internal/external AVO and (AVO) (CAT A/B): ground launch/recovery crew as required. Typically performs all functional duties independently. 500 hours of UAS Group 3 relevant flight time is required. Internal flight time is not relevant for an external AVO nor is External flight time relevant to and internal AVO. The candidate may support ground maintenance and testing of UAS assigned. A Secret Clearance is required with a Top Secret with the ability to obtain SCI access desired. UAS Group 4 Air Vehicle 53-2011 Pilot and navigate the flight of UAS Group 4 aircraft during RDT&E. Operator (AVO) (CAT Typically performs all functional duties independently. A minimum of 1,000 A/B): flight hours (manned/unmanned) and 100 hours in the High or Medium Altitude/Long Endurance UAS family of aircraft is required. Past (required) or current (desired) designation as an FAA Commercial Pilot or a UAS Air Vehicle Officer/pilot designation by the U.S. Armed Forces is required. A Secret Clearance is required with a Top Secret with the ability to obtain SCI access desired. UAS GROUP 4 TEST 53-2011 Pilot and navigate the flight of UAS Group 4 aircraft during RDT&E. AIR VEHICLE Typically performs all functional duties independently. A minimum of 1,000 OPERATOR (AVO) flight hours (manned and unmanned) and 100 flight hours in UAS Group 4 (CAT C/D): and three years RDT&E flight experience required. Past (required) or current (desired) designation as Aircraft Commander or Mission Commander is required. Must be a graduate of one of the following: U.S. Naval Test Pilot School, U.S., Air Force Test Pilot School, Empire Test Pilot School, EPNER Test Pilot School or possess a TPS waiver in accordance with NAVAIRINST 3710.1 (series). A Secret Clearance is required with a Top Secret with the ability to obtain SCI access desired. UAS Group 5 Air Vehicle 53-2011 Pilot and navigate the flight of UAS Group 5 aircraft during RDT&E. Operator (AVO) (CAT Typically performs all functional duties independently. A minimum of 1,000 A/B): flight hours (manned/unmanned) with a minimum of 100 hours in the High or Medium Altitude/Long Endurance UAV family of aircraft is required. Current (desired) or Past (required) designation as an FAA Commercial Pilot
N0042117R0055
Page 44 of 118
or a UAV Air Vehicle Officer/pilot designation by the U.S. Armed Forces is required. Graduate of one of the military test pilot schools - USNTPS, USAFTPS, Empire or EPNER is desired. A Secret Clearance is required with a Top Secret with the ability to obtain SCI access desired. UAS Group 5 Ground 53-2011 Provide UAS Group 5 ground launch/ recovery crew for ground operations Maintenance Vehicle only. Typically performs all functional duties independently. The position Operator (GMVO): requires 500 flight hours (manned/ unmanned) with a minimum of 100 hours of UAS Group 5 relevant flight time. A Secret Clearance is required with a Top Secret with the ability to obtain SCI access desired. UAS Group 5 Test Air 53-2011 Pilot and navigate the flight of UAS Group 5 aircraft during RDT&E. Vehicle Operator (AVO) Typically performs all functional duties independently. The position requires (CAT A/B/C/D): 1,000 flight hours (manned/unmanned) with a minimum of 200 hours of UAS Group 5 relevant flight time. Past (required) or current (desired) designation as Aircraft Commander or Mission Commander is required. The Candidate shall be a graduate of one of the following: U.S. Naval Test Pilot School, U.S., Air Force Test Pilot School, Empire Test Pilot School, EPNER Test Pilot School or meet the requirements for a TPS waiver in accordance with NAVAIRINST3710.1 series. Two years of RDT&E flight experience desired. A Secret Clearance is required with a Top Secret with the ability to obtain SCI access desired. UAS Group 5 Test 53-2011 Pilot and navigate the flight of UAS Group 5 aircraft during RDT&E. The Tactical Coordinator TACCO typically performs all functional duties independently. The position (TACCO) (CAT A/B): requires 1,000 flight hours (manned/unmanned) with a minimum of 100 hours of UAS Group 5 experience being required. The candidate shall be a graduate of one of the military test pilot schools - USNTPS, USAFTPS, Empire or EPNER is desired. Two years of RDT&E flight experience desired. A Secret Clearance is required with a Top Secret with the ability to obtain SCI access desired. UAS Group 5 Test 53-2011 Pilot and navigate the flight of UAS Group 5 aircraft during RDT&E. The Tactical Coordinator TACCO typically performs all functional duties independently. The TACCO (TACCO) (CAT position requires 1,000 flight hours (manned/unmanned) with a minimum of A/B/C/D): 200 hours of UAS Group 5. Two years of RDT&E flight test experience is required. The candidate shall be a graduate of one of the military test pilot schools - USNTPS, USAFTPS, Empire, and EPNER required. A Secret Clearance is required with a Top Secret with the ability to obtain SCI access desired. UAS Mission Payload 53-2011 Pilot and navigate the flight of fixed-wing, multi-engine aircraft, during Operator (MPO): testing. The MPO typically performs all functional duties independently. The position requires past (required) or current (desired) designation in an aircrew position such as Sensor Operator (SENSO), In-flight Technician, or Radar Operator with 100 hours of experience as a UAV Systems Operator. Two years of RDT&E experience is desired. A Secret Clearance is required with a Top Secret with the ability to obtain SCI access being desired. VH-3 Test Pilot (CAT 53-2011 Pilot and navigate the flight of rotary-wing aircraft during testing. Typically A/B/C/D): performs all functional duties independently. The position requires a minimum of 2,000 flight hours with 1,000 flight hours as the first pilot in rotary wing aircraft. A minimum of 1,000 hours in model desired. Past (required) or current (desired) designations as Helicopter Aircraft Commander, Functional Check Flight (FCF) pilot and Pilot in Command for Category C flight test is required. The candidate shall be a graduate of the rotary wing flight mechanics curriculum from one of the following: U. S. Naval Test Pilot School, Empire Test Pilot School, EPNER Test Pilot School or meet the requirements for a TPS waiver in accordance with NAVAIRINST
N0042117R0055
Page 45 of 118
3710.1 series. Two years of RDT&E flight experience is required. Current or previous designations as NATOPS Instructor and Instrument Evaluation pilot are desired. Experience conducting acceptance and certification testing of flight simulators is desired. Night Vision Device (NVD)/Night Vision Goggle (NVG) qualification is desired. A Secret Clearance is required while a Top Secret with the ability to obtain SCI access is desired. VH-60 Test Pilot (CAT 53-2011 Pilot and navigate the flight of rotary-wing aircraft during testing. Typically A/B/C/D): performs all functional duties independently. The position requires 2,000 flight hours with 1,000 flight hours as the first pilot in rotary wing aircraft. A minimum of 1,000 hours in model is desired. Past (required) or current (desired) designations as Helicopter Aircraft Commander, Functional Check Flight (FCF) pilot and Pilot in Command for Category C flight test is required. The candidate shall be a graduate of the rotary wing flight mechanics curriculum from one of the following: U. S. Naval Test Pilot School, Empire Test Pilot School, EPNER Test Pilot School or meet the requirements for a TPS waiver in accordance with NAVAIRINST 3710.1 series. Two years RDT&E flight experience required. Previous designation as a VH-60N/Cockpit Upgrade Program (CUP) Helicopter Aircraft Commander is desired. Previous designations as NATOPS Instructor and Instrument Evaluation pilot is desired. Experience conducting acceptance and certification testing of flight simulators is desired. Night Vision Device (NVD)/Night Vision Goggle (NVG) qualification is desired. Secret Clearance required. A Secret Clearance is required while a Top Secret with the ability to obtain SCI access is desired. VH-92 Test Pilot (CAT 53-2011 Pilot and navigate the flight of rotary-wing aircraft during testing. Typically, A/B/C/D): a Test Pilot performs all functional duties independently. The position requires a minimum of 2,000 flight hours with 1,000 hours as a first pilot in a rotary wing aircraft. Past (required) or current (desired) designations as Helicopter Aircraft Commander, Functional Check Flight (FCF) pilot and Pilot in Command for Category C flight test is required. Two years RDT&E flight experience is required. Previous designations as NATOPS Instructor and Instrument Evaluation pilot are desired. Experience conducting acceptance and certification testing of flight simulators is desired. Night Vision Device (NVD)/Night Vision Goggle (NVG) qualification is desired. The candidate shall be a graduate of the rotary wing flight mechanics curriculum from one of the following: U. S. Naval Test Pilot School, Empire Test Pilot School, EPNER Test Pilot School or meet the requirements for a TPS waiver in accordance with NAVAIRINST 3710.1 series. A Secret Clearance is required while a Top Secret with the ability to obtain SCI access is desired.
CLAUSES INCORPORATED BY FULL TEXT
N0042117R0055
Page 46 of 118
C-TXT-ECMRA REQUIRED ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA) INFORMATION (NOV 2017) The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Aircrew Services via a secure data collection site. Contracted services, excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are: (1) W, Lease/Rental of Equipment; (2) X, Lease/Rental of Facilities; (3) Y, Construction of Structures and Facilities; (4) D, Automatic Data Processing and Telecommunications, IT and Telecom - Telecommunications Transmission (D304) and Internet (D322) ONLY. (5) S, Utilities ONLY; (6) V, Freight and Shipping ONLY. The contractor is required to completely fill in all required data fields using the following web address "https://www.ecmra.mil." 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. Contractors may direct questions to the help desk, linked at "https://www.ecmra.mil."
N0042117R0055
Page 47 of 118
Section D - Packaging and Marking
PACKAGING AND MARKING Items 0001 through 0006: Packaging and Marking are not applicable to these items.
Items 0007 through 0012: The material to be furnished hereunder shall be packaged, packed and marked in accordance with (IAW) the NAVAIR Clauses 5252.247-9508 Prohibited Packing Materials (JUN 1998) and 5252.247-9509 Preservation, Packaging, Packing and Marking (JUL 1998).
Item 0013: The data to be furnished at the Task Order level shall be packaged, packed and marked in accordance with Exhibit A and the clauses herein.
CLAUSES INCORPORATED BY FULL TEXT
5252.247-9507 PACKAGING AND MARKING OF REPORTS (NAVAIR)(OCT 2005) (a) All unclassified data shall be prepared for shipment in accordance with best commercial practice. Classified reports, data and documentation, if any, shall be prepared for shipment in accordance with the National Industry Security Program Operating Manual, DoD 5220.22-M. (b) The contractor shall prominently display on the cover of each report the following information: (1) Name and business address of contractor. (2) Contract Number/Delivery/Task order number. (3) Contract/Delivery/Task order dollar amount. (4) Whether the contract was competitively or non-competitively awarded. (5) Name of sponsoring individual. (6) Name and address of requiring activity.
CLAUSES INCORPORATED BY FULL TEXT
5252.247-9508 PROHIBITED PACKING MATERIALS (NAVAIR)(JUN 1998) The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use.
CLAUSES INCORPORATED BY FULL TEXT
5252.247-9509 PRESERVATION, PACKAGING, PACKING AND MARKING (NAVAIR)(JUL 1998)
N0042117R0055
Page 48 of 118
(a) Preservation, packaging and packing shall conform to prevailing industry standards for the type of commodity purchased under this contract. (b) All packages will be clearly marked with applicable contract number/delivery order number, and will contain appropriate packing slip. All deliveries will be marked for and/or consigned as follows: Not Applicable. (c) In the event of any discrepancy in material shipped (overage, technical rejection, damage), the contractor shall, immediately upon request of the Contracting Officer, furnish disposition instructions. Normally, such disposition instruction shall be 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) If the contractor is required to install equipment upon delivery, then the contractor shall inform the Government of the date of shipment from the contractor's facilities and the anticipated date of arrival at the site. This report shall be made no later than the actual date that the shipment is made from the contractor’s facilities. The report may be made by facsimile or e-mail, to the point of contact listed in Section G. All transportation, rigging, drayage, packing, unpacking, and handling necessary to accomplish the installation shall be the responsibility of the contractor.
CLAUSES INCORPORATED BY FULL TEXT
5252.247-9514 TECHNICAL DATA PACKING INSTRUCTIONS (NAVAIR)(SEP 1999) Technical Data and Information shall be packed and packaged for domestic shipment in accordance with best commercial practices. The package or envelope should be clearly marked with any special markings specified in this contract (or delivery/task order), e.g., Contract Number, CLIN, Device No., and document title must be on the outside of the package. Classified reports, data and documentation, if applicable, shall be prepared for shipment in accordance with Defense Industrial Manual for Safeguarding Classified Information, DoD 5220.22M.
N0042117R0055
Page 49 of 118
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE Items 0001 through 0006: The services to be furnished shall be inspected and accepted in accordance with NAVAIR clause 5252.246-9512 Inspection and Acceptance (NAVAIR)(OCT 2005) and the Contractor Surveillence Plan (CSP).
Items 0007 through 0012: The travel and material to be furnished shall be inspected and accepted in accordance with NAVAIR clause 5252.246-9512 Inspection and Acceptance (NAVAIR)(OCT 2005).
Item 0013: The data to be furnished hereunder shall be inspected and accepted in accordance with NAVAIR clause 5252.246- 9514 Inspection and Acceptance of Technical Data and Information (NAVAIR)(FEB 1995) and Exhibit A, Contract Data Requirements List.
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 0002 N/A N/A N/A N/A 0003 N/A N/A N/A N/A 0004 N/A N/A N/A N/A 0005 N/A N/A N/A N/A 0006 N/A N/A N/A N/A 0007 Destination Government Destination Government 0008 N/A N/A N/A N/A 0009 N/A N/A N/A N/A 0010 N/A N/A N/A N/A 0011 N/A N/A N/A N/A 0012 N/A N/A N/A N/A 0013 N/A N/A N/A N/A
CLAUSES INCORPORATED BY REFERENCE
52.246-3 Inspection Of Supplies Cost-Reimbursement MAY 2001 52.246-5 Inspection Of Services Cost-Reimbursement APR 1984 52.246-8 Inspection Of Research And Development Cost MAY 2001 Reimbursement 252.246-7000 Material Inspection And Receiving Report MAR 2008
N0042117R0055
Page 50 of 118
CLAUSES INCORPORATED BY FULL TEXT
5252.246-9512 INSPECTION AND ACCEPTANCE (NAVAIR)(OCT 2005) (a) Inspection and acceptance of the supplies or services to be furnished hereunder shall be performed by the Contracting Officer’s Representative (COR) designated in clause 5252.201-9501 at the task order level. (b) Acceptance of all Contract Line Items/Sub Line Items (CLINs/SLINs) shall be made by signature of the accepting authority on a DD 250 submitted through the WAWF system. Acceptance will only occur when the accepting authority is sure that inspections performed demonstrate compliance with contract requirements.
5252.246-9514 INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995) 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 an unconditional DD Form 250, Material Inspection and Receiving Report, as appropriate, and/or upon receipt of a second endorsement acceptance by the PCO on the attachment to this contract entitled Second Endorsement by PCO. The attached form will not be used for high cost data such as drawings, specifications, and technical manuals.
CLAUSES INCORPORATED BY FULL TEXT
5252.246-9517 CONSTRUCTIVE ACCEPTANCE PERIOD (NAVAIR) (MAR 1999) For the purpose of FAR Clause 52.232-25, "Prompt Payment", paragraph (a)(5)(i), Government acceptance shall be deemed to have occurred constructively on the 14th day after the contractor delivered the supplies or performed the services.
N0042117R0055
Page 51 of 118
Section F - Deliveries or Performance
ORDERING PERIOD Contract Line Items: 0001 and 0007– The period of performance (POP) identified below comprises the estimated ordering period for this IDIQ contract. The POP applicable to each task order shall be identified in the individual task orders. The Contractor shall not be required to make any deliveries under this contract (12) months after the ordering period. Contract Line Item 0013 – The technical data shall be delivered in accordance with the applicable Contract Data Requirements List (CDRL), DD Form 1423 Exhibits A, A001-A005.
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC / CAGE
0001 POP 01-OCT-2019 TO N/A N/A 30-SEP-2024 FOB: Destination
0002 N/A N/A N/A N/A
0003 N/A N/A N/A N/A
0004 N/A N/A N/A N/A
0005 N/A N/A N/A N/A
0006 N/A N/A N/A N/A
0007 POP 01-OCT-2019 TO N/A N/A 30-SEP-2024 FOB: Destination
0008 N/A N/A N/A N/A
0009 N/A N/A N/A N/A
0010 N/A N/A N/A N/A
0011 N/A N/A N/A N/A
0012 N/A N/A N/A N/A
0013 N/A N/A N/A N/A
CLAUSES INCORPORATED BY REFERENCE
N0042117R0055
Page 52 of 118
52.242-15 Stop-Work Order AUG 1989 52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984 52.247-34 F.O.B. Destination NOV 1991 252.247-7023 Transportation of Supplies by Sea APR 2014
CLAUSES INCORPORATED BY FULL TEXT
5252.211-9507 PERIOD OF PERFORMANCE (NAVAIR)(SEP 2013) (a) The contract shall commence on date of contract award and shall continue for an ordering period of five (5) years. However, the period of performance may be extended in accordance with the option provisions contained herein. (b) If DFAR Clause 252.216-7006, "Ordering", is incorporated into this contract, then the period in which the Government can issue orders under the contract will be extended at the exercise of an option, and extended to the end of that option period.
CLAUSES INCORPORATED BY FULL TEXT
5252.216-9506 MINIMUM AND MAXIMUM QUANTITIES (NAVAIR)(MAR 1999) As referred to in paragraph (b) of FAR 52.216-22 " Indefinite Quantity" of this contract, the contract minimum quantity is $50,000; the maximum quantity is the ceiling value of the contract.
CLAUSES INCORPORATED BY FULL TEXT
5252.247-9505 TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995) Technical Data and Information shall be delivered in accordance with the requirements of the Contract Data Requirements List, DD Form 1423, Exhibit A, 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, who are listed in Block 6 of the DD Form 1423. (1) PCO, Code N/A – Delivery of CDRLs to PCO is not required. (2) ACO, Code N/A – Delivery of CDRLs to ACO is not required. (3) COR, TBD at Time of Award. (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.
N0042117R0055
Page 53 of 118
(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: Electronic Delivery Authorized.
N0042117R0055
Page 54 of 118
Section G - Contract Administration Data
CLAUSES INCORPORATED BY REFERENCE
252.201-7000 Contracting Officer's Representative DEC 1991 252.204-7002 Payment For Subline Items Not Separately Priced DEC 1991 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving JUN 2012 Reports 252.232-7010 Levies on Contract Payments DEC 2006
CLAUSES INCORPORATED BY FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) (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. (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by 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.acquisition.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 must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: (1) Document type. The Contractor shall use the following document type(s). ______TBD at time of award______(Contracting Officer: Insert applicable document type(s). Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.) (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. ______Not Applicable______(Contracting Officer: Insert inspection and acceptance locations or "Not applicable.") (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*
N0042117R0055
Page 55 of 118
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC: __To Be Completed at Time of Award Issue By DoDAAC: __To Be Completed at Time of Award Admin DoDAAC: __To Be Completed at Time of Award Inspect By DoDAAC: __To Be Completed at Time of Award Ship To Code: __To Be Completed at Time of Award Ship From Code: __To Be Completed at Time of Award Mark For Code: __To Be Completed at Time of Award Service Approver (DoDAAC): __To Be Completed at Time of Award Service Acceptor (DoDAAC): __To Be Completed at Time of Award Accept at Other DoDAAC: __To Be Completed at Time of Award LPO DoDAAC: __To Be Completed at Time of Award DCAA Auditor DoDAAC: __To Be Completed at Time of Award Other DoDAAC(s): __To Be Completed at Time of Award (*Contracting Officer: Insert applicable DoDAAC information or "See schedule" if multiple ship to/acceptance locations apply, or "Not applicable.") (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. (5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system. ______Not Applicable______(Contracting Officer: Insert applicable email addresses or "Not applicable.") (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. For Navy WAWF questions call DFAS Customer Care 1- 800-756-4571 option 1 (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
** TO BE COMPLETED AT TIME OF AWARD**
5252.201-9501 DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (COR) (NAVAIR)(SEP 2012) (a) The Contracting Officer has designated [TBD at time of award] as the authorized Contracting Officer's Representative (COR) to perform the following functions, duties, and/or responsibilities: TO BE SPECIFIED AT TIME OF AWARD
(b) The effective period of the COR designation is the period of performance of this contract.
CLAUSES INCORPORATED BY FULL TEXT
5252.204-9503 EXPEDITING CONTRACT CLOSEOUT (NAVAIR) (JAN 2007) (a) As part of the negotiated fixed price or total estimated amount of this contract, both the Government and the Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar
N0042117R0055
Page 56 of 118 amount of $1,000 or less at the time of final contract closeout. The term "residual dollar amount" shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party might be considered to the extent permitted by law. (b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered.
CLAUSES INCORPORATED BY FULL TEXT
5252.232-9510 PAYMENT OF FIXED FEE (NAVAIR) (OCT 2005) (a) The fixed fee, as specified in Section B of this contract, subject to any adjustment required by other provisions of this contract, will be paid in installments. The fixed fee will be paid not more frequently than bi-weekly based on the allowable cost. The amount of each such installment shall be in the same ratio to the total fixed fee as the dollars per hour (based on the fixed fee divided by the level of effort in hours). Payment shall be made in accordance with FAR Clauses 52.216-7, "Allowable Cost and Payment," and 52.216-8, "Fixed Fee." (b) In the event of termination of the work in accordance with the FAR Clause 52.232-22, "Limitation of Funds," the fixed fee shall be redetermined by mutual agreement equitably to reflect the reduction of the work performed. The amount by which such fixed fee is less than or exceeds payments previously made on account of fee, shall be paid to (or repaid by) the contractor. (c) The balance of the fixed fee shall be payable in accordance with other clauses of this contract. (d) For indefinite delivery type contracts the terms of this clause apply to each delivery/task order there under.
5252.232-9524 ALLOTMENT OF FUNDS (NAVAIR)(OCT 2005) (a) This contract is incrementally funded with respect to both cost and fee. (b) The amounts presently available and allotted to this contract for payment of fee, as provided in the Section I clause of this contract entitled “FIXED FEE”, are as follows: ITEM(S) ALLOTTED TO FIXED FEE TBD AT TASK ORDER LEVEL (c) The amounts presently available and allotted to this contract for payment of cost, subject to the Section I “LIMITATION OF FUNDS” clause, the items covered thereby and the period of performance which it is estimated the allotted amount will cover are as follows: PERIOD OF ITEM(S) ALLOTTED TO COST PERFORMANCE TBD AT TASK ORDER LEVEL (d) The parties contemplate that the Government will allot additional amounts to this contract from time to time by unilateral contract modification, and any such modification shall state separately the amounts allotted for cost and for fee, the items covered thereby, and the period of performance the amounts are expected to cover.
*To be completed in each task order.
5252.242-9511 CONTRACT ADMINISTRATION DATA (NAVAIR)(SEP 2012)
N0042117R0055
Page 57 of 118
(a) Contract Administration Office. (1) Contract administration functions (see FAR 42.302(a) and DFARS 242.302(a)) are assigned to: See the ADMINISTERED BY Block on the face page of the contract, modification, or order. (b) Special Instructions (see FAR 42.202(b) and (c)): (1) The following contract administration functions are retained (see FAR 42.302(a) and DFARS 242.302(a)):
Functions Retained (FAR 42.302(a)… Retained for Performance By: 3. Conduct Post-award orientation conferences PCO, COR 4. Review and evaluate contractor’s proposals… PCO, COR 16. Ensure timely notification by the contractor of COR estimated cost overruns… 27. Perform property administration COR 30. (i) through (iv)—Property management duties COR 31. Perform production support, surveillance, and COR status reporting, including timely reporting of potential and actual slippages in contract delivery schedules 38. Ensure contractor compliance with contractual COR quality assurance requirements 39. Ensure contractor compliance with contractual COR safety requirements 40. Perform engineering surveillance to assess COR compliance with contractual terms for schedule, cost, and technical performance in the areas of design, development, and production. 41. Evaluate for adequacy and perform surveillance COR of contractor engineering efforts and management systems that relate to design, development, etc. 43. Report to the contract office any inadequacies COR noted in specifications. 47. Assist in evaluating/recommending acceptance PCO, COR, using activity of waiver/deviation requests 51. Consent to placement of subcontracts PCO, COR 56. Maintain surveillance of flight operations COR 57. Assign and perform supporting contract PCO administration 58. Ensure timely submission of required reports COR 59. Issue administrative changes, error corrections, PCO etc 67. Support the program office for reviews, status, COR problem resolution 70. De-obligate excess funds after final price PCO/COR determination
(2) The following additional contract administration functions are assigned (see FAR 42.302(b)): Additional Functions Retained for Performance By: 4. Negotiate or negotiate and execute supplemental ACO agreements providing for the deobligating of unexpended dollar balances… 6. Negotiate changes to interim billing prices ACO
N0042117R0055
Page 58 of 118
(c) Inquiries regarding payment should be referred to: MyInvoice at through the Wide Area Workflow eBusiness Suite: https://wawf.eb.mil.
G-TXT-PAY PAYMENT INSTRUCTIONS (APR 2018) For Government Use Only Type of Payment Office Contract/Order Payment Payment Clause Request Supply Service Construction Allocation Method 52.212-4 (Alt I), Cost Voucher X X N/A Line item specific proration. If Contract Terms and there is more than one ACRN Conditions— within a deliverable line or Commercial Items deliverable subline item, the funds will be allocated in the 52.216-7, Allowable same proportion as the amount Cost and Payment of funding currently unliquidated for each ACRN on the deliverable line or 52.232-7, Payments under Time-and- deliverable subline item for Materials and Labor- which payment is requested. Hour Contracts 52.232-1, Payments Navy X N/A N/A Line Item specific by fiscal Shipbuilding year. If there is more than one Invoice (Fixed ACRN within a deliverable line Price) or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year. 52.232-1, Payments; Invoice X X N/A Line Item Specific proration. If there is more than one ACRN 52.232-2, Payments within a deliverable line or under Fixed-Price deliverable subline item, the Research and funds will be allocated in the Development same proportion as the amount Contracts; of funding currently unliquidated for each ACRN on the deliverable line or 52.232-3, Payments under Personal deliverable subline item for Services Contracts; which payment is requested.
52.232-4, Payments under Transportation Contracts and
N0042117R0055
Page 59 of 118
Transportation-Related Services Contracts; and
52.232-6, Payments under Communication Service Contracts with Common Carriers 52.232-5, Payments Construction N/A N/A X Line Item specific by fiscal Under Fixed-Price Payment year. If there is more than one Construction Contracts Invoice ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year. 52.232-16, Progress Progress X X N/A Contract-wide proration. Funds Payments Payment* shall be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN. Progress Payments are considered contract level financing, and the “contract price” shall reflect the fixed price portion of the contract per FAR 32.501-3. 52.232-29, Terms for Commercial X X N/A Specified in approved payment. Financing of Purchases Item The contracting officer shall of Commercial Items; Financing* specify the amount to be paid and the account(s) to be charged 52.232-30, Installment for each payment approval in Payments for accordance with FAR Commercial Items 32.207(b)(2) and 32.1007(b)(2). 52.232-32, Performance- X X N/A Specified in approved payment. Performance-Based Based The contracting officer shall Payments Payments* specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2). 252.232-7002, Progress X X N/A Allocate costs among line items Progress Payments for Payment* and countries in a manner Foreign Military Sales acceptable to the Administrative Acquisitions Contracting Officer. *Liquidation of Financing Payments. Liquidation will be applied by the payment office against those ACRNs which are identified by the payment instructions for the delivery payment and in keeping with the liquidation provision of the applicable contract financing clause (i.e., progress payment, performance-based payment, or commercial item financing).
N0042117R0055
Page 60 of 118
N0042117R0055
Page 61 of 118
Section H - Special Contract Requirements
H-1 H-1 GOVERNMENT-DIRECTED GROUP DRUG TESTING (AUG 2012)
(a) Definitions.
(1) “Employee in a sensitive position,” as used in this clause, means an employee who has been granted access to classified information; or employees in other positions that the Contractor determines involve national security, health or safety, or functions other than the foregoing requiring a high degree of trust and confidence.
(2) “Illegal drugs,” as used in this clause, means controlled substances included in Schedules I and II, as defined by section 802(6) of Title 21 of the United States Code, the possession of which is unlawful under Chapter 13 of that Title. The term “illegal drugs” does not mean the use of a controlled substance pursuant to a valid prescription or other uses authorized by law.
(b) The Contractor shall conduct unannounced group drug testing by squadron of all employees, in both sensitive and non-sensitive positions, when directed by the Government. Sample collection shall be conducted in Government-provided facilities at no cost to the Contractor.
(c) For the purpose of administering this clause, when directed by the Government, testing for illegal drugs shall be conducted in accordance with the Contractor plan mandated in Defense Federal Acquisition Regulation Supplement (DFARS) Clause 252.223-7004, “DRUG-FREE WORK FORCE (SEP 1988).
H-2 H-2 ISSUANCE OF ORDERS USING STREAMLINED PROCEDURES
5252.216-9534 TASK ORDERS PROCEDURES ALT I (Proposed) (NAVAIR) (AUG 2018) (a) The following activity (ies) or individual(s) is/are designated as Ordering Officer(s): [2.5.1.12] The above activity (ies) or individual(s) is/are responsible for issuing and administering any orders placed hereunder. Ordering Officers may negotiate revisions/modifications to orders, but only within the scope of this contract. Ordering Officers have no authority to modify any provision of this basic contract. Any deviation from the terms of the basic contract must be submitted to the Procuring Contracting Officer (PCO) for contractual action. Ordering Officers may enter into mutual no cost cancellations of orders under this contract and may reduce the scope of orders/tasks, but a Termination for Convenience or Termination for Default may only be issued by the PCO. (b) Task orders. All orders issued hereunder are subject to the terms and conditions of this contract. The contract shall control in the event of conflict with any order. When mailed, an order shall be “issued” for purposes of this contract at the time the Government deposits the order in the mail, or, if transmitted by other means, when physically delivered to the contractor. (c) A task order shall be issued for each order. In addition to any other data that may be called for in the contract, the following information shall be specified in each order, as applicable: (1) Date of order. (2) Contract and task order number. (3) Applicable contract line item number (CLIN). (4) Description of the task to be performed. (5) Description of the end item or service. (6) DD Form 254 (Contract Security Classification). (7) DD Form 1423 (Contract Data Requirements List). (8) Exact place of performance. (9) The inspecting and accepting codes. (10) Estimated cost and fee and level of effort by labor category (and billing rate if known).
N0042117R0055
Page 62 of 118
(11) List of Government furnished property and the estimated value of the property. (12) Invoice and payment provisions to the extent not covered by the contract. (13) Accounting and appropriation data. (14) Period of performance. (15) Organizational Conflict of Interest provisions. (16) Type of order (e.g., completion, term, FFP) (d) Streamlined Ordering Procedures. Unless the procedures in paragraphs (e) or (g) are utilized, orders will be issued under this contract using the following streamlined procedures: (1) For each proposed order, the contracting officer will provide the contractor with a Statement of Work (SOW)/Performance Work Statement (PWS) and an Independent Government Cost Estimate (IGCE) which the contracting officer previously determines to represent a fair and reasonable price. (2) Within five (5) working days of receipt of the SOW/PWS and IGCE, the contractor will respond, in writing, whether it can perform the SOW/PWS within the parameters of the IGCE (i.e the estimated cost plus fixed fee). (i) If the contractor responds that it can perform the SOW/PWS within the parameters of the IGCE, the requirement remains valid and, a priced order will be issued to the contractor. (ii) If the contractor does not agree with the SOW/PWS and/or IGCE, a proposal will be submitted to the contracting officer within eight (8) working days of receipt of the SOW/PWS and IGCE, addressing only the specific areas of differences. Once the differences are resolved between the contracting officer and the contractor, and the contracting officer determines that the new price is fair and reasonable, a priced order will be issued to the contractor. (3) If the contractor fails to respond to the proposed order within five (5) working days of receipt of the SOW/PWS, the procedures of paragraph (e) will be automatically implemented. The Contracting Officer may unilaterally extend the deadlines above when in the best interest of the Government. (e) Negotiated Agreement. For task orders with an estimated value of greater than $[insert dollar threshold], the information contained in each task order with respect to labor categories, man-hours and delivery date shall be the result of a negotiated agreement reached by the parties in advance of issuance of the order. (1) The Ordering Officer shall furnish the contractor with a written preliminary task order and request for proposal. The request shall include: (i) a description of the specified work required, (ii) the desired delivery schedule, (iii) the place and manner of inspection and acceptance, and (2) The contractor shall, within the time specified by the preliminary task order, provide the Ordering Officer with a proposal to perform, which shall include: (i) the required number of labor hours by labor classification and scheduled billing rates, for each end product or task, (ii) overtime hours by labor category, (iii) proposed completion or delivery dates, (iv) other direct costs (i.e., direct material, travel subsistence, and similar costs) (v) dollar amount and type of any proposed subcontracts, and (vi) total estimated cost/price. The cost factors utilized in determining the estimated cost/price under any order shall be the rates applicable at time the order is issued. (3) Upon receipt of the proposal, the Ordering Officer shall review the estimates therein to ensure acceptability to the Government, enter into such discussions with the contractor as may be necessary to correct and revise any discrepancies in the proposal, and effect whatever internal review procedures are required. Should the Ordering Officer and contractor be unable to reach agreement as to the terms of the order prior to its issuance, the conflict shall be referred to the Contracting Officer. (4) For task orders under the dollar amount indicated in paragraph (d), the procedures for reaching agreement are as follows: (i) The Ordering Officer shall issue a fully funded, unilaterally executed task order representing a firm order for the total requirement. (ii) In the event the contractor cannot perform in accordance with the terms and conditions and within the estimated cost of the task order, he shall: (A) notify the Ordering Officer immediately,
N0042117R0055
Page 63 of 118
(B) submit a proposal for the work requested in the task order, (C) not commence performance until such time that differences between the task order and the contractor’s proposal are resolved and a modification, if necessary, is issued. (f) Total Estimated Dollar Amount. The total estimated dollar amount of each order constitutes a ceiling price for that order. The requirements for notification set forth in Federal Acquisition Regulation [insert “paragraphs (b) and (c) of FAR Clause 52.232-20, Limitation of Cost” or “paragraph (c) of FAR Clause 52.232-22, “Limitation of Funds”] are applicable to individual task orders. The ceiling amount for each order may not be exceeded unless authorized by a modification to the order. All revisions providing additional funds to a task order will include fee in the same manner as established in the basic task order. (g) Oral Orders. Oral orders may be placed hereunder only in emergency circumstances. Information described above shall be furnished to the contractor at the time of placing an oral order and shall be confirmed by issuance of a written task order within five (5) days working days of the oral order. (h) Modifications. Modifications to orders shall be issued using a Standard Form 30 and shall include the information set forth in paragraph (c) above, as applicable. Orders may be modified orally by the Ordering Officer in emergency circumstances. (Oral modifications shall be confirmed by issuance of a written modification on Standard Form 30 within fifteen (15) days working days from the time of the oral communication amending the order.)
CLAUSES INCORPORATED BY FULL TEXT
252.228-7001 GROUND AND FLIGHT RISK (JUN 2010) (a) Definitions. As used in this clause-- (1) “Aircraft”, unless otherwise provided in the contract Schedule, means-- (i) Aircraft to be delivered to the Government under this contract (either before or after Government acceptance), including complete aircraft and aircraft in the process of being manufactured, disassembled, or reassembled; provided that an engine, portion of a wing, or a wing is attached to a fuselage of the aircraft; (ii) Aircraft, whether in a state of disassembly or reassembly, furnished by the Government to the Contractor under this contract, including all Government property installed, in the process of installation, or temporarily removed; provided that the aircraft and property are not covered by a separate bailment agreement; (iii) Aircraft furnished by the Contractor under this contract (either before or after Government acceptance); or (iv) Conventional winged aircraft, as well as helicopters, vertical take-off or landing aircraft, lighter-than-air airships, unmanned aerial vehicles, or other nonconventional aircraft specified in this contract. (2) “Contractor's managerial personnel” means the Contractor's directors, officers, and any of the Contractor's managers, superintendents, or other equivalent representatives who have supervision or direction of-- (i) All or substantially all of the Contractor's business; (ii) All or substantially all of the Contractor's operation at any one plant or separate location; or (iii) A separate and complete major industrial operation. (3) “Contractor's premises” means those premises, including subcontractors' premises, designated in the Schedule or in writing by the Contracting Officer, and any other place the aircraft is moved for safeguarding. (4) “Flight” means any flight demonstration, flight test, taxi test, or other flight made in the performance of this contract, or for the purpose of safeguarding the aircraft, or previously approved in writing by the Contracting Officer. (i) For land-based aircraft, “flight” begins with the taxi roll from a flight line on the Contractor's premises and continues until the aircraft has completed the taxi roll in returning to a flight line on the Contractor's premises. (ii) For seaplanes, “flight” begins with the launching from a ramp on the Contractor's premises and continues until the aircraft has completed its landing run and is beached at a ramp on the Contractor's premises. (iii) For helicopters, “flight” begins upon engagement of the rotors for the purpose of take-off from the Contractor's premises and continues until the aircraft has returned to the ground on the Contractor's premises and the rotors are disengaged.
N0042117R0055
Page 64 of 118
(iv) For vertical take-off or landing aircraft, “flight” begins upon disengagement from any launching platform or device on the Contractor's premises and continues until the aircraft has been engaged to any launching platform or device on the Contractor's premises. (v) All aircraft off the Contractor's premises shall be considered to be in flight when on the ground or water for reasonable periods of time following emergency landings, landings made in performance of this contract, or landings approved in writing by the Contracting Officer. (5) “Flight crew member” means the pilot, the co-pilot, and, unless otherwise provided in the Schedule, the flight engineer, navigator, and bombardier-navigator when assigned to their respective crew positions for the purpose of conducting any flight on behalf of the Contractor. It also includes any pilot or operator of an unmanned aerial vehicle. If required, a defense systems operator may also be assigned as a flight crew member. (6) “In the open” means located wholly outside of buildings on the Contractor's premises or other places described in the Schedule as being “in the open”. Government-furnished aircraft shall be considered to be located “in the open” at all times while in the Contractor's possession, care, custody, or control. (7) “Operation” means operations and tests of the aircraft and its installed equipment, accessories, and power plants, while the aircraft is in the open or in motion. The term does not apply to aircraft on any production line or in flight. (b) Combined regulation/instruction. The Contractor shall be bound by the operating procedures contained in the combined regulation/instruction entitled “Contractor's Flight and Ground Operations” (Air Force Instruction 10-220, Army Regulation 95-20, NAVAIR Instruction 3710.1 (Series), Coast Guard Instruction M13020.3, and Defense Contract Management Agency Instruction 8210.1) in effect on the date of contract award. (c) Government as self-insurer. Subject to the conditions in paragraph (d) of this clause, the Government self- insures and assumes the risk of damage to, or loss or destruction of aircraft “in the open”, during “operation”, and in “flight”, except as may be specifically provided in the Schedule as an exception to this clause. The Contractor shall not be liable to the Government for such damage, loss, or destruction beyond the Contractor's share of loss amount under the Government's self-insurance. (d) Conditions for Government's self-insurance. The Government's assumption of risk for aircraft in the open shall continue unless the Contracting Officer finds that the Contractor has failed to comply with paragraph (b) of this clause, or that the aircraft is in the open under unreasonable conditions, and the Contractor fails to take prompt corrective action. (1) The Contracting Officer, when finding that the Contractor has failed to comply with paragraph (b) of this clause or that the aircraft is in the open under unreasonable conditions, shall notify the Contractor in writing and shall require the Contractor to make corrections within a reasonable time. (2) Upon receipt of the notice, the Contractor shall promptly correct the cited conditions, regardless of whether there is agreement that the conditions are unreasonable. (i) If the Contracting Officer later determines that the cited conditions were not unreasonable, an equitable adjustment shall be made in the contract price for any additional costs incurred in correcting the conditions. (ii) Any dispute as to the unreasonableness of the conditions or the equitable adjustment shall be considered a dispute under the Disputes clause of this contract. (3) If the Contracting Officer finds that the Contractor failed to act promptly to correct the cited conditions or failed to correct the conditions within a reasonable time, the Contracting Officer may terminate the Government's assumption of risk for any aircraft in the open under the cited conditions. The termination will be effective at 12:01 a.m. on the fifteenth day following the day the written notice is received by the Contractor. (i) If the Contracting Officer later determines that the Contractor acted promptly to correct the cited conditions or that the time taken by the Contractor was not unreasonable, an equitable adjustment shall be made in the contract price for any additional costs incurred as a result of termination of the Government's assumption of risk. (ii) Any dispute as to the timeliness of the Contractor's action or the equitable adjustment shall be considered a dispute under the Disputes clause of this contract. (4) If the Government terminates its assumption of risk pursuant to the terms of this clause-- (i) The Contractor shall thereafter assume the entire risk for damage, loss, or destruction of the affected aircraft; (ii) Any costs incurred by the Contractor (including the costs of the Contractor's self-insurance, insurance premiums paid to insure the Contractor's assumption of risk, deductibles associated with such purchased insurance, etc.) to mitigate its assumption of risk are unallowable costs; and (iii) The liability provisions of the Government Property clause of this contract are not applicable to the affected aircraft.
N0042117R0055
Page 65 of 118
(5) The Contractor shall promptly notify the Contracting Officer when unreasonable conditions have been corrected. (i) If, upon receipt of the Contractor's notice of the correction of the unreasonable conditions, the Government elects to again assume the risk of loss and relieve the Contractor of its liability for damage, loss, or destruction of the aircraft, the Contracting Officer will notify the Contractor of the Contracting Officer's decision to resume the Government's risk of loss. The Contractor shall be entitled to an equitable adjustment in the contract price for any insurance costs extending from the end of the third working day after the Government's receipt of the Contractor's notice of correction until the Contractor is notified that the Government will resume the risk of loss. (ii) If the Government does not again assume the risk of loss and the unreasonable conditions have been corrected, the Contractor shall be entitled to an equitable adjustment for insurance costs, if any, extending after the third working day after the Government's receipt of the Contractor's notice of correction. (6) The Government's termination of its assumption of risk of loss does not relieve the Contractor of its obligation to comply with all other provisions of this clause, including the combined regulation/instruction entitled “Contractor's Flight and Ground Operations”. (e) Exclusions from the Government's assumption of risk. The Government's assumption of risk shall not extend to damage, loss, or destruction of aircraft which-- (1) Results from failure of the Contractor, due to willful misconduct or lack of good faith of any of the Contractor's managerial personnel, to maintain and administer a program for the protection and preservation of aircraft in the open and during operation in accordance with sound industrial practice, including oversight of a subcontractor's program; (2) Is sustained during flight if either the flight or the flight crew members have not been approved in advance of any flight in writing by the Government Flight Representative, who has been authorized in accordance with the combined regulation/instruction entitled “Contractor's Flight and Ground Operations”; (3) Occurs in the course of transportation by rail, or by conveyance on public streets, highways, or waterways, except for Government-furnished property; (4) Is covered by insurance; (5) Consists of wear and tear; deterioration (including rust and corrosion); freezing; or mechanical, structural, or electrical breakdown or failure, unless these are the result of other loss, damage or destruction covered by this clause. (This exclusion does not apply to Government-furnished property if damage consists of reasonable wear and tear or deterioration, or results from inherent vice, e.g., a known condition or design defect in the property); or (6) Is sustained while the aircraft is being worked on and is a direct result of the work unless such damage, loss, or destruction would be covered by insurance which would have been maintained by the Contractor, but for the Government's assumption of risk. (f) Contractor's share of loss and Contractor's deductible under the Government's self-insurance. (1) The Contractor assumes the risk of loss and shall be responsible for the Contractor's share of loss under the Government's self-insurance. That share is the lesser of— (i) The first $100,000 of loss or damage to aircraft in the open, during operation, or in flight resulting from each separate event, except for reasonable wear and tear and to the extent the loss or damage is caused by negligence of Government personnel; or (ii) Twenty percent of the price or estimated cost of this contract. (2) If the Government elects to require that the aircraft be replaced or restored by the Contractor to its condition immediately prior to the damage, the equitable adjustment in the price authorized by paragraph (j) of this clause shall not include the dollar amount of the risk assumed by the Contractor. (3) In the event the Government does not elect repair or replacement, the Contractor agrees to credit the contract price or pay the Government, as directed by the Contracting Officer, the lesser of-- (i) $100,000; (ii) Twenty percent of the price or estimated cost of this contract; or (iii) The amount of the loss. (4) For task order and delivery order contracts, the Contractor's share of the loss shall be the lesser of $100,000 or twenty percent of the combined total price or total estimated cost of those orders issued to date to which the clause applies. (5) The costs incurred by the Contractor for its share of the loss and for insuring against that loss are unallowable costs, including but not limited to-- (i) The Contractor's share of loss under the Government's self-insurance; (ii) The costs of the Contractor's self-insurance;
N0042117R0055
Page 66 of 118
(iii) The deductible for any Contractor-purchased insurance; (iv) Insurance premiums paid for Contractor-purchased insurance; and (v) Costs associated with determining, litigating, and defending against the Contractor's liability. (g) Subcontractor possession or control. The Contractor shall not be relieved from liability for damage, loss, or destruction of aircraft while such aircraft is in the possession or control of its subcontractors, except to the extent that the subcontract, with the written approval of the Contracting Officer, provides for relief from each liability. In the absence of approval, the subcontract shall contain provisions requiring the return of aircraft in as good condition as when received, except for reasonable wear and tear or for the utilization of the property in accordance with the provisions of this contract. (h) Contractor's exclusion of insurance costs. The Contractor warrants that the contract price does not and will not include, except as may be authorized in this clause, any charge or contingency reserve for insurance covering damage, loss, or destruction of aircraft while in the open, during operation, or in flight when the risk has been assumed by the Government, including the Contractor share of loss in this clause, even if the assumption may be terminated for aircraft in the open. (i) Procedures in the event of loss. (1) In the event of damage, loss, or destruction of aircraft in the open, during operation, or in flight, the Contractor shall take all reasonable steps to protect the aircraft from further damage, to separate damaged and undamaged aircraft, and to put all aircraft in the best possible order. Except in cases covered by paragraph (f)(2) of this clause, the Contractor shall furnish to the Contracting Officer a statement of-- (i) The damaged, lost, or destroyed aircraft; (ii) The time and origin of the damage, loss, or destruction; (iii) All known interests in commingled property of which aircraft are a part; and (iv) The insurance, if any, covering the interest in commingled property. (2) The Contracting Officer will make an equitable adjustment for expenditures made by the Contractor in performing the obligations under this paragraph. (j) Loss prior to delivery. (1) If prior to delivery and acceptance by the Government, aircraft is damaged, lost, or destroyed and the Government assumed the risk, the Government shall either-- (i) Require that the aircraft be replaced or restored by the Contractor to the condition immediately prior to the damage, in which event the Contracting Officer will make an equitable adjustment in the contract price and the time for contract performance; or (ii) Terminate this contract with respect to the aircraft. Notwithstanding the provisions in any other termination clause under this contract, in the event of termination, the Contractor shall be paid the contract price for the aircraft (or, if applicable, any work to be performed on the aircraft) less any amount the Contracting Officer determines-- (A) It would have cost the Contractor to complete the aircraft (or any work to be performed on the aircraft) together with anticipated profit on uncompleted work; and (B) Would be the value of the damaged aircraft or any salvage retained by the Contractor. (2) The Contracting Officer shall prescribe the manner of disposition of the damaged, lost, or destroyed aircraft, or any parts of the aircraft. If any additional costs of such disposition are incurred by the Contractor, a further equitable adjustment will be made in the amount due the Contractor. Failure of the parties to agree upon termination costs or an equitable adjustment with respect to any aircraft shall be considered a dispute under the Disputes clause of this contract. (k) Reimbursement from a third party. In the event the Contractor is reimbursed or compensated by a third party for damage, loss, or destruction of aircraft and has also been compensated by the Government, the Contractor shall equitably reimburse the Government. The Contractor shall do nothing to prejudice the Government's right to recover against third parties for damage, loss, or destruction. Upon the request of the Contracting Officer or authorized representative, the Contractor shall at Government expense furnish to the Government all reasonable assistance and cooperation (including the prosecution of suit and the execution of instruments of assignment or subrogation) in obtaining recovery. (l) Government acceptance of liability. To the extent the Government has accepted such liability under other provisions of this contract, the Contractor shall not be reimbursed for liability to third persons for loss or damage to property or for death or bodily injury caused by aircraft during flight unless the flight crew members previously have been approved for this flight in writing by the Government Flight Representative, who has been authorized in accordance with the combined regulation entitled “Contractor's Flight and Ground Operations”.
N0042117R0055
Page 67 of 118
(m) Subcontracts. The Contractor shall incorporate the requirements of this clause, including this paragraph (m), in all subcontracts.
5252.204-9505 SYSTEM AUTHORIZATION ACCESS REQUEST NAVY (SAAR-N) REQUIREMENTS FOR INFORMATION TECHNOLOGY(IT) (NAVAIR)(SEP 2012) (a) Contractor personnel assigned to perform work under this contract may require access to Navy Information Technology (IT) resources (e.g., computers, laptops, personal electronic devices/personal digital assistants (PEDs/PDAs), NMCI, RDT&E networks, websites such as MyNAVAIR, and Navy Web servers requiring Common Access Card (CAC) Public Key Infrastructure (PKI)). Contractor personnel (prime, subcontractor, consultants, and temporary employees) requiring access to Navy IT resources (including those personnel who previously signed SAAR DD Form 2875) shall submit a completed System Authorization Access Request Navy (SAAR-N), OPNAV 5239/14 (Jul 2008) form or latest version thereof, and have initiated the requisite background investigation (or provide proof of a current background investigation) prior to accessing any Navy IT resources. The form and instructions for processing the SAAR-N form are available at: https://navalforms.documentservices.dla.mil/formsDir/_OPNAV_5239_14_7631.pdf. Instruction Note: SAAR-N forms are required to be downloaded and then completed. The "E-MAIL SUBMIT" button on the SAAR-N form is not to be used. (b) SAAR-N forms will be submitted to the Government Sponsor or Technical Point of Contact (TPOC) via the contractor’s Facility Security Officer (FSO). The designated SAAR-N Government Sponsor or TPCO for contractor employees requiring IT access, [TBD] shall be responsible for signing and processing the SAAR-N forms. For those contractors that do not have a FSO, SAAR-N forms shall be submitted directly to the designated SAAR-N Government Sponsor or TPOC. Copies of the approved SAAR-N forms may be obtained through the designated SAAR-N Government Sponsor or TPOC. Requests for access should be routed through the [email protected] mailbox. (c) In order to maintain access to Navy IT resources, the contractor shall ensure completion of initial and annual IA training, monitor expiration of requisite background investigations, and initiate re-investigations as required. If requested, the contractor shall provide to the designated SAAR-N Government Sponsor or TPOC documentation sufficient to prove that it is monitoring/tracking the SAAR-N requirements for its employees who are accessing Navy IT resources. For those contractor personnel not in compliance with the requirements of this clause, access to Navy IT resources will be denied/revoked. (d) The SAAR-N form remains valid throughout contractual performance, inclusive of performance extensions and option exercises where the contract number does not change. Contractor personnel are required to submit a new SAAR-N form only when they begin work on a new or different contract.
5252.209-9510 ORGANIZATIONAL CONFLICTS OF INTEREST (SERVICES) (NAVAIR)(MAR 2007) (a) Purpose. This clause 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 clause. (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 12. The task order 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 clause. The contractor agrees to place in each subcontract affected by these provisions the necessary language contained in this clause.
N0042117R0055
Page 68 of 118
(c) Waiver. Any request for waiver of the provisions of this clause 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 of this clause only, the following definitions are applicable: (1) "System" includes system, major component, subassembly or subsystem, project, or item. (2) "Nondevelopmental 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) as defined in FAR 2.101. (6) "Consultant services" as defined in FAR 31.205-33(a). (7) "Contractor", for the purposes of this clause, 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. [X] (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 three (3) years after the date of completion of the contract. (FAR 9.505-1(a)) [X] (2) To the extent the contractor prepares and furnishes complete specifications covering nondevelopmental 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 three (3) years after the terms of this contract. (FAR 9.505-2(a)(1)) [X] (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 the contractor is the sole source, or a participant in the design or development work, or 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 three (3) years after the terms of this contract. (FAR 9.505-2(b)(1)) [X] (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)
N0042117R0055
Page 69 of 118
[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. The contractor agrees to execute agreements with companies furnishing proprietary data in connection with work performed under this contract, obligating the contractor to protect such data from unauthorized use or disclosure so long as such data remains proprietary, and to furnish copies of such agreement to the Contracting Officer. Contractor further agrees that such proprietary data shall not be used in performing for the Department of Defense additional work in the same field as work performed under this contract if such additional work is procured competitively. (FAR 9.505-4) [X] (6) Preparation of Statements of Work or Specifications. If the contractor under this contract assists substantially in the preparation of a statement of work or specifications, the contractor shall be ineligible to perform or participate in any capacity in any contractual effort (solicited or unsolicited) that is based on such statement of work or specifications. The contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the Contracting Officer, in which case the restrictions in this subparagraph shall not apply. 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 work statement prepared or other services performed or materials delivered under this contract, and is procured on a competitive basis, by the Department of Defense with three (3) years after completion of work under this contract. The provisions of this clause shall not apply to any system, subsystem, or major component for which the contractor is the sole source of supply or which it participated in designing or developing. (FAR 9.505-4(b)) [X] (7) Advisory and Assistance Services (AAS). If the contractor provides AAS services as defined in paragraph (d) of this clause, it shall be ineligible thereafter to participate in any capacity in Government contractual efforts (solicited or unsolicited) which stem directly from such work, and the contractor agrees not to perform similar work for prospective offerors with respect to any such contractual efforts. Furthermore, unless so directed in writing by the Contracting Officer, the contractor shall not perform any such work under this contract on any of its products or services, or the products or services of another firm for which the contractor performs similar work. Nothing in this subparagraph shall preclude the contractor from competing for follow-on contracts for AAS. (f) Remedies. In the event the contractor fails to comply with the provisions of this clause, such noncompliance shall be deemed a material breach of the provisions of this contract. If such noncompliance is the result of conflicting financial interest involving contractor personnel performing work under this contract, the Government may require the contractor to remove such personnel from performance of work under this contract. Further, the Government may elect to exercise its right to terminate for default in the event of such noncompliance. Nothing herein shall prevent the Government from electing any other appropriate remedies afforded by other provisions of this contract, or statute or regulation. (g) Disclosure of Potential Conflicts of Interest. The contractor recognizes that during the term of this contract, conditions may change which may give rise to the appearance of a new conflict of interest. In such an event, the contractor shall disclose to the Government information concerning the new conflict of interest. The contractor shall provide, as a minimum, the following information: (1) A description of the new conflict of interest (e.g., additional weapons systems supplier(s), corporate restructuring, new first-tier subcontractor(s), and new contract) and identity of parties involved; (2) A description of the work to be performed; (3) The dollar amount; (4) The period of performance; and (5) A description of the contractor's internal controls and planned actions, to avoid any potential organizational conflict of interest.
N0042117R0055
Page 70 of 118
The following clause is used in solicitations/contracts where performance or delivery will occur at NAWCWD CHINA LAKE OR POINT MUGU.
5252.211-9502 GOVERNMENT INSTALLATION WORK SCHEDULE (NAVAIR)(DEC 2014) (a) The Holidays applicable to this contract are: New Year's Day, Martin Luther King's Birthday, Presidents' Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, and Christmas Day. (b) In the event that any of the above holidays occur on a Saturday or Sunday, or alternate Friday, then such holiday shall be observed as they are by the assigned Government employees at the using activity. (c) The Naval Air Warfare Center Weapons Division works a 4/5/9 work schedule. Therefore alternate Fridays are not a part of the normal workweek for work performed on-site at a Naval Air Warfare Center Weapons Division site. The majority of the Government offices are closed on alternate Fridays. (d) No deviation in the normal workweek will be permitted without express advance approval by the designated Contracting Officer with coordination of the using departments.
5252.211- 9510 CONTRACTOR EMPLOYEES (NAVAIR)(MAY 2011) (a) In all situations where contractor personnel status is not obvious, all contractor personnel are required to identify themselves to avoid creating an impression to the public, agency officials, or Congress that such contractor personnel are Government officials. This can occur during meeting attendance, through written (letter or email) correspondence or verbal discussions (in person or telephonic), when making presentations, or in other situations where their contractor status is not obvious to third parties. This list is not exhaustive. Therefore, the contractor employee(s) shall: (1) Not by word or deed give the impression or appearance of being a Government employee; (2) Wear appropriate badges visible above the waist that identify them as contractor employees when in Government spaces, at a Government-sponsored event, or an event outside normal work spaces in support of the contract/order; (3) Clearly identify themselves as contractor employees in telephone conversations and in all formal and informal written and electronic correspondence. Identification shall include the name of the company for whom they work; (4) Identify themselves by name, their company name, if they are a subcontractor the name of the prime contractor their company is supporting, as well as the Government office they are supporting when participating in meetings, conferences, and other interactions in which all parties are not in daily contact with the individual contractor employee; and (5) Be able to provide, when asked, the full number of the contract/order under which they are performing, and the name of the Contracting Officer’s Representative. (b) If wearing a badge is a risk to safety and/or security, then an alternative means of identification maybe utilized if endorsed by the Contracting Officer’s Representative and approved by the Contracting Officer. (c) The Contracting Officer will make final determination of compliance with regulations with regard to proper identification of contractor employees.
5252.216-9512 PAPERLESS CONTRACTING (NAVAIR)(JUN 2009) (a) Orders and requests for proposals are hereby authorized to be issued by facsimile or by electronic commerce (including e-mail and paperless methods of delivery). Nothing in this contract should be read to prohibit these types of orders. In the event of a conflict with any other provision of this contract, this clause shall govern.
N0042117R0055
Page 71 of 118
(b) To the extent the terms "written", "mailed", or "physically delivered" appear in other provisions of this contract, these terms are hereby defined to explicitly include electronic commerce, email, or paperless delivery methods.
5252.227-9511 DISCLOSURE, USE AND PROTECTION OF PROPRIETARY INFORMATION (NAVAIR)(FEB 2009) (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 an 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.
5252.228-9500 ADDITIONAL DEFINITIONS WITH RESPECT TO "GROUND AND FLIGHT RISK" CLAUSE (NAVAIR) (DEC 1991) For the purpose of complying with the "Ground and Flight Risk" clause, the contractor's premises shall be deemed to be headquarters, located at BLDG 304, 22541 Millstone Road, Patuxent River, MD. 20670-1614.
5252.228-9501 LIABILITY INSURANCE (NAVAIR) (MAR 1999) The following types of insurance are required in accordance with the clause entitled, FAR 52.228-5, "Insurance-- Work on a Government Installation" 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.
N0042117R0055
Page 72 of 118
5252.232-9509 TRAVEL APPROVAL AND REIMBURSEMENT PROCEDURES (NAVAIR)(OCT 2013) (a) General. Performance under this contract may require travel by Contractor personnel. If travel, domestic or overseas, is required, the Contractor is responsible for making all necessary arrangements for its personnel. These include but are not limited to: medical examinations, immunizations, passports/visas/etc., and security clearances. (b) Travel Approval Process. Prior approval is required for all travel under this contract. Travel shall be reviewed and approved/disapproved as follows: (1) The Contractor shall provide the Contracting Officer's Representative (COR) a written request for authorization to travel at least 30 days in advance of the required travel date, when possible. The request should include: purpose of travel, location, travel dates, number of individuals traveling, and all estimated costs associated with the travel (e.g., lodging, meals, transportation costs, incidental expenses, etc.). (2) The COR will review the travel request and provide, in writing, an approval or disapproval of the travel request to the Contractor [Insert "and the Procuring Contracting Officer." if the COR is reviewing and approving the request.] (c) Travel Policy. (1) Travel arrangements shall be planned in accordance with the Federal Travel regulations, prescribed by the General Services Administration for travel in the conterminous 48 United States, (hereinafter the FTR) and the Joint Travel Regulation, Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense (hereinafter the JTR). (2) The Government will reimburse the Contractor for allowable travel costs incurred by the Contractor in performance of the contract in accordance with FAR Subpart 31.2. (3) For purposes of reimbursement of travel expenses, the Contractor's official station is defined as within 50 miles of the Contractor's regular work site. (If Contractor has more than one regular work site, the official station is defined as within 50 miles of each of its regular work sites.) (4) The Contractors documentation for the reimbursement of travel costs (e.g., receipts) shall be governed as set forth in FAR Subpart 31.2, the FTR, and the JTR. (5) Car Rental for a team on temporary duty (TDY) at one site will be allowed provided that only one car is rented for every four (4) members of the TDY team. In the event that less than four (4) persons comprise the TDY team, car rental will be allowed if necessary to complete the mission required. (6) Whenever work assignments require TDY aboard a Government ship, the Contractor will be reimbursed at the per diem identified in the JTR.
5252.232-9516 ALLOTMENT OF FUNDS - INCREMENTALLY FUNDED COST-REIMBURSEMENT CONTRACT OTHER THAN COST-SHARING CONTRACT (JUL 1985) For the purposes of paragraph (b) of the "Limitation of Funds" clause of this contract- (a) the amount available for payment and allotted to this incrementally funded contract is TBD AT TASK ORDER LEVEL; (b) the items covered by such amount are Item(s) TBD AT TASK ORDER LEVEL; and (c) the period of performance for which it is estimated the allotted amount will cover is TBD AT TASK ORDER LEVEL.
5252.242-9515 RESTRICTION ON THE DIRECT CHARGING OF MATERIAL (NAVAIR) (JUL 1998) (a) The term "material" includes supplies, materials, parts, equipment, hardware and Information Technology (IT) resources including equipment, services and software. This is a service contract and the procurement of material of any kind that are not incidental to and necessary for contract performance may be determined to be unallowable costs pursuant to FAR Part 31. No materials may be acquired under the contract without the prior written authorization of the Contracting Officer’s Representative (COR). IT resources may not be procured under the material line item of this contract unless the approvals required by Department of Defense purchasing procedures
N0042117R0055
Page 73 of 118 have been obtained. Any material provided by the contractor is subject to the requirements of the Federal Acquisition Regulation (FAR), the Defense Federal Acquisition Regulation Supplement (DFARS), and applicable Department of the Navy regulations and instructions. (b) Prior written approval of the COR shall be required for all purchases of materials. If the contractor's proposal submitted for a task order includes a list of materials with associated prices, then the COR's acceptance of the contractor's proposal shall constitute written approval of those purchases. (c) The costs of general purpose business expenses required for the conduct of the contractor's normal business operations will not be considered an allowable direct cost in the performance of this contract. General purpose business expenses include, but are not limited to, the cost for items such as telephones and telephone charges, reproduction machines, word processing equipment, personal computers and other office equipment and office supplies.
N0042117R0055
Page 74 of 118
Section I - Contract Clauses
52.230-2 COST ACCOUNTING STAND COST ACCOUNTING STANDARDS (DEVIATION 2018-O0015) (MAY 2018)
(a) Unless the contract is exempt under 48 CFR 9903.201-1 and 9903.201-2, the provisions of 48 CFR Part 9903 are incorporated herein by reference and the Contractor, in connection with this contract, shall—
(1) (CAS-covered Contracts Only) By submission of a Disclosure Statement, disclose in writing the Contractor’s cost accounting practices as required by 48 CFR 9903.202-1 through 9903.202-5, including methods of distinguishing direct costs from indirect costs and the basis used for allocating indirect costs. The practices disclosed for this contract shall be the same as the practices currently disclosed and applied on all other contracts and subcontracts being performed by the Contractor and which contain a Cost Accounting Standards (CAS) clause. If the Contractor has notified the Contracting Officer that the Disclosure Statement contains trade secrets and commercial or financial information which is privileged and confidential, the Disclosure Statement shall be protected and shall not be released outside of the Government.
(2) Follow consistently the Contractor’s cost accounting practices in accumulating and reporting contract performance cost data concerning this contract. If any change in cost accounting practices is made for the purposes of any contract or subcontract subject to CAS requirements, the change must be applied prospectively to this contract and the Disclosure Statement must be amended accordingly. If the contract price or cost allowance of this contract is affected by such changes, adjustment shall be made in accordance with paragraph (a)(4) or (a)(5) of this clause, as appropriate.
(3) Comply with all CAS, including any modifications and interpretations indicated thereto contained in 48 CFR Part 9904, in effect on the date of award of this contract or, if the Contractor has submitted certified cost or pricing data, on the date of final agreement on price as shown on the Contractor’s signed certificate of current cost or pricing data. The Contractor shall also comply with any CAS (or modifications to CAS) which hereafter become applicable to a contract or subcontract of the Contractor. Such compliance shall be required prospectively from the date of applicability to such contract or subcontract.
(4)(i) (Agree to an equitable adjustment as provided in the Changes clause of this contract if the contract cost is affected by a change which, pursuant to paragraph (a)(3) of this clause, the Contractor is required to make to the Contractor’s established cost accounting practices.
(ii) Negotiate with the Contracting Officer to determine the terms and conditions under which a change may be made to a cost accounting practice, other than a change made under other provisions of paragraph (a)(4) of this clause; provided that no agreement may be made under this provision that will increase costs paid by the United States.
N0042117R0055
Page 75 of 118
(iii) When the parties agree to a change to a cost accounting practice, other than a change under subdivision (a)(4)(i) of this clause, negotiate an equitable adjustment as provided in the Changes clause of this contract.
(5) Agree to an adjustment of the contract price or cost allowance, as appropriate, if the Contractor or a subcontractor fails to comply with an applicable Cost Accounting Standard, or to follow any cost accounting practice consistently and such failure results in any increased costs paid by the United States. Such adjustment shall provide for recovery of the increased costs to the United States, together with interest thereon computed at the annual rate established under section 6621(a)(2) of the Internal Revenue Code of 1986 (26 U.S.C. 6621(a)(2)) for such period, from the time the payment by the United States was made to the time the adjustment is effected. In no case shall the Government recover costs greater than the increased cost to the Government, in the aggregate, on the relevant contracts subject to the price adjustment, unless the Contractor made a change in its cost accounting practices of which it was aware or should have been aware at the time of price negotiations and which it failed to disclose to the Government.
(b) If the parties fail to agree whether the Contractor or a subcontractor has complied with an applicable CAS in 48 CFR 9904 or a CAS rule or regulation in 48 CFR 9903 and as to any cost adjustment demanded by the United States, such failure to agree will constitute a dispute under 41 U.S.C. chapter 71, Contract Disputes.
(c) The Contractor shall permit any authorized representatives of the Government to examine and make copies of any documents, papers, or records relating to compliance with the requirements of this clause.
(d) The Contractor shall include in all negotiated subcontracts which the Contractor enters into, the substance of this clause, except paragraph (b), and shall require such inclusion in all other subcontracts, of any tier, including the obligation to comply with all CAS in effect on the subcontractor’s award date or if the subcontractor has submitted certified cost or pricing data, on the date of final agreement on price as shown on the subcontractor’s signed Certificate of Current Cost or Pricing Data. If the subcontract is awarded to a business unit which pursuant to 48 CFR 9903.201-2 is subject to other types of CAS coverage, the substance of the applicable clause set forth in subsection 30.201-4 of the Federal Acquisition Regulation shall be inserted. This requirement shall apply only to negotiated subcontracts in excess of $2 million, except that the requirement shall not apply to negotiated subcontracts otherwise exempt from the requirement to include a CAS clause as specified in 48 CFR 9903.201-1.
(End of clause)
52.203-16 PREVENTING PERSONAL 52.203-16 Preventing Personal Conflicts of Interest. (DEVIATION 2018-O0018)
Preventing Personal Conflicts of Interest (Dec 2011) (a) Definitions. As used in this clause--
N0042117R0055
Page 76 of 118
“Acquisition function closely associated with inherently governmental functions” means supporting or providing advice or recommendations with regard to the following activities of a Federal agency: (1) Planning acquisitions. (2) Determining what supplies or services are to be acquired by the Government, including developing statements of work. (3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria. (4) Evaluating contract proposals. (5) Awarding Government contracts. (6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services). (7) Terminating contracts. (8) Determining whether contract costs are reasonable, allocable, and allowable. “Covered employee” means an individual who performs an acquisition function closely associated with inherently governmental functions and is— (1) An employee of the contractor; or (2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures. “Non-public information” means any Government or third-party information that— (1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or (2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public. “Personal conflict of interest” means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee’s ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not “impair the employee’s ability to act impartially and in the best interest of the Government” is not covered under this definition.) (1) Among the sources of personal conflicts of interest are— (i) Financial interests of the covered employee, of close family members, or of other members of the covered employee’s household; (ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and (iii) Gifts, including travel.
N0042117R0055
Page 77 of 118
(2) For example, financial interests referred to in paragraph (1) of this definition may arise from— (i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals; (ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation); (iii) Services provided in exchange for honorariums or travel expense reimbursements; (iv) Research funding or other forms of research support; (v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments); (vi) Real estate investments; (vii) Patents, copyrights, and other intellectual property interests; or (viii) Business ownership and investment interests. (b) Requirements. The Contractor shall— (1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by— (i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows: (A) Financial interests of the covered employee, of close family members, or of other members of the covered employee’s household (B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business). (C) Gifts, including travel; and (ii) Requiring each covered employee to update the disclosure statement whenever the employee’s personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing. (2) For each covered employee-- (i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency; (ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and
N0042117R0055
Page 78 of 118
(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract. (3) Inform covered employees of their obligation— (i) To disclose and prevent personal conflicts of interest; (ii) Not to use non-public information accessed through performance of a Government contract for personal gain; and (iii) To avoid even the appearance of personal conflicts of interest; (4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards; (5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and (6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation. Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include— (i) Failure by a covered employee to disclose a personal conflict of interest; (ii) Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain; and (iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement. (c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for— (i) Agreement to a plan to mitigate the personal conflict of interest; or (ii) A waiver of the requirement. (2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest. (3) The Contractor shall— (i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or (ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract. (d) Subcontract flowdown. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts—
N0042117R0055
Page 79 of 118
(1) That exceed $150,000; and (2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual). (End of clause)
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or MAY 2014 Improper Activity 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal OCT 2010 Transactions 52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-15 Whistleblower Protections Under the American Recovery and JUN 2010 Reinvestment Act of 2009 52.203-16 Preventing Personal Conflicts of Interest DEC 2011 52.203-17 Contractor Employee Whistleblower Rights and Requirement APR 2014 To Inform Employees of Whistleblower Rights 52.203-19 Prohibition on Requiring Certain Internal Confidentiality JAN 2017 Agreeements or Statements 52.204-2 Security Requirements AUG 1996 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber MAY 2011 Content Paper 52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier OCT 2016 Subcontract Awards 52.204-13 System for Award Management Maintenance OCT 2016 52.204-19 Incorporation by Reference of Representations and DEC 2014 Certifications. 52.204-23 Prohibition on Contracting for Hardware, Software, and JUL 2018 Services Developed or Provided by Kaspersky Lab and Other Covered Entities. 52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014 52.209-6 Protecting the Government's Interest When Subcontracting OCT 2015 With Contractors Debarred, Suspended, or Proposed for Debarment 52.209-9 Updates of Publicly Available Information Regarding JUL 2013 Responsibility Matters 52.209-10 Prohibition on Contracting With Inverted Domestic NOV 2015 Corporations 52.211-5 Material Requirements AUG 2000 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997
N0042117R0055
Page 80 of 118
52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--AUG 2011 Modifications 52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits JUL 2005 (PRB) Other than Pensions 52.215-19 Notification of Ownership Changes OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data OCT 2010 Other Than Certified Cost or Pricing Data -- Modifications 52.215-23 Limitations on Pass-Through Charges OCT 2009 52.216-7 Allowable Cost And Payment AUG 2018 52.216-8 Fixed Fee JUN 2011 52.216-11 Cost Contract--No Fee APR 1984 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-9 Small Business Subcontracting Plan JAN 2017 52.219-14 Limitations On Subcontracting JAN 2017 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-2 Payment For Overtime Premiums JUL 1990 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor DEC 2010 Relations Act 52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging AUG 2011 While Driving 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.224-3 Privacy Training JAN 2017 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright DEC 2007 Infringement 52.227-3 Patent Indemnity APR 1984 52.227-7 Patents-Notice of Government Licensee APR 1984 52.228-7 Insurance--Liability To Third Persons MAR 1996 52.230-6 Administration of Cost Accounting Standards JUN 2010 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-17 Interest MAY 2014 52.232-22 Limitation Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-25 Prompt Payment JAN 2017 52.232-25 Alt I Prompt Payment (Jan 2017) Alternate I FEB 2002
N0042117R0055
Page 81 of 118
52.232-33 Payment by Electronic Funds Transfer--System for Award JUL 2013 Management 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business DEC 2013 Subcontractors 52.233-1 Disputes MAY 2014 52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991 52.233-3 Protest After Award AUG 1996 52.233-3 Alt I Protest After Award (Aug 1996) - Alternate I JUN 1985 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And APR 1984 Vegetation 52.237-3 Continuity Of Services JAN 1991 52.242-1 Notice of Intent to Disallow Costs APR 1984 52.242-3 Penalties for Unallowable Costs MAY 2014 52.242-4 Certification of Final Indirect Costs JAN 1997 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.243-2 Changes--Cost-Reimbursement AUG 1987 52.243-2 Alt I Changes--Cost-Reimbursement (Aug 1987) - Alternate I APR 1984 52.243-7 Notification Of Changes JAN 2017 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items NOV 2017 52.245-1 Government Property JAN 2017 52.245-2 Government Property Installation Operation Services APR 2012 52.245-9 Use And Charges APR 2012 52.246-25 Limitation Of Liability--Services FEB 1997 52.249-6 Termination (Cost Reimbursement) MAY 2004 52.249-14 Excusable Delays APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011 Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7004 Display of Hotline Posters OCT 2016 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.204-7009 Limitations on the Use or Disclosure of Third-Party OCT 2016 Contractor Reported Cyber Incident Information 252.204-7012 Safeguarding Covered Defense Information and Cyber OCT 2016 Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation MAY 2016 Support 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By OCT 2015 The Government of a Country that is a State Sponsor of Terrorism 252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.215-7002 Cost Estimating System Requirements DEC 2012 252.216-7006 Ordering MAY 2011 252.219-7004 Small Business Subcontracting Plan (Test Program) OCT 2014 252.223-7004 Drug Free Work Force SEP 1988
N0042117R0055
Page 82 of 118
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or SEP 2014 Hazardous Materials 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2016 (Dec 2016) 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016 252.225-7004 Report of Intended Performance Outside the United States OCT 2015 and Canada--Submission after Award 252.225-7012 Preference For Certain Domestic Commodities DEC 2016 252.225-7013 Duty-Free Entry--Basic (May 2016) MAY 2016 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned SEP 2004 Economic Enterprises, and Native Hawaiian Small Business Concerns 252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014 252.227-7014 Rights in Noncommercial Computer Software and FEB 2014 Noncommercial Computer Software Documentation 252.227-7015 Technical Data--Commercial Items FEB 2014 252.227-7016 Rights in Bid or Proposal Information JAN 2011 252.227-7019 Validation of Asserted Restrictions--Computer Software SEP 2016 252.227-7020 Rights In Special Works JUN 1995 252.227-7025 Limitations on the Use or Disclosure of Government- MAY 2013 Furnished Information Marked with Restrictive Legends 252.227-7026 Deferred Delivery Of Technical Data Or Computer Software APR 1988 252.227-7027 Deferred Ordering Of Technical Data Or Computer Software APR 1988 252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7010 Levies on Contract Payments DEC 2006 252.235-7010 Acknowledgment of Support and Disclaimer MAY 1995 252.235-7011 Final Scientific or Technical Report JAN 2015 252.237-7010 Prohibition on Interrogation of Detainees by Contractor JUN 2013 Personnel 252.239-7010 Cloud Computing Services OCT 2016 252.242-7005 Contractor Business Systems FEB 2012 252.242-7006 Accounting System Administration FEB 2012 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.244-7001 Contractor Purchasing System Administration MAY 2014 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished APR 2012 Property 252.245-7002 Reporting Loss of Government Property APR 2012 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.246-7001 Warranty Of Data MAR 2014
CLAUSES INCORPORATED BY FULL TEXT
52.216-19 ORDER LIMITATIONS (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000.00 , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor--
N0042117R0055
Page 83 of 118
(1) Any order for a single item in excess of $10,000,000.00 ; (2) Any order for a combination of items in excess of the maximum contract value ; or (3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above. (d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-22 INDEFINITE QUANTITY (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract twelve (12) months after the ordering period of performance.
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within TBD at task order level; provided, that the Government gives the Contractor a preliminary written notice of its intent to extend at least TBD at task order level before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months as the ordering period.
N0042117R0055
Page 84 of 118
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) (a) Definitions. As used in this clause-- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall re-represent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts-- (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall re-represent its size status in accordance with the size standard in effect at the time of this re-representation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards/ . (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the re-representation required by paragraph (b) of this clause by validating or updating all its representations and Certification section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following re- representation and submit it to the contracting office, along with the contract number and the date on which the re- representation was completed: The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code [______] assigned to contract number [______TBD______]. [Contractor to sign and date and insert authorized signer's name and title].
______Signature Date ______Signer’s Printed Name Signer’s Title
N0042117R0055
Page 85 of 118
52.244-2 SUBCONTRACTS (OCT 2010) (a) Definitions. As used in this clause-- “Approved purchasing system” means a Contractor's purchasing system that has been reviewed and approved in accordance with Part 44 of the Federal Acquisition Regulation (FAR). “Consent to subcontract” means the Contracting Officer's written consent for the Contractor to enter into a particular subcontract. “Subcontract” means any contract, as defined in FAR Subpart 2.1, entered into by a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders. (b) When this clause is included in a fixed-price type contract, consent to subcontract is required only on unpriced contract actions (including unpriced modifications or unpriced delivery orders), and only if required in accordance with paragraph (c) or (d) of this clause. (c) If the Contractor does not have an approved purchasing system, consent to subcontract is required for any subcontract that-- (1) Is of the cost-reimbursement, time-and-materials, or labor- hour type; or (2) Is fixed-price and exceeds-- (i) For a contract awarded by the Department of Defense, the Coast Guard, or the National Aeronautics and Space Administration, the greater of the simplified acquisition threshold or 5 percent of the total estimated cost of the contract; or (ii) For a contract awarded by a civilian agency other than the Coast Guard and the National Aeronautics and Space Administration, either the simplified acquisition threshold or 5 percent of the total estimated cost of the contract. (d) If the Contractor has an approved purchasing system, the Contractor nevertheless shall obtain the Contracting Officer's written consent before placing the following subcontracts: TBD at time of award. (e)(1) The Contractor shall notify the Contracting Officer reasonably in advance of placing any subcontract or modification thereof for which consent is required under paragraph (b), (c), or (d) of this clause, including the following information: (i) A description of the supplies or services to be subcontracted. (ii) Identification of the type of subcontract to be used. (iii) Identification of the proposed subcontractor. (iv) The proposed subcontract price. (v) The subcontractor's current, complete, and accurate certified cost or pricing data and Certificate of Current Certified Cost or Pricing Data, if required by other contract provisions. (vi) The subcontractor's Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other provisions of this contract. (vii) A negotiation memorandum reflecting-- (A) The principal elements of the subcontract price negotiations; (B) The most significant considerations controlling establishment of initial or revised prices; (C) The reason certified cost or pricing data were or were not required; (D) The extent, if any, to which the Contractor did not rely on the subcontractor's certified cost or pricing data in determining the price objective and in negotiating the final price; (E) The extent to which it was recognized in the negotiation that the subcontractor's certified cost or pricing data were not accurate, complete, or current; the action taken by the Contractor and the subcontractor; and the effect of any such defective data on the total price negotiated; (F) The reasons for any significant difference between the Contractor's price objective and the price negotiated; and (G) A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered. (2) The Contractor is not required to notify the Contracting Officer in advance of entering into any subcontract for which consent is not required under paragraph (b), (c), or (d) of this clause.
N0042117R0055
Page 86 of 118
(f) Unless the consent or approval specifically provides otherwise, neither consent by the Contracting Officer to any subcontract nor approval of the Contractor's purchasing system shall constitute a determination-- (1) Of the acceptability of any subcontract terms or conditions; (2) Of the allowability of any cost under this contract; or (3) To relieve the Contractor of any responsibility for performing this contract. (g) No subcontract or modification thereof placed under this contract shall provide for payment on a cost-plus-a- percentage-of- cost basis, and any fee payable under cost-reimbursement type subcontracts shall not exceed the fee limitations in FAR 15.404- 4(c)(4)(i). (h) The Contractor shall give the Contracting Officer immediate written notice of any action or suit filed and prompt notice of any claim made against the Contractor by any subcontractor or vendor that, in the opinion of the Contractor, may result in litigation related in any way to this contract, with respect to which the Contractor may be entitled to reimbursement from the Government. (i) The Government reserves the right to review the Contractor's purchasing system as set forth in FAR Subpart 44.3. (j) Paragraphs (c) and (e) of this clause do not apply to the following subcontracts, which were evaluated during negotiations: ___*______
*(To be completed at time of award)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/ or http://farsite.hill.af.mil.
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
252.227-7030 TECHNICAL DATA--WITHHOLDING OF PAYMENT (MAR 2000) (a) If technical data specified to be delivered under this contract, is not delivered within the time specified by this contract or is deficient upon delivery (including having restrictive markings not identified in the list described in the clause at 252.227-7013(e)(2) or 252.227-7018(e)(2) of this contract), the Contracting Officer may until such data is accepted by the Government, withhold payment to the Contractor of ten percent (10%) of the total contract price or amount unless a lesser withholding is specified in the contract. Payments shall not be withheld nor any other action taken pursuant to this paragraph when the Contractor's failure to make timely delivery or to deliver such data without deficiencies arises out of causes beyond the control and without the fault or negligence of the Contractor. (b) The withholding of any amount or subsequent payment to the Contractor shall not be construed as a waiver of any rights accruing to the Government under this contract.
N0042117R0055
Page 87 of 118
5252.204-9502 REQUIREMENTS FOR LOCAL SECURITY SYSTEM (NAVAIR)(OCT 2005) The contractor agrees to provide locator information regarding all employees requiring a permanent badge for authorized entrance to Patuxent River, Maryland, St. Inigoes, Maryland, Pt. Mugu, California and China Lake, California. Entrance is authorized by this contract as a result of tasks associated with performance of the Section C - Statement of Work only. Initial information shall be provided as each individual is assigned to this contract by using the Locator Form provided as an attachment to this contract. Thereafter, quarterly reports (due at the beginning of each quarter by the fifth day of the month) will be provided with gains/losses (identification of new and replaced or added individuals) and any changes to current personnel (such as telephone number, building number and room number). A point of contact is to be named on each quarterly report for any questions/additional information needed by the Government recipient. The quarterly reports are to be addressed to the COR designated in clause 5252.201-9501. All losses are to have the permanent badges returned to Naval Test Wing Atlantic, the COR TBD, CODE 5.1D BLDG 304 RM 207, 22541 Millstone Road, Patuxent River, MD 20670-1606 on the last day of the individual's task requirement.
N0042117R0055
Page 88 of 118
Section J - List of Documents, Exhibits and Other Attachments
ATTACHMENTS AND EXHIBITS Attachment 2: Contractor Surveillance Plan (CSP) Attachment 3: SAAR-N_Instructions Attachment 4: SAAR-N_Form_Rev_9_11 Attachment 5: SAAR-N Guidance 2016Oct19 Attachment 6: Funds_Expenditure_Report Attachment 7: TASS-Reg_Req Attachment 8: Travel_Req Attachment 9: Base_Acc_Req Attachment 12: Organizational Conflict of Interest (COI) List IAW Clause 5252.209- 9510 Attachment 13: DD-254 Form Attachment 14: Reserved – Subcontracting Plan (if applicable)
Exhibit A: CDRL A001 - Monthly Progress Reports CDRL A002 - Progress Reports CDRL A003 - Contractors Flight and Ground Operations CDRL A004 - NMCI Information Report CDRL A005 - Trip/Meeting/Planning Report
Proposal Attachments: * Attachment P-1: Workforce Qualification Spreadsheet Attachment P-2: Workforce Hourly Matrix Attachment P-3: Past Performance Information Form Attachment P-5: Contractor Performance Assessment Questionnaire (CPAQ) Attachment P-6: Prime and Subcontractor Cost Summary Attachment P-7: Subcontracting Plan Review Attachment P-8: Streamlined Rates for Order Pricing
*Note: Proposal Attachments P-1 through P-8 are for solicitation purposes only and will be removed upon award. The rates outlined in the awardee’s Attachment P8 will be incorporated into the resulting contract at time of award via contract clause B-1.
N0042117R0055
Page 89 of 118
Section K - Representations, Certifications and Other Statements of Offerors
CLAUSES INCORPORATED BY REFERENCE
52.203-11 Certification And Disclosure Regarding Payments To SEP 2007 Influence Certain Federal Transactions 52.203-18 Prohibition on Contracting With Entities That Require Certain JAN 2017 Internal Confidentiality Agreements or Statements-- Representation 52.204-5 Women-Owned Business (Other Than Small Business) OCT 2014 52.204-17 Ownership or Control of Offeror JUL 2016 52.209-2 Prohibition on Contracting with Inverted Domestic NOV 2015 Corporations--Representation 52.209-7 Information Regarding Responsibility Matters JUL 2013 52.209-11 Representation by Corporations Regarding Delinquent Tax FEB 2016 Liability or a Felony Conviction under any Federal Law 52.209-13 Violation of Arms Control Treaties or Agreements -- JUN 2018 Certification. 52.222-25 Affirmative Action Compliance APR 1984 52.225-20 Prohibition on Conducting Restricted Business Operations in AUG 2009 Sudan--Certification 52.225-25 Prohibition on Contracting with Entities Engaging in Certain OCT 2015 Activities or Transactions Relating to Iran-- Representation and Certifications. 52.230-7 Proposal Disclosure--Cost Accounting Practice Change APR 2005 252.203-7005 Representation Relating to Compensation of Former DoD NOV 2011 Officials 252.204-7008 Compliance With Safeguarding Covered Defense Information OCT 2016 Controls 252.225-7000 Buy American--Balance Of Payments Program Certificate-- NOV 2014 Basic (Nov 2014) 252.227-7017 Identification and Assertion of Use, Release, or Disclosure JAN 2011 Restrictions 252.227-7028 Technical Data or Computer Software Previously Delivered JUN 1995 to the Government 252.247-7022 Representation Of Extent Of Transportation Of Supplies By AUG 1992 Sea
CLAUSES INCORPORATED BY FULL TEXT
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is [488190]. (2) The small business size standard is [$32.5 M]. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies. (2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding
N0042117R0055
Page 90 of 118 individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [ ] (i) Paragraph (d) applies. [ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated: (i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-- (A) The acquisition is to be made under the simplified acquisition procedures in Part 13; (B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or (C) The solicitation is for utility services for which rates are set by law or regulation. (ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000. (iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements -- Representation. This provision applies to all solicitations. (iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, System for Award Management. (v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-- (A) Are not set aside for small business concerns; (B) Exceed the simplified acquisition threshold; and (C) Are for contracts that will be performed in the United States or its outlying areas. (vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation. (vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold. (viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations. (ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government. (x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. (xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas. (A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard. (B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard. (xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas. (xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity. (xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity. (xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items. (xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017. Note to paragraph (c)(1)(xv): By court order issued on October 25, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xvii) 52,223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
N0042117R0055
Page 91 of 118
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items. (xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals - Representation. This provision applies to solicitations that include the clause 52.204-7. (xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1. (xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II & III) This provision applies to solicitations containing the clause at 52.225- 3. (A) If the acquisition value is less than $25,000, the basic provision applies. (B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies. (C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies. (D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies. (xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5. (xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations. (xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certification. This provision applies to all solicitations. (xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions. (2) The following representations or certifications are applicable as indicated by the Contracting Officer: [Contracting Officer check as appropriate.] [ ] (i) 52.204-17, Ownership or Control of Offeror. [ ] (ii) 52.204-20, Predecessor of Offeror. [ ] (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products. [ X ] (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification. [ ] (v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification. [ ] (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only). [ ] (vii) 52.227-6, Royalty Information. [ ] (A) Basic. [ ] (B) Alternate I. [ ] (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software. (d) The offeror has completed the annual representations and certifications electronically via the SAM Website accessed through https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date].These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
N0042117R0055
Page 92 of 118
52.204-20 PREDECESSOR OF OFFEROR (JUL 2016) (a) Definitions. As used in this provision -- "Commercial and Government Entity (CAGE) Code means -- (1) An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity, or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. "Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor. "Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merge). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. (b) The Offeror represents that is [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years. (c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: ______(or mark "Unknown"). Predecessor legal name: ______. (Do not use a "doing business as" name).
52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (OCT 2015) Note: This notice does not apply to small businesses or foreign governments. This notice is in three parts, identified by Roman numerals I through III. Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant contract. If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively. I. Disclosure Statement -- Cost Accounting Practices and Certification (a) Any contract in excess of $750,000 resulting from this solicitation will be subject to the requirements of the Cost Accounting Standards Board (48 CFR Chapter 99), except for those contracts which are exempt as specified in 48 CFR 9903.201-1. (b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202. When required, the Disclosure Statement must be submitted as a part of the offeror's proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision. Caution: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract performance cost data. (c) Check the appropriate box below: [ ] (1) Certificate of Concurrent Submission of Disclosure Statement. The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows: (i) Original and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant Federal agency official authorized to act in that capacity (Federal official), as applicable; and
N0042117R0055
Page 93 of 118
(ii) One copy to the cognizant Federal auditor. (Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal official and/or from the loose-leaf version of the Federal Acquisition Regulation.) Date of Disclosure Statement: ______Name and Address of Cognizant ACO or Federal Official Where Filed: ______The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement. [ ] (2) Certificate of Previously Submitted Disclosure Statement. The offeror hereby certifies that the required Disclosure Statement was filed as follows: Date of Disclosure Statement: ______Name and Address of Cognizant ACO or Federal Official Where Filed: ______The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable Disclosure Statement. [ ] (3) Certificate of Monetary Exemption. The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling $50 million or more in the cost accounting period immediately preceding the period in which this proposal was submitted. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately. [ ] (4) Certificate of Interim Exemption. The offeror hereby certifies that: (i) the offeror first exceeded the monetary exemption for disclosure, as defined in (3) of this subsection, in the cost accounting period immediately preceding the period in which this offer was submitted and (ii) in accordance with 48 CFR 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The offeror further certifies that if an award resulting from this proposal has not been made within 90 days after the end of that period, the offeror will immediately submit a revised certificate to the Contracting Officer, in the form specified under subparagraph (c)(1) or (c)(2) of Part I of this provision, as appropriate, to verify submission of a completed Disclosure Statement. Caution: Offerors currently required to disclose because they were awarded a CAS-covered prime contract or subcontract of $50 million or more in the current cost accounting period may not claim this exemption (4). Further, the exemption applies only in connection with proposals submitted before expiration of the 90-day period following the cost accounting period in which the monetary exemption was exceeded. II. Cost Accounting Standards -- Eligibility for Modified Contract Coverage If the offeror is eligible to use the modified provisions of 48 CFR 9903.201-2(b) and elects to do so, the offeror shall indicate by checking the box below. Checking the box below shall mean that the resultant contract is subject to the Disclosure and Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards clause. [ ] The offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48 CFR 9903.201-2(b) and certifies that the offeror is eligible for use of the Disclosure and Consistency of Cost Accounting Practices clause because during the cost accounting period immediately preceding the period in which this proposal was submitted, the offeror received less than $50 million in awards of CAS-covered prime contracts and subcontracts. The offeror further certifies that if such status changes before an award resulting from this proposal, the offeror will advise the Contracting Officer immediately. Caution: An offeror may not claim the above eligibility for modified contract coverage if this proposal is expected to result in the award of a CAS-covered contract of $50 million or more or if, during its current cost accounting period, the offeror has been awarded a single CAS-covered prime contract or subcontract of $50 million or more. III. Additional Cost Accounting Standards Applicable to Existing Contracts The offeror shall indicate below whether award of the contemplated contract would, in accordance with subparagraph (a)(3) of the Cost Accounting Standards clause, require a change in established cost accounting practices affecting existing contracts and subcontracts. [ ] yes [ ] no
252.204-7007 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2017) - ALTERNATE A (JAN 2015) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 488190. (2) The small business size standard is $32.5M.
N0042117R0055
Page 94 of 118
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies. (2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [ ] (i) Paragraph (d) applies. [ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated: (i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-- (A) The acquisition is to be made under the simplified acquisition procedures in Part 13; (B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or (C) The solicitation is for utility services for which rates are set by law or regulation. (ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000. (iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements -- Representation. This provision applies to all solicitations. (iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, System for Award Management. (v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-- (A) Are not set aside for small business concerns; (B) Exceed the simplified acquisition threshold; and (C) Are for contracts that will be performed in the United States or its outlying areas. (vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation. (vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold. (viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations. (ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government. (x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. (xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas. (A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard. (B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard. (xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas. (xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity. (xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity. (xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
N0042117R0055
Page 95 of 118
(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items. (xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals - Representation. This provision applies to solicitations that include the clause 52.204-7. (xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1. (xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II & III) This provision applies to solicitations containing the clause at 52.225- 3. (A) If the acquisition value is less than $25,000, the basic provision applies. (B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies. (C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies. (D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies. (xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5. (xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations. (xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certification. This provision applies to all solicitations. (xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions. (2) The following representations or certifications are applicable as indicated by the Contracting Officer: [Contracting Officer check as appropriate.] [ ] (i) 52.204-17, Ownership or Control of Offeror. [ ] (ii) 52.204-20, Predecessor of Offeror. [ ] (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products. [ X ] (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification. [ ] (v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification. [ ] (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only). [ ] (vii) 52.227-6, Royalty Information. [ ] (A) Basic. [ ] (B) Alternate I. [ ] (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software. (d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated: (i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus - Representation. Applies to all solicitations with institutions of higher education. (ii) 252.216-7008, Economic Price Adjustment - Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials. (iii) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies to solicitations with a value expected to exceed the simplified acquisition threshold. (iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.
N0042117R0055
Page 96 of 118
(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities - Representations. Applies to solicitations for the acquisition of commercial satellite services. (vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more. (vii) 252.229-7012, Tax Exemptions (Italy) - Representation. Applies to solicitations and contracts when contract performance will be in Italy. (viii) 252.229-7013, Tax Exemptions (Spain) - Representation. Applies to solicitations and contracts when contract performance will be in Spain. (ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold. (2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.] [ ] (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government. [ ] (ii) 252.225-7000, Buy American - Balance of Payments Program Certificate. [ ] (iii) 252.225-7020, Trade Agreements Certificate. [ ] Use with Alternate I. [ ] (iv) 252.225-7031, Secondary Arab Boycott of Israel. [ ] (v) 252.225-7035, Buy American - Free Trade Agreements - Balance of Payments Program Certificate. [ ] Use with Alternate I. [ ] Use with Alternate II. [ ] Use with Alternate III. [ ] Use with Alternate IV. [ ] Use with Alternate V. (e) The offeror has completed the annual representations and certifications electronically via the SAM Website at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by provision number, title, date].These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. FAR/DFAR Provision # Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.
5252.209-9511 ORGANIZATIONAL CONFLICTS OF INTEREST REPRESENTATION (SERVICES) (NAVAIR)(JUL 1989) This solicitation contains an organizational conflicts of interest clause in Section H, which is to appear in the awarded contract. Along with their proposals, offerors must check the appropriate box below: [ ] Information concerning a conflict of interest, as identified in NAVAIR 5252.209-9510, is provided under Attachment 12. [ ] No conflict of interest exists.
N0042117R0055
Page 97 of 118
Section L - Instructions, Conditions and Notices to Bidders
L – [ 1] CONTENT OF PROPOSALS (SERVICES) (Sept 2017)
PART A GENERAL INSTRUCTIONS
1.0 GENERAL
The Offeror must respond to all requirements of the solicitation and not alter or rearrange the solicitation. The Offeror is advised that the Government may incorporate any portions of the Offeror’s proposal into the resulting contract.
In presenting material in the proposal, the Offeror is advised that quality of information is more important than quantity. Clarity, brevity, and logical organization shall be emphasized during proposal preparation. Statements that the prospective Offeror understands, can comply with, or will comply with, the specifications, and paraphrasing the requirements or parts thereof without supporting information are considered inadequate by the Government, and may result in assessing weaknesses and/or deficiencies.
The Offeror must include any data that illustrates the adequacy of the various assumptions, approaches, and solutions to problems. Failure to address a specific factor or subfactor clearly may be considered a deficiency. Unnecessarily elaborate brochures or other presentation materials beyond that sufficient to present a complete and effective proposal is neither necessary nor desired.
The Government advises the Offeror that taking exception or deviating from any term or condition of the RFP may result in the assessment of a deficiency to the proposal.
Throughout these instructions, a “principal subcontractor” is defined as a subcontractor who provides at least 10% of the proposed total cost/price (excluding the Offeror’s profit/fee). “Joint Venture Team member” is defined as one of the entities that make up a joint venture formed for the purpose of responding to this solicitation.
Questions: Offerors may submit questions requesting clarification of solicitation requirements by emailing the contract specialist at [email protected] or the Contracting Officer, May Dimitrov at [email protected]. It is required that all questions be received within 10 calendar days of the date this solicitation is issued.
2.0 PROPOSAL FORMAT Written proposals must be formatted using a Times New Roman 12 pt. Normal font (no reduction permitted), single- spaced with 1-inch margins all around, and formatted for standard 8.5 x 11-inch paper. All pages should be numbered with section and page numbers. When foldout pages are used they must not exceed 11 x 17 inches and will be counted as 1 page. Drawings may be provided separately and may be any size but should be folded to approximately 8.5 x 11-inch standard size and will count as 1 page. Graphs shall be presented in no smaller than a 10 pt. font and should contain a grid, which allows values to be read directly from the graph to the same accuracy that a 10 x 10 to the ½ inch grid provides. Graphic resolution, including such data as tables or charts, should be consistent with the purpose of the data presented.
All electronic files shall be fully compatible with Microsoft 2016 and, for information not supported by MS Office products, with the latest Adobe Acrobat format. Attachments that are Excel documents required and provided by the government for proposals can have extra Worksheets added in the Excel document to provide information without it counting against the page count. The Offeror will ensure that the Cost/ Price Volume is provided on a separate CD- ROM. Each CD-ROM is to be labeled for content and the Offeror’s name. If a discrepancy exists between the original paper copy of the proposal and the disk copy, the paper copy will take precedence.
3.0 PROPOSAL CONTENT AND VOLUMES
N0042117R0055
Page 98 of 118
The Offeror must present proposal information in a manner that facilitates a one-to-one comparison between the information presented and this Proposal Instruction. Proposal information must be structured such that its Volume/paragraph number matches the Proposal Instructions Volume/paragraph number provided in section “Part B Specific Instructions” to which it is responding, although the Offeror may add lower tier subparagraphs. The Offeror must provide reasons it will not provide information for a particular paragraph. The proposal information instructions are structured by paragraph numbers where first, second, third, and fourth parts correspond to the volume, book, section, and element, etc., in the Offeror’s proposal.
Each volume of the proposal shall be submitted as one original and additional copies as specified in the table below. The table below supersedes the copies requested in Block 9 of the Standard Form (SF) 33. All volumes of the original proposal shall be delivered to the address provided in Section 4.0 prior to the closing date/time stated in this solicitation. Page limitations for each volume, if any, are also specified in the table below; title and table of contents pages do not count towards the page limit. Any pages submitted exceeding the page limit shall be disregarded and NOT evaluated.
Information submitted as an Annex to the proposal includes manuals, specifications, plans, procedures, and policies that exist as an official document of the company or facility, as well as other information requested in Part B Specific Instructions. Page limitations for Annexes, if any, are specified below. The authorized Annexes are summarized in the table below.
Volume Volume Title Page Limit Copies Required Number 1 TECHNICAL 30 Pages 1 Original/ 1 Copy with CD- ROM 2 PAST PERFORMANCE 5 Pages for Each 1 Original/ 1 Copy with CD- Contract ROM 3 COST/PRICE No Page Limit 1 Original/1 Copy with CD- ROM Annex 1 OCI Disclosure and 1 Original/ 1 Copy with CD- Mitigation Plans (if No Page Limit ROM applicable) Annex 2 Small Business Subcontracting Plan (if 1 Original/ 1 Copy with CD- No Page Limit applicable) and Small ROM Business Utilization Annex 3 The Contractor No Page Limit 1 Original/ 1 Copy with CD- Performance Assessment ROM Report (CPAR)
Each volume shall contain the following information: -Cover and title page -Title of proposal and proposal number as applicable -Offeror’s name, address, and POC -RFP number -Proposal volume/book number -Copy number -Table of Contents (The table of contents must provide sufficient detail to enable easy location of important elements) -Use tabs and dividers The Offeror shall submit a Cross Reference Matrix (CRM) for the Technical Volume, similar to the example below, to help ensure that all solicitation requirements are addressed and to facilitate the evaluators’ review of the Offeror’s proposal. The CRM should be a single integrated matrix and cross-reference the proposal volumes and paragraphs to specific RFP requirements, as well as other parts of the proposal that contain relevant information. The Offeror’s CRM may be identical to the example below or revised such as to add columns to indicate the page number on
N0042117R0055
Page 99 of 118 which information may be found, identify where other relevant information in the proposal is located, or provide other comments. The CRM does not count against any of the proposal page limitations.
EXAMPLE OF A CROSS REFERENCE MATRIX (CRM)
Section L – Government Statement of Section M – Proposal Work/Performance Work Evaluation Offeror’s Proposal CLIN Instructions Statement (SOW)/(PWS) Factor Reference Reference Example: Para 3.1 2.A Provide reference to Volume 1 Note: This column shall Offeror’s Proposal Volume Technical address all paragraphs in I – Technical. Example: Sections xx and xy of the Refer to appropriate page SOW/PWS. number in Offeror’s written proposal Volume 1 Technical Volume 1 Technical
4.0 PROPOSAL SUBMISSION:
Clearly mark all packages with the solicitation number N0042117R0055 and appropriate volume number. The submission date for all Volumes shall be no later than the date and time specified in Block 9 of the SF 33 of the RFP. It is required that Volume 2 Past Performance information be submitted 15 days prior to the submission date specified in Block 9 of the SF 33 of the RFP.
Offeror shall submit proposals via United States Postal Service or through a commercial carrier using the address provided below. Offeror shall not submit proposals by facsimile or electronically via email.
Naval Air Systems Command Code: AIR-2.5.1.12 (Sheryl Pope) Address: 21983 Bundy Road, Building 441 Patuxent River, Maryland 20670 Solicitation Number: N0042117R0055 Hand carried proposals may be delivered to the address above, attention May Dimitrov (PCO) and/or Sheryl Pope (Contract Specialist).
IMPORTANT NOTICE: All packages entering the Consolidated Mail Facility onboard the Naval Air Warfare Center Aircraft Division are being scanned. If the contents of the box/package contain electronic components or media, or otherwise should not be scanned because of potential damage to the contents, the sender/vender shall mark the box/package with a "DO NOT SCAN" sticker.
5.0 PROPOSAL PACKAGING:
The Offeror shall package the proposal volumes in cartons or equivalent packaging containers in the most efficient manner possible grouping like volumes to the maximum extent possible. Each container shall be single person portable. One container shall include all Original Proposal volumes including the original/signed documents submitted as part of Volume 3 Cost/Price.
N0042117R0055
Page 100 of 118
Each box should include a packing slip detailing the contents to include the volume number, title, and copy number. Also, each box should be stamped or marked “For Official Use Only” and “Source Selection Information – See FAR 2.101 and 3.104.”
6.0 CLASSIFIED DATA
All proposals must be UNCLASSIFIED.
7.0 SOLICITATION CHANGES
For notice of any changes and additional information provided by the Government for the solicitation, please go to https://www.fbo.gov/. Perform a search for the solicitation number: N0042117R0055
PART B SPECIFIC INSTRUCTIONS
Cost or pricing information shall only appear in the Cost/Price volume. 1.0 VOLUME 1: TECHNICAL
The Offeror shall provide all information and data required to conduct a thorough and complete technical evaluation. The Offeror shall address the following technical sub-factors in the proposal:
Management Plan Workforce Qualifications
1.1 Management Plan. Offerors shall address in sufficient detail the following:
(a) Adequacy of corporate management and resources to support the Aircrew requirements of the solicitation and ability to function as a viable and productive provider of contracted services to the Government; i) Describe provisions for staffing. ii) Procedures to be taken to ensure quality and cost control; iii) Plan for early identification and resolution of problems; and iv) Identification of potential performance risks and proposed risk mitigation strategies.
1.1.1 Usage of Subcontractors. Offerors shall present in sufficient detail the following:
(a) Provide information on the subcontractor(s) that were chosen, which aircrew positions they will be acquiring through each subcontract, and the level of subcontract effort expected. (b) Describe the management control over subcontractor’s performance of the work.
1.1.2 Qualification/Recruitment/Retention. Offerors shall present in sufficient detail the following:
(a) Description of their process for qualifying personnel to perform SOW tasks; (b) Employee retention plan.
1.1.3 Transition Plan - The transition period begins 45 days prior to the beginning of the period of performance. The Offeror shall describe the approach to initiating this program and provide a 45-day plan of action with milestones necessary to begin performing the requirements in this solicitation to start full performance on the first day of the period of performance.
The Offeror shall describe the approach to initiating this program and provide a detailed plan illustrating how the offeror intends to function with full performance from the first day of the period of performance.
The Offeror shall address the following: (a) Program to maintain the requirements of the contract while incorporating each current, contingent, and prospective hired employee proposed under this effort.
N0042117R0055
Page 101 of 118
(b) Training plan for personnel whose job requires formal certification/licensing/qualification prior to assumption of the required tasks.
1.1.4 Small Business (SB) Utilization Strategy: All Offerors shall address their strategies for utilizing SB Concerns in the performance of this contract, whether as a Joint Venture, teaming arrangement, or subcontractor to achieve a Government established Small Business Participation goal of no less than 10% of the total contract value, inclusive of options. Small business offerors should include themselves in addressing their strategies. Although the aforementioned stated goal represents the Small Business category, offerors shall include goals for not only Small Business, but also for Small Disadvantaged Business, Veteran-Owned Small Business, Service-Disabled Veteran- Owned Small Business, HUBZone Small Business, and Women-Owned Small Business. All goals shall be presented in both dollars and percentages in relation to total contract value. This strategy is separate from, but shall be consistent with, the SB Subcontracting Plan as referenced in Annex 2, if such a Plan is required.
(1) Offerors shall specifically identify the small business subcontractors to be utilized in performance of this contract to the maximum extent practical. For each SB concern specifically identified in the proposal, provide the SB concern’s SB subcategory (SDB, SDVOSB, WOSB, HUBZone, etc.), provide the SB concern’s CAGE code (or, if not registered in System for Award Management (SAM), provide evidence of self-certification in accordance with FAR 19.703(b) as a SB concern), and the NAICS code for the work to be performed by the SB subcontractor. (2) Offerors shall describe the extent of commitment to use such firms and provide evidence of any enforceable commitments. “Enforceable commitments” include but are not limited to signed subcontracts, signed agreements to subcontract in the event the prime is awarded the contract, or other binding agreements indicating firm commitments to subcontract. (3) Offerors shall describe the complexity and variety of the work small firms are to perform; for each SB subcontractor specifically identified, the offeror shall identify if the planned subcontract effort is considered to be of low, medium, or high complexity along with a brief rationale; (4) Offerors shall calculate the percentage of SB subcontracting, SDB subcontracting, WOSB subcontracting, SDVOSB subcontracting, and HUBZone subcontracting in terms of the value of the total acquisition.
1.2 Workforce Qualifications: The Offeror shall demonstrate the proposed manning/personnel skill levels, and expertise to perform the work required by this solicitation. The workforce identified in the 3.7.2 Labor Hour Table, represents the workforce necessary to successfully execute the mission requirements of the SOW.
1.2.1 Labor Category Information: The Offeror shall propose the labor category titles, functional responsibilities, and minimum qualifications outlined in Section 3.9 of the SOW. The labor category title shall be consistent throughout the proposal. The Offeror shall complete the Workforce Qualification worksheet; utilize Attachment P-1 for each current, contingent, and prospective hired employee proposed under this effort. Subcontractors and team members’ information should be included in the prime contractor’s submission of this document.
2.0 VOLUME 2: PAST PERFORMANCE
2.1 General Sources of past performance evaluation information include information provided by the Offeror in response to the solicitation, information obtained from questionnaires, and any other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information Systems, Electronic Subcontract Reporting System, or other databases; the Defense Contract Management Agency; and interviews with Program Managers, Contracting Officers, and Fee Determining Officials.
The Offeror shall complete the Past Performance Information Form, Attachment P3, for each past performance reference performed within five years of the solicitation release date (Extra tabs can be added in this excel document without counting against the page count for Past Performance listed in Section L, 3.0). The Offeror shall submit up to five Past Performance Information Forms as the Prime Contractor, no more than two forms for each principal subcontractor, and/or no more than two forms for each Joint Venture team member. The Offeror shall submit written consent from its principal subcontractor(s) and Joint Venture team member(s) that will allow the Government to coordinate any past performance issues directly with the Offeror. If the Offeror does not submit the written consent, the Government will address any past performance issues directly with the principal subcontractor
N0042117R0055
Page 102 of 118 or Joint Venture Team member and the Offeror will forfeit the opportunity to participate in any related discussions. Consequently, for any principal subcontractor and Joint Venture team member that does not provide the written consent, the Offeror shall provide the name, address, phone number, and email address with whom the Government may address any past performance issues.
The Offeror shall provide a narrative on each Past Performance Information form in the “Contract Effort Description” area that clearly describes how each contract reference has relevant work effort that matches the relevancy definitions specified in Section M of the solicitation. Additionally, the Offeror shall provide one electronic copy of the contract award, one electronic copy of the SOW and any Contractor Performance Assessment Report (CPAR) or Past Performance Questionnaires relevant to the provided Past Performance Information.
The primary source of past performance information will be PPIRS. If a CPAR exists for multiple years for the same contract/order, all periods of performance within the recency period specified above, for that contract/order, will be used for evaluation. In the event a CPAR does not exist for a past performance reference, the Offeror shall submit a Contractor Performance Assessment Questionnaire (CPAQ), Attachment P5, to the Program Manager who is the Assessing Official. The Offeror shall include instructions for the Program Manager to send completed questionnaires within two weeks of its receipt via e-mail to Sheryl Pope, Contract Specialist, at Email [email protected] or via fax number 301-757-8959, thereby allowing the customer approximately two weeks to complete their response. All CPAQs should be received by the Government concurrently with the Offeror’s proposal submission. The CPAR is exempt from the Past Performance page limits and can be delivered as Annex 3 in the Offeror’s proposal.
3.0 VOLUME 3: COST/PRICE PROPOSAL If subcontractors are proposed, they shall provide the same information required for the prime contractor, unless otherwise noted below.
3.1 Volume Content:
(a) This Volume shall contain the Contract Compliance information specified below as follows: i. Offeror Summary Table: The Offeror shall complete the table below. The Offeror shall include all subcontractors and Joint Venture team members who will be involved with the performance of the contract and list all sites where the work will be performed. If a Joint Venture teaming or subcontracting arrangement is proposed, identify the work share, distribution elements, and ratios that each contractor will perform using the table below. Also provide a definition of the legal relationship between the entities if it is other than a Prime/subcontractor relationship. The Offeror shall provide a written explanation if multiple CAGE codes/DUNS for the same physical location are provided in the table below (Offeror Summary Table). The written explanation shall detail the distinct roles and responsibilities for entities with different CAGE codes/DUNs at the same physical location for where the work is being performed or from where the work is being directed. The description shall include all changes in the organization as a result of a corporate acquisition, reorganization, merger, or other administrative reason. Contractor Name(Indicate Place of CAGE CODE/ Brief Work Description % of Total Prime, Joint Venture Performance/ DUNS # and/or Program Proposed Team Member, or Sub) Responsibility Price
ii. Signed SF33 or SF1449 for basic solicitation and acknowledgment of each amendment, including completion of any RFP clause or provision that requires a fill-in or response. iii. Signed Representations, Certifications, and Acknowledgements and/or System for Award Management (SAM). iv. Guarantee the length of proposal validity (for at least 180 days after proposal submission).
(b) This Volume shall also contain a copy of Section B with the Contract Line Item (CLIN) and Sub-CLIN Unit Prices and, for evaluation purposes, the Total Prices filled in using the estimated quantities value in the solicitation and the instructions below. Section B prices shall be provided separately in one digital data copy in MS
N0042117R0055
Page 103 of 118
Office 2010 Excel format on CD-ROM media. Within all Excel spreadsheets, the Offeror shall use formulas and functions to the maximum extent possible and avoid using output type “value only” cells. If links are utilized, supply those referenced files. Spreadsheets shall not be protected.
(c) All cost/price and cost/price supporting information shall be contained in Section B and the cost/price proposal. No price or pricing information shall be included in any other technical volume including cover letters. Offeror are responsible for submitting sufficient information to enable the Government to fully evaluate their cost/price proposal.
3.2 Ground Rules and Assumptions:
(a) As this is a competitive acquisition with adequate price competition anticipated, certified cost or pricing data in accordance with FAR 15.403-1 is not required. However, in the event that adequate price competition does not exist after receipt of proposals, the Government reserves the right to request additional cost or pricing data as necessary from both the Offeror and subcontractors. Further, the Offeror may be required to provide a Certificate of Current Cost or Pricing Data prior to award, pursuant to FAR 15.406-2. (b) The Offeror shall provide sufficient information to support its cost/price as well as an explanation of all ground rules and assumptions that affect the cost/price estimates.
(c) If subcontractors are proposed, they shall provide the same information required for the prime contractor, unless otherwise noted below.
(d) If only one offer is received, DFARS 252.215-7008 Only One Offer, will apply. See Section L for the clause.
3.3 Cost/Price Information:
Offerors shall propose identical labor mix at the IDIQ level in accordance with the Grand Totals for labor categories in table in Section 2.0, Labor Categories and Labor Hours, under L-2 Government Furnished Information. Offerors shall submit their fully completed cost/price proposal utilizing the Cost Summary Format (Attachment P-6). The spreadsheet shall be formatted on letter size (8.5 X 11) paper and shall be unprotected and unlocked, with formulae intact to show mathematical operations. The Offeror shall use the CLIN Summary tab to breakout total proposed costs by CLIN.
Complete Attachment P-8, (Fully Burdened Labor Rates), detailing the fully burdened labor rates for all prime contractors and their subcontractor personnel. Fully burdened labor rates are defined as direct labor rates plus all applicable burdens, to include indirect rates, fee, and subcontractor pass-through costs where applicable. For subcontractor labor, the fully burdened labor rates shall be inclusive of any pass-through charges (e.g., subcontractor handling, fixed fee on subcontractor labor, etc.) applied by the prime contractor. Proposed fully burdened labor costs may be subject to the NAVAIR labor tripwire identified in Section M. Offerors that propose a fully burdened per employee labor cost exceeding the labor tripwire shall provide rationale in their cost proposal narrative section that justifies the reasonableness of the tripwire cost for the applicable employees.
(a) The Government is not soliciting any investments. However, in order for the Government to properly assess a proposed cost/price that appears low due to a corporate decision to absorb costs, e.g., lower than usual burdens or rates, the Offeror shall fully identify and explain any such investments.
(b) Direct/Indirect Rates: The Offeror shall submit Forward Pricing Rate Agreements (FPRAs), Collective Bargaining Agreements (CBAs), and Area Wage Determinations (AWDs) as applicable for all proposed personnel. The Offeror shall identify whether the labor rates proposed are FPRAs, CBAs, AWDs, ACO/DCAA recommended rates (FPRRs), or Offeror proposed rates (FPRPs). The Offeror shall propose in compliance with the current hourly rate set forth in the Department of Labor Wage Determination as applicable. The Offeror shall provide Defense Contract Audit Agency (DCAA) Information/Payroll Verification information as follows: A DCAA point of contact, with a current e-mail address, must be provided for the prime and each subcontractor. The Offeror and
N0042117R0055
Page 104 of 118 proposed subcontractors shall provide the most current DCAA Provisional Billing Rate Approval Letter, DCAA Final Billing Rate Approval Letter, and/or DCAA Forward Pricing Rate Agreement recommendation, payroll verification for currently employed proposed personnel, and any other information necessary to substantiate the rates proposed. Payroll verification shall consist of a form containing the title, direct labor rate, and a signed certification by an authorized representative of the company that the information contained in the form is correct. For contingent hires, the offeror shall provide contingent offer letters outlining salary information for contingent hire employees. For any prospective hires for any non-key personnel, provide information to substantiate the rates proposed. All contingent hires shall have a letter of intent submitted under the Cost Volume. The letter of intent is a separate written agreement signed by the potential employee(s) to work for the Offeror effective at contract award. Any proposed consultants shall have a consultant agreement substantiating the rates proposed. If a composite rate or other pricing methodology (e.g. cost estimating relationships) is utilized, the Offeror shall demonstrate how those rates were developed. Subcontractors and team members shall provide this information either separately or included in the Offeror’s submission of this document.
The following definition applies: - A “contingent hire” is an individual who has committed, under a signed letter of intent, inclusive of salary information, to being employed by the Offeror if the Offeror is awarded the contract.
If any of the rates utilized by the Offeror or any subcontractors differ from the DCAA information and/or payroll verification, a justification shall be provided for the difference. If DCAA has not reviewed the rate information for an Offeror or one of its subcontractors, the Offeror must submit a detailed justification of the proposed direct and indirect rates. The Offeror shall also provide documentation verifying that it has a DCMA approved Accounting System in accordance with DFARS clause 252.242-7006, or state that its Accounting System has not been approved by DCMA. Offerors shall provide the last three (3) years of actual indirect information. The Government may compare a prospective Offeror’s labor category rate to the average labor rate from industry.
(c) Except for FFP type of CLINs (e.g., CPFF, CPIF, or CPAF) under the solicitation, the Offeror shall fully disclose the buildup of cost/price of each CLIN.
(d)When completing the Cost Summary Spreadsheet (Attachment (P-6), the Offeror shall not utilize any fully burdened hourly rates when pricing the labor of its employees.
(e) Provide a narrative that addresses any assumptions made during the preparation of the cost/price proposal and discuss the basis for the cost elements listed below: Direct labor rates by category. The Offeror is required to submit labor rates for all proposed current, contingent, and prospective hire individuals. If composite or category averages are proposed, provide a breakdown of how rates are developed. If necessary provide a narrative to describe derivation of labor rates, use of uncompensated overtime, pools to which indirect rates are applied, historical /provisional billing rates for indirect rates for the last 3 years and description, and amount of proposed other direct costs. If the Offeror requires the use of consultants in performance of the effort, the consultant cost shall be captured under the appropriate labor CLIN not the ODCs CLIN. Escalation on labor. Offerors, including subcontractors, shall address escalation for all Non-SCA labor categories, and shall provide rationale for the specific escalation rate used. Offerors that do not include escalation, or an explanation as to why it is not included, may be considered unrealistically low and may have their proposals adjusted by the Government to include escalation in the option periods. Indirect costs (e.g., Overhead, Fringe Benefits, General & Administrative (G&A), etc.) Information needed to explain the offeror’s estimating practices Profit/Fee: Identify profit/fee rate and total amounts proposed and identify the various cost elements to which the profit/fee is being applied. Profit, Base, Award, and Incentive fee rates, as applicable in Section B, must be clearly distinguishable. Profit/Fee shall not be applied to ODCs. Other Direct Costs (ODCs) by specific cost element (e.g., Travel, Material, and NMCI). Reimbursement for Travel will be in accordance with FAR 31.205-46. If the Offeror proposes burdens on the Government provided ODC estimates, the Offeror shall provide a percentage breakdown of the Offeror’s indirect costs and burdens added to the Government estimates for any and all Cost Reimbursable CLINs in Section B.
N0042117R0055
Page 105 of 118
When the Offeror elects to claim Cost of Money (COM) as an allowable cost, the Offeror must submit a COM form and show the calculations of the proposed amount. To facilitate the establishment of streamlined task orders, the offeror shall complete Attachment P8, Streamlined Rates for Order Pricing.
Composite Fully Burdened Rates: Attachment P8 spreadsheet will consist of composite rates for each labor categories, exclusive of fee. For purposes of this particular spreadsheet, composite rates are defined as direct labor rates plus all applicable burdens, to include indirect rates, and subcontractor pass-through costs where applicable, but exclusive of fee. These rates will be incorporated into clause B-1 of the contract. The Government will utilize the rates when developing estimated labor ceilings for task orders by using the estimated hours per labor category multiplied by the composite rates found in Section B. (Only required from Prime contractor).
Fixed Fee (Non-Performance Based/Level of Effort): Fixed Fee will be calculated by the Government in accordance with clause B-2 of the contract at the time of ordering.
3.4 Government Furnished Information 3.4.1 ODCs The Government's not to exceed estimate for ODCs for the prime and all subcontract efforts, unburdened is listed below: CLIN Year 1 Year 2 Year 3 Year 4 Year 5 Total Travel $650,000 $650,000 $650,000 $650,000 $650,000 $3,250,000 Material $100,000 $100,000 $100,000 $100,000 $100,000 $500,000
The Offeror shall propose its Travel and Material costs in accordance with the above Government estimates. If it is the Offeror’s accounting practice to apply (and invoice for) burdens to its Travel and Material, then the Offeror shall propose the ODC amount plus the addition of its applicable burdens. Offerors shall propose an overall cumulative five (5) year ODC Travel and Material total (with applicable burdens) for CLIN 0007. If the Offeror chooses not to burden ODCs, then the Offeror shall propose an H-clause to identify this special term and condition. (NO FEE SHALL BE APPLIED TO TRAVEL OR MATERIAL).
3.4.2. Labor Hours The Government estimate is 852,385 hours for the entire work effort, inclusive of options. All work is performed on Government site. A work-year is defined as 1920 hours exclusive of holidays and leave. For evaluation purposes, the Offeror shall propose the labor categories/hours as outlined below:
Labor Category Gov’t Site SOC Hours Hours Hours Hours Hours Code Year 1 Year 2 Year 3 Year 4 Year 5
Aerial Photographer: Pax River 27-4021 3,840 3,840 3,840 3,840 3,840 Anti-Sub Warfare Operator: Pax River 55-3011 1,920 1,920 1,920 1,920 1,920 C/KC-130 Flight Engineer: Pax River/ 17,280 17,280 17,280 17,280 17,280 55-3011 Pt Magu C/KC-130 Loadmaster: Pax River 55-3011 7,680 7,680 7,680 7,680 7,680 C/KC-130 Pilot (CAT A/B): Pax River/ 13,440 13,440 13,440 13,440 13,440 53-2011 Pt Magu C/KC-130 Pilot (CAT C/D): Pax River 53-2011 480 480 480 480 480 C-2/E-2 Flight Technician: Pax River 55-3011 2,592 2,592 2,592 2,592 2,592 C-38 Pilot Pax River 53-2011 480 480 480 480 480 CH-53K Test Pilot (CAT Pax River 1,920 1,920 1,920 1,920 1,920 53-2011 A/B/C/D):
N0042117R0055
Page 106 of 118
Commercial Derivative Aircraft Pax River/ 3,840 3,840 3,840 3,840 3,840 Pilot: PtMagu/ 53-2011 ChinaLake Co-pilot/P3 (P-3, C-130, P-8): Pax River 53-2011 1,920 1,920 1,920 1,920 1,920 E-2/C-2 Pilot (CAT A/B): Pax River 53-2011 3,840 3,840 3,840 3,840 3,840 E-2/C-2 Test Pilot (CAT C/D): Pax River 53-2011 3,456 3,456 3,456 3,456 3,456 E-2/C2 Weapon System Pax River 5,760 5,760 5,760 5,760 5,760 Operator/Flight Test Engineer 55-3011 (NFO CAT C/D):
E-2/C-2 Weapon System Pax River 7,680 7,680 7,680 7,680 7,680
Operator/Flight Test Engineer 55-3011 (NFO) (CAT A/B):
E-6B Airborne Communicator Pax River 960 960 960 960 960 (ACOM) (CAT A/B): 55-3011 E-6B Combat System Officer Pax River 960 960 960 960 960 55-3011 (CSO) (CAT A/B): E-6B Flight Engineer: Pax River 55-3011 2,496 2,496 2,496 2,496 2,496 E-6B Flight Technician: Pax River 55-3011 1,920 1,920 1,920 1,920 1,920 E-6B Pilot (CAT A/B): Pax River 53-2011 3,168 3,168 3,168 3,168 3,168 E-6B Reel Operator: Pax River 55-3011 154 154 154 154 154 E-6B Test Pilot (CAT C): Pax River 53-2011 96 96 96 96 96 EP-3E Flight Test Technician: Pax River 55-3011 96 96 96 96 96 F-18 Pilot (CAT A/B/C): Pax River 53-2011 960 960 960 960 960 F-18 WSO (CAT A/B/C): Pax River 53-2011 2,150 2,150 2,150 2,150 2,150 Fixed Wing Instructor Pilot: Pax River 53-2011 960 960 960 960 960 H-60 SAR Pilot: Pax River/ 2,400 2,400 2,400 2,400 2,400 53-2011 China Lake H-60 Test Pilot (CAT A/B/C/D) Pax River 53-2011 2,112 2,112 2,112 2,112 2,112 Helicopter Maintenance/FCF Test Pax River 384 384 384 384 384 53-2011 Pilot: Helicopter Mission Systems Pax River 7,680 7,680 7,680 7,680 7,680 55-3011 Operator (CAT A/B/C): Helicopter Test Pilot (CAT Pax River 384 384 384 384 384 A/B/C): 53-2011 Helicopter/Tilt Rotor Aircrew Pax River 1,920 1,920 1,920 1,920 1,920 55-3011 man: KC-130 Navigator: Pax River/ 1,344 1,344 1,344 1,344 1,344 53-2011 Pt Magu KC-130J Crewmaster: Pax River 55-3011 384 384 384 384 384 Non-Flying Fixed and Rotary Pax River 774 774 774 774 774 53-2011 Wing Flight Instructors Observer: Pax River 55-3011 384 384 384 384 384 P-3 Flight Technician: Pax River 55-3011 3,840 3,840 3,840 3,840 3,840
N0042117R0055
Page 107 of 118
P-3 Weapon System Pax River/ 3,840 3,840 3,840 3,840 3,840 Operator/Flight Test Engineer Pt Magu 53-2011 (NFO): P-3/EP-3 Pilot (CAT A/B): Pax River/ 960 960 960 960 960 53-2011 Pt Magu P-3/EP-3 Pilot (CAT C/D): Pax River 53-2011 3,840 3,840 3,840 3,840 3,840 P-3C/EP-3 Flight Engineer: Pax River 55-3011 1,920 1,920 1,920 1,920 1,920 P-8 Mission Systems Operator Pax River 4,205 4,205 4,205 4,205 4,205 55-3011 (CAT A/B/C): P-8 Test Pilot (CAT A): Pax River 53-2011 1,152 1,152 1,152 1,152 1,152 P-8 Test Pilot (CAT B/C/D): Pax River 53-2011 3,840 3,840 3,840 3,840 3,840 P-8 Weapon System Pax River 1,152 1,152 1,152 1,152 1,152 Operator/Flight Test Engineer 53-2011 (NFO, CAT A): P-8 Weapon System Pax River 3,994 3,994 3,994 3,994 3,994 Operator/Flight Test Engineer 53-2011 (NFO, CAT B/C/D): Program/Project Analyst/Specialist Pax River 53-2011 1,920 1,920 1,920 1,920 1,920 Rotary Wing Instructor Pilot: Pax River 960 960 960 960 960 53-2011
Selected Passenger: Pax River 480 480 480 480 480 55-3011
Systems Instructor: Pax River 53-2011 960 960 960 960 960 T-6A/B Test Pilot (CAT A/B/C/D) Pax River 53-2011 768 768 768 768 768 Tilt Rotor Pilot: Pax River 53-2011 960 960 960 960 960 UAS Ground Station Operator: Pax River/ 400 400 400 400 400 53-2011 Pt Magu UAS GROUP 3 SMALL Pax River 192 192 192 192 192 INTERNAL/EXTERNAL (AVO) 53-2011 (CAT A/B): UAS Group 4 Air Vehicle Pax River/ 400 400 400 400 400 53-2011 Operator (AVO) (CAT A/B): Pt Magu UAS GROUP 4 TEST AIR Pax River 192 192 192 192 192 VEHICLE OPERATOR (AVO) 53-2011 (CAT C/D): UAS Group 5 Air Vehicle Pax River 2,112 2,112 2,112 2,112 2,112 Operator (AVO) (CAT A/B): 53-2011 UAS Group 5 Ground Pax River 768 768 768 768 768 Maintenance Vehicle Operator 53-2011 (GMVO): UAS Group 5 Test Air Vehicle Pax River 4,032 4,032 4,032 4,032 4,032 Operator (AVO) (CAT A/B/C/D): 53-2011 UAS Group 5 Test Tactical Pax River 4,032 4,032 4,032 4,032 4,032 Coordinator (TACCO) (CAT 53-2011 A/B): UAS Group 5 Test Tactical Pax River 2,688 2,688 2,688 2,688 2,688 Coordinator (TACCO) (CAT 53-2011 A/B/C/D):
N0042117R0055
Page 108 of 118
UAS Mission Payload Operator Pax River/ 6,144 6,144 6,144 6,144 6,144 53-2011 (MPO): Pt Magu VH-3 Test Pilot (CAT A/B/C/D): Pax River 53-2011 4,032 4,032 4,032 4,032 4,032 VH-60 Test Pilot (CAT A/B/C/D): Pax River 2,112 2,112 2,112 2,112 2,112 53-2011
VH-92 Test Pilot (CAT A/B/C/D): Pax River 53-2011 768 768 768 768 768 Total 170,477 170,477 170,477 170,477 170,477
3.7.3 Incumbent Information
The incumbent contractors are:
Wyle Laboratories, Inc. 7800 Highway 20W Huntsville, AL 35806-2049
The incumbent subcontractors are:
ASEC, AVIAN, COMPASS, EAGLE Systems and SAM Inc.
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.207-2 Notice Of Streamlined Competition MAY 2006 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.215-16 Facilities Capital Cost of Money JUN 2003 52.215-20 Requirements for Certified Cost or Pricing Data or OCT 2010 Information Other Than Certified Cost or Pricing Data 52.215-22 Limitations on Pass-Through Charges--Identification of OCT 2009 Subcontract Effort 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation FEB 1999 52.222-46 Evaluation Of Compensation For Professional Employees FEB 1993 52.237-1 Site Visit APR 1984 52.237-10 Identification of Uncompensated Overtime MAR 2015
CLAUSES INCORPORATED BY FULL TEXT
52.216-1 TYPE OF CONTRACT (APR 1984) The Government anticipates the award of a Single Award Indefinite Delivery/Indefinite Quantity contract with Cost Plus Fixed Fee (CPFF) and Cost Reimbursement CLINs resulting from this solicitation.
N0042117R0055
Page 109 of 118
52.233-2 SERVICE OF PROTEST (SEP 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from AIR-2.5.1.12, 21983 Bundy Road, Building 441, Patuxent River, Maryland 20670 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/ or http://www.farsite.hill.af.mil/.
252.215-7008 ONLY ONE OFFER (OCT 2013)
(a) After initial submission of offers, the Offeror agrees to submit any subsequently requested additional cost or pricing data if the Contracting Officer notifies the Offeror that--
(1) Only one offer was received; and
(2) Additional cost or pricing data is required in order to determine whether the price is fair and reasonable or to comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 2306a and FAR 15.403-3).
(b) Requirement for submission of additional cost or pricing data. Except as provided in paragraph (c) of this provision, the Offeror shall submit additional cost or pricing data as follows:
(1) If the Contracting Officer notifies the Offeror that additional cost or pricing data are required in accordance with paragraph (a) of this clause, the data shall be certified unless an exception applies (FAR 15.403-1(b)).
(2) Exceptions from certified cost or pricing data. In lieu of submitting certified cost or pricing data, the Offeror may submit a written request for exception by submitting the information described in the following paragraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.
(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.
(ii) Commercial item exception. For a commercial item exception, the Offeror shall submit, at a minimum, information on prices at which the same item or/similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include—
N0042117R0055
Page 110 of 118
(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;
(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market; or
(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.
(3) The Offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the Offeror's determination of the prices to be offered in the catalog or marketplace.
(4) Requirements for certified cost or pricing data. If the Offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:
(i) The Offeror shall prepare and submit certified cost or pricing data and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used, unless the Contracting Officer and the Offeror agree to a different format.
(ii) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406- 2.
(c) If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or pricing data are required in accordance with 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide the following:
(1) Profit rate or fee (as applicable).
(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at FAR 15.404-1).
(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S. Contracting Officer that the proposed price is fair and reasonable [U.S. Contracting Officer to provide description of the data required in accordance with FAR 15.403-3(a)(1) with the notification].
(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.
(d) If negotiations are conducted, the negotiated price should not exceed the offered price.
(End of provision)
N0042117R0055
Page 111 of 118
5252.209-9513 ORGANIZATIONAL CONFLICT OF INTEREST INSTRUCTIONS (SERVICES) (NAVAIR)(JUN 1993) (a) In accordance with FAR 9.507-1, the potential conflict of interest for this solicitation in the Contracting Officer's judgment would involve any prime contractor, subcontractor, co-sponsor, parties to a joint venture, consultant or other legal entity (1) who because of activities or relationships is unable to render impartial assistance or advice to the Government, or (2) whose objectivity in performing the contemplated contract work is or might otherwise be impaired, or (3) who has an unfair competitive advantage in regards to Aircrew Support Services. (b) This solicitation contains special provision clause in Section H entitled, "Organizational Conflicts of Interest", which is to appear in the awarded contract. (c) If the offeror has checked Block one of the NAVAIR 5252.209-9511, "Conflicts of Interest Representation" in Section K, indicating a potential conflict exists, the offeror shall in accordance with the 5252.209-9510, "Organizational Conflict of Interest" clause in Section H, disclose any and all information necessary to ascertain whether an organizational conflict of interest does exist, and if so, whether a waiver should be requested. (d) The offeror shall take all reasonable steps to obtain documentation of organizational conflicts of interest, and shall cooperate fully with the Government in resolving such issues expeditiously. (e) Along with responses to this solicitation, offerors must either (1) submit the following information concerning any existing or planned contracts with, or interests in, the suppliers and/or equipment identified in Attachment [Insert attachment number]; or (2) state that to the best of the offeror's knowledge no such interest or contract exists: (1) a description of the conflict of interest (e.g., weapons systems supplier(s), corporate restructuring, first-tier subcontractor(s)) and identity of parties involved; (2) a description of the work to be performed; (3) the dollar amount; (4) the period of performance; and (5) a description of the contractor's internal controls and planned actions, to avoid any potential organizational conflict of interest. (f) Documentation referred to above may be submitted in advance of proposal submission but must be submitted no later than the closing date for receipt of offers. (g) Disclosure of Potential Conflict of Interest by Offerors. (1) The offeror agrees to disclose, in writing and prior to the closing date for receipt of offers, any relevant facts pertaining to work previously performed or presently being performed by the offeror under private and Government contracts wherein the subject matter includes systems, components, technology, or services identical or similar to that encompassed by the proposed contract and which might give rise to the appearance of an organizational conflict of interest. Such disclosure should set forth all relevant facts including identification of contracts under which work was or is being performed. (2) If any of the contracts identified pursuant to subparagraph (g)(1) contain an Organizational Conflict of Interest Provision, the offeror may request a waiver of that provision and propose contractual safeguards or job procedures to mitigate conflicting roles that might produce an Organizational Conflict of Interest. (3) Any documentation submitted pursuant to this subparagraph shall identify this procurement by IFB/RFP or other appropriate number as a reference and shall be forwarded to: [Provide the mailing address of the purchasing office] ATTN: Organizational Conflict of Interest Material (h) The Contracting Officer will determine whether such interests or contracts present potential organizational conflicts of interest that should preclude award to the offeror.
5252.215-9503 ANTICIPATED AWARD DATE (NAVAIR)(FEB 1995) The anticipated award date for this requirement is 16 August 2019. This information is provided for use as a basis for schedules and burden (labor, overheads, G&A, etc.) mid-point calculations.
N0042117R0055
Page 112 of 118
5252.233-9500 PROTEST/APPEAL FILED WITH THE NAVAL AIR SYSTEMS COMMAND (NAVAIR) (MAR 1999) (a) Agency protests/appeals will be processed in accordance with the procedures established at FAR 33.103. A protest to the Naval Air Systems Command shall be filed with the Contracting Officer whose name and address are shown in FAR Clause 52.233-2, "Service of Protest" of this solicitation. (b) The protester may request an independent review of the Contracting Officer's decision on the protest by filing a written appeal with: *The Chief of the Contracting Office (AIR -2.5.1) Naval Air Warfare Center, Aircraft Division 21983 Bundy Road, Bldg 441 Patuxent River, Maryland 20670
(c) The appeal must be received by the Chief of the Contracting Office within 10 calendar days after the Contracting Officer's protest decision was issued. The appeal shall include (1) the name, address, and fax and telephone numbers of the appellant; (2) the solicitation or contract number; (3) a detailed statement of the factual grounds for the appeal, to include a description of resulting prejudice to the appellant; (4) copies of relevant documents; (5) a request for an independent review by the Chief of the Contracting Office; (6) a statement as to the form of relief requested; and, (7) all information establishing the timeliness of the appeal.
N0042117R0055
Page 113 of 118
Section M - Evaluation Factors for Award
M-EVALUATION FACTORS FOR AWARD (SERVICES) (7 August 2018)
PART A: GENERAL INFORMATION
1.0 GENERAL
The Government expects to select one Offeror whose proposal offers the “best value” to the Government, using the trade-off method. "Best value" means the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit(s) in response to the requirement. The Offeror is advised that the lowest priced proposal meeting the solicitation requirements may not be selected for an award if award to a higher priced Offeror is determined to be more beneficial to the Government. However, the perceived benefits of the higher priced proposal must merit the additional price.
2.0 EVALUATION PROCESS
For all the Technical factor(s)/subfactors, a combined Technical/Risk rating will be assigned. This method reflects whether the proposal meets or does not meet the minimum requirements along with an assessment of the strengths, weaknesses, significant weaknesses, and deficiencies of the proposal to determine the combined Technical/Risk rating. The benefit to the Government associated with assessed strengths along with technical risk will be considered in determining whether the Offeror’s proposal rises to a level of being thorough or exceptional. Assessment of technical risk considers potential for disruption of schedule, increase in costs, degradation of performance, the need to increase Government oversight, or the likelihood of unsuccessful contract performance. Offerors are advised that during the evaluation process, a technical factor with an “Unacceptable” Technical/Risk Rating may result in the entire proposal being found unacceptable and eliminated from the competition.
Under Past Performance, the Government will evaluate recent performance to determine how well an Offeror has performed work similar to the work required by the solicitation. When proposals are received from joint ventures, specifically formed by the Offeror to propose on a particular acquisition, the past performance evaluation will consider each individual Joint Venture team member’s relevant past performance. After evaluating the Offeror’s past performance information, a Performance Confidence Assessment Rating will be assigned. More relevant past performance will typically be a stronger predictor of future success and have more influence on the Performance Confidence Assessment Rating than past performance of lesser relevance. In the case of an Offeror without a record of relevant past performance, the Offeror will receive a Performance Confidence Assessment Rating of “Unknown Confidence (Neutral)” which is considered a “Neutral” rating.
3.0 EVALUATION FACTORS FOR AWARD
Evaluation factors are listed in descending order of importance: 1. Technical a) Management Plan b) Workforce Qualifications 2. Past Performance 3. Price/Cost
Technical subfactors are listed in descending order of importance: A. Management Plan B. Workforce Qualifications
Technical with subfactors and Past Performance, when combined, are significantly more important than price/cost. Price/Cost is not the most important evaluation factor, but its degree of importance will increase commensurably with the degree of equality among different offeror’s non-cost factors.
N0042117R0055
Page 114 of 118
PART B: SPECIFIC INFORMATION
1.0 TECHNICAL
The Government will evaluate the proposal to determine the Offeror understanding of, approach to, and ability to meet the solicitation requirements. The Government will assess the Offeror’s Technical Proposal with respect to its compliance with the solicitation requirements and the risk associated with the Offeror’s approach to meet the solicitation requirements. Additionally, inconsistencies between the Technical and Cost/Price proposals may result in the assessment of up to high proposal risk under this factor. The evaluation of Offeror’s Technical proposal will include an assessment of the following technical sub-factors:
1.1 Management Plan: The Government will evaluate the Offeror’s proposed management approach based on the information required by Section L of this solicitation. The management approach will be evaluated to assess the Offeror’s ability to plan, manage, staff, transition plan and execute the contract and the extent to which any proposed processes and procedures ensure successful accomplishment of the tasks described in the Statement of Work (SOW).
The Offeror's strategy for utilizing Small Business, Veteran-Owned Small Business, Service-Disabled Veteran- Owned Small Business, HUBZone Small Business, Small Disadvantaged Business and Women-Owned Small Business will be evaluated.
1.2 Workforce Qualifications: The Government will evaluate the Offeror’s proposed Work Statement Approach utilizing the information required by Section L of this solicitation. The Work Statement will be evaluated to assess the Offeror’s understanding and capability to accomplish all of the requirements of the SOW. The Government will evaluate the proposed manning approach and the supporting information to determine if they meet the minimum qualification requirements. The proposed Workforce Qualification worksheet (ATT_P-1) will be assessed to determine the capability of the Offeror to meet the personnel qualification requirements of the SOW.
2.0 PAST PERFORMANCE
There are three aspects to the past performance evaluation: Recency, Relevancy, and Quality.
2.1 Recency: The first aspect of the past performance is to evaluate the recency of the Offeror’s past performance being evaluated. Past performance will be considered recent if the contract/order has been performed within five years of the solicitation release date. Past Performance that is not recent will not be considered in the evaluation.
2.2 Relevance: The second aspect of the past performance evaluation is to evaluate how relevant the Past Performance being evaluated is to the requirements of this solicitation. The Government will use the following aspects to determine relevancy for this evaluation: Relevant contracts are contracts in which the performance effort involves similar scope and magnitude of effort and complexities this solicitation requires.
2.3 Quality: The third aspect of the past performance evaluation is to evaluate the overall Quality of the Offeror’s recent relevant, past performance. The Government will evaluate the Offeror, principal subcontractors, and Joint Venture team member’s and focus its evaluation on the following areas: 1) meeting technical requirements, i.e., the quality of technical performance; 2) meeting schedule requirements, e.g., on time or late delivery; 3) controlling contract cost; 4) managing the contracted effort; 5) the demonstrated systemic improvement actions taken to resolve past problems; and 6) utilization of small business. A separate quality rating will not be assigned, rather the past performance confidence assessment rating is based on the Offeror’s overall record of past performance taking into account the Recency, Relevancy, and Quality of Performance.
3.0 PRICE/COST
Cost Reimbursement CLINs:
N0042117R0055
Page 115 of 118
Except for otherwise unacceptable proposals when awarding on initial proposals, the Government will perform a cost realism analysis to determine the most probable cost (MPC) for each applicable offeror’s proposal. Cost realism analysis is the process of independently reviewing and evaluating specific elements of each Offeror’s proposed cost to determine whether the proposed cost is realistic for the work to be performed and are consistent with the unique methods of performance and materials described in the Offeror’s technical proposal. In conducting its cost realism evaluation, the Government may review the prospective Offeror’s proposed labor categories and compare the proposed rate to the average labor rate in industry or other similar rates within the same demographic zone where the work is to be performed. Pertinent cost information, including but not limited to DCAA- recommended rates for such costs as direct labor, overhead, G&A, etc., as necessary and appropriate, will be used to arrive at the Government determination of the MPC for the performance of this contract. In addition, adjustments to the cost portion of the offer may be made to include Government costs required to accomplish the Offeror’s proposed approach (e.g., additional Government-Furnished Property/Government-Furnished Information required by the Offeror to implement its approach) with the exception of those costs to the Government that are equal to all Offerors. The MPC is an Offeror’s total cost, including fee and any additional adjustments the Government has determined necessary to make the proposed cost realistic for all periods. The Government will use the results of its cost realism analysis to determine the MPC of performance for each Offeror. The MPC may differ from the proposed cost. The higher of the MPC or proposed cost will be used for purposes of evaluation to determine the best value. Contract awarded value, however, will be based upon the successful Offeror’s proposed costs.
Unrealistically low costs or inconsistencies between the technical and cost proposals may be assessed as a technical risk and could be considered weaknesses under the technical factor. Therefore, any inconsistency, whether real or apparent, between the technical proposal and cost proposal should be explained in the narrative section of the cost/price proposal.
In accordance with FAR 15.404-1(b)(2), various price analysis techniques and procedures will be employed to ensure the prices being proposed for this requirement are fair and reasonable. To assist in the overall determination of price reasonableness, the Government will identify all instances where a proposed fully burdened labor cost exceeds $300,000.00 annually per employee. This also applies to a fully burdened subcontractor employee labor cost, inclusive of the prime contractor’s pass-through burden. A proposed fully burdened labor cost that exceeds $300,000.00 annually per employee may ultimately be determined unreasonable absent justification.
Overall Summary Level for all CLINs
Normally, adequate price competition establishes price reasonableness. In limited situations, additional analysis will be required by the Government to determine reasonableness. If, after receipt of a proposal, the PCO determines that adequate price competition does not exist and a determination is made that none of the exceptions in FAR 15.403- 1(b) apply, the Offeror may be required to provide certified cost and pricing data in accordance with FAR 15.403-4.
Prospective Offerors are forewarned that if there are discrepancies between Section B, Attachment (P-6), and Volume 3 Narrative, Section B prevails.
4.0 EVALUATION OF OPTIONS
Clause 52.217-8, Option to Extend Services, is incorporated in the solicitation. Total evaluated cost/price will also include the six (6) month performance period permitted under the clause, to account for a situation where invoking of the clause, in whole or part, becomes necessary. Specifically, the evaluated cost/price of this six-month period will be calculated by dividing the final year of the ordering period by 12 to establish an estimated monthly amount. The monthly amount will then be multiplied by six to establish the estimated cost for the six-month option to extend services.
PART C: EVALUATION RATING AND RISK ASSESSMENT DEFINITIONS
The definitions below will be used by the Government when assessing solicitation compliance and the expected results of the Offeror's proposed approach.
N0042117R0055
Page 116 of 118
1.0 TECHNICAL EVALUATION RATINGS AND RISK ASSESSMENT DEFINITIONS
The definitions below will be used by the Government when assessing solicitation compliance and the expected results of the offeror's proposed approach. The appropriate adjectival rating will be assigned to each factor and subfactor, as required. The Government will utilize a combined technical/risk rating for this effort.
2.0 TECHNICAL EVALUATION RATINGS
Combined Technical/Risk Ratings: The combined technical/risk assignments are provided in the table below.
COMBINED TECHNICAL/RISK RATING Rating Description Outstanding Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low. Good Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate. Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate Marginal Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.
Unacceptable Proposal does not meet requirements of the solicitation, and thus contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is unawardable.
3.0 PAST PERFORMANCE RELEVANCY RATINGS
Past Performance Relevancy Ratings: More relevant past performance will typically be a stronger predictor of future success and have more influence on the past performance confidence assessment than past performance of lesser relevance.
Rating Definition Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires. Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires. Somewhat Relevant Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires. Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.
4.0 PERFORMANCE CONFIDENCE ASSESSMENT RATINGS
The Government will employ the Performance Confidence Assessments Rating Method described in the table below. In the case of an Offeror without a record of recent relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the Offeror shall be determined to have unknown or neutral past performance.
N0042117R0055
Page 117 of 118
Performance Confidence Assessment Rating: Performance Confidence Assessment rating assignments reflect the Government’s confidence that the Offeror will successfully perform the solicitation’s requirements based on the Offeror’s recent and relevant past performance record.
Rating Description Substantial Confidence Based on the Offeror’s recent/relevant performance record, the Government has a high expectation that the Offeror will successfully perform the required effort. Satisfactory Confidence Based on the Offeror’s recent/relevant performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort. Neutral Confidence No recent/relevant performance record is available or the Offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. Limited Confidence Based on the Offeror’s recent/relevant performance record, the Government has a low expectation that the Offeror will successfully perform the required effort. No Confidence Based on the Offeror’s recent/relevant performance record, the Government has no expectation that the Offeror will be able to successfully perform the required effort.
6.0 OTHER DEFINITIONS
Strengths: An aspect of an Offeror’s proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.
Weakness: A flaw in the proposal that increases the risk of unsuccessful contract performance. (FAR15.001)
Significant Weakness: A flaw that appreciably increases the risk of unsuccessful contract performance. (FAR 15.001)
Deficiency: a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increase the risk of unsuccessful contract performance to an unacceptable level. (FAR 15.001)
Recency: as it pertains to past performance information, is a measure of the time that has elapsed since the past performance reference occurred. Recency is generally expressed as a time period during which past performance references are considered relevant.
Relevancy: as it pertains to past performance information, is a measure of the extent of similarity between the service/support effort, complexity, dollar value, contract type, and subcontract/teaming or other comparable attributes of past performance examples and the source solicitation requirements; and a measure of the likelihood that the past performance is an indicator of future performance.
Risk: as it pertains to source selection, is the potential for unsuccessful contract performance. The consideration of risk assesses the degree to which an Offeror’s proposed approach to achieving the technical factor or subfactor may involve risk of disruption of schedule, increased cost or degradation of performance, the need for increased Government oversight, and the likelihood of unsuccessful contract performance.
N0042117R0055
Page 118 of 118