1. CONTRACT ID CODE 2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 21 6. ISSUED BY CODE PAGE OF PAGES U AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 4. REQUISITION/PURCHASE REQ. NO. 08-Oct-2014 N00421 2 5. PROJECT NO. (If applicable) 1300457730 N/A 7. ADMINISTERED BY (If other than Item 6) CODE S2101A Naval Air Warfare Center Aircraft Division (PAX Annex 1) DCMA Baltimore 22299 Exploration Drive, Suite 301 217 EAST REDWOOD STREET, SUITE 1800 Lexington Park MD 20653-2058 BALTIMORE MD 21202-5299 [email protected] 301-757-2611 8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State, and Zip Code) 9A. AMENDMENT OF SOLICITATION NO. Rollout Systems, LLC 10015 Old Columbia Road, Suite B 215 9B. DATED (SEE ITEM 11) Columbia MD 21046-1865 10A. MODIFICATION OF CONTRACT/ORDER NO. [X] N00178-05-D-4539-M801 10B. DATED (SEE ITEM 13) CAGE CODE 1XA37 FACILITY CODE 16-May-2013 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS [ ]The above numbered solicitation is amended as set forth in Item 14. [ ] [ ] The hour and date specified for receipt of Offers is extended, is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15, and returning one (1) copy of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. 12. ACCOUNTING AND APPROPRIATION DATA (If required) SEE SECTION G 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. (*) [ ] [ ] A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A. B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.)SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b). [ ] C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: [X] D. OTHER (Specify type of modification and authority) FAR 43.103(b) and 52.232-22 Limitation of Funds E. IMPORTANT: Contractor [ X ] is not, [ ] is required to sign this document and return copies to the issuing office. 14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.) SEE PAGE 2 15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) Bruce B Stouffer, Contracting Officer 15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED BY 08-Oct-2014 (Signature of person authorized to sign) NSN 7540-01-152-8070 PREVIOUS EDITION UNUSABLE /s/Bruce B Stouffer (Signature of Contracting Officer) 30-105 STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA FAR (48 CFR) 53.243 CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 2 of 2 FINAL GENERAL INFORMATION The purpose of this modification is to add incremental funding in the anount of $16,652.00. Accordingly, said Task Order is modified as follows: A conformed copy of this Task Order is attached to this modification for informational purposes only. The Line of Accounting information is hereby changed as follows: The total amount of funds obligated to the task is hereby increased from $5,115,517.57 by $16,652.00 to $5,132,169.57. CLIN/SLIN Type Of Fund From ($) By ($) To ($) 700030 WCF 0.00 16,652.00 16,652.00 The total value of the order is hereby increased from $5,328,880.75 by $0.00 to $5,328,880.75. The Period of Performance of the following line items is hereby changed as follows: CLIN/SLIN From To CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 1 of 44 FINAL SECTION B SUPPLIES OR SERVICES AND PRICES CLIN - SUPPLIES OR SERVICES For Cost Type Items: Item PSC Supplies/Services 4000 R425 RDT&E Infrastructure Division Support Services in accordance with Section C, Performance-BasedStatement of Work(PBSOW). (WCF) 400001 R425 Funding in support of CLIN 4000 (WCF) 400002 R425 Funding in support of CLIN 4000 (WCF) 400003 R425 Funding in support of CLIN 4000 (WCF) 400004 R425 Funding in support of CLIN 4000 (WCF) 400005 R425 Funding in support of CLIN 4000 (WCF) 400006 R425 Funding in support of CLIN 4000 (WCF) 400007 R425 Funding in support of CLIN 4000 (WCF) 400008 R425 Funding in support of CLIN 4000 (WCF) 400009 R425 Funding in support of CLIN 4000 (WCF) 400010 R425 Funding in support of CLIN 4000 (WCF) 400011 R425 Funding in support of CLIN 4000 (WCF) 400012 R425 Funding in support of CLIN 4000 (WCF) 400013 R425 Funding in support of CLIN 4000 (WCF) 400014 R425 Funding in support of CLIN 4000 (WCF) 400015 R425 Funding in support of CLIN 4000 (WCF) 400016 R425 Funding in support of CLIN 4000 (WCF) 400017 R425 Funding in support of CLIN 4000 (WCF) 400018 R425 Funding in support of CLIN 4000 (WCF) 400019 R425 Funding in support of CLIN 4000 (WCF) 400020 R425 Funding in support of CLIN 4000 (WCF) 400021 R425 Funding in support of CLIN 4000 (WCF) 400022 R425 Funding in support of CLIN 4000 (WCF) 400023 R425 Funding in support of CLIN 4000 (WCF) 400024 R425 Funding in support of CLIN 4000 (RDT&E) 400025 R425 Funding in support of CLIN 4000 (WCF) 400026 R425 Funding in support of CLIN 4000 (WCF) Qty Unit Est. Cost 1.0 LO Fixed Fee CPFF $2,427,469.85 $101,940.04 $2,529,409.89 Item CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 2 of 44 PSC Supplies/Services Qty Unit Est. Cost Fixed Fee CPFF 1.0 LO $0.00 $0.00 FINAL 400027 R425 Funding in support of CLIN 4000 (WCF) 400028 R425 Funding in support of CLIN 4000 (WCF) 400029 R425 Funding in support of CLIN 4000 (WCF) 400030 R425 Funding in support of CLIN 4000 (WCF) 400031 R425 Funding in support of CLIN 4000 (WCF) 400032 R425 Funding in support of CLIN 4000 (RDT&E) 4001 R425 Technical Data insupport of CLIN 4000. (NSP) (FundType - OTHER) $0.00 For ODC Items: Item PSC Supplies/Services Qty Unit Est. Cost 6000 R425 ODCs in support of CLIN 4000. (Fund Type - TBD) 1.0 LO $41,000.00 600001 R425 Funding in support of CLIN 6000 (WCF) 600002 R425 Funding in support of CLIN 6000 (WCF) 600003 R425 Funding in support of CLIN 6000 (WCF) 600004 R425 Funding in support of CLIN 6000 (WCF) 600005 R425 Funding in support of CLIN 6000 (RDT&E) 600006 R425 Funding in Support of CLIN 6000 (WCF) 600007 R425 Funding in Support of CLIN 6000 (WCF) For Cost Type Items: Item PSC Supplies/Services 7000 R425 RDT&E Infrastructure Division Support Services in accordance with Section C, Performance-BasedStatement of Work(PBSOW). (WCF) 700001 R425 Funding in support of CLIN 7000 (RDT&E) 700002 R425 Funding in support of CLIN 7000 (WCF) 700003 R425 Funidng in support of CLIN 7000 (WCF) 700004 R425 Funidng in support of CLIN 7000 (WCF) 700005 R425 Funidng in support of CLIN 7000 (WCF) 700006 R425 Funidng in support of CLIN 7000 (WCF) 700007 R425 Funidng in support of CLIN 7000 (WCF) Qty Unit Est. Cost 1.0 LO Fixed Fee CPFF $2,582,891.61 $109,579.25 $2,692,470.86 Item PSC CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 3 of 44 Supplies/Services Qty Unit Est. Cost Fixed Fee CPFF $0.00 $0.00 FINAL 700008 R425 Funidng in support of CLIN 7000 (WCF) 700009 R425 Funding in support of CLIN 7000 (WCF) 700010 R425 Funding in support of CLIN 7000 (WCF) 700011 R425 Funding in support of CLIN 7000 (WCF) 700012 R425 Funding in support of CLIN 7000 (WCF) 700013 R425 Funding in support of CLIN 7000 (WCF) 700014 R425 Funding in support of CLIN 7000 (WCF) 700015 R425 Funding in support of CLIN 7000 (WCF) 700016 R425 Funding in support of CLIN 7000 (WCF) 700017 R425 Funding in support of CLIN 7000 (WCF) 700018 R425 Funding in support of CLIN 7000 (WCF) 700019 R425 Funding in support of CLIN 7000 (WCF) 700020 R425 Funding in support of CLIN 7000 (WCF) 700021 R425 Funding in support of CLIN 7000 (WCF) 700022 R425 Funding in support of CLIN 7000 (WCF) 700023 R425 Funding in support of CLIN 7000 (O&MN,N) 700024 R425 Funding in support of CLIN 7000 (RDT&E) 700025 R425 Funding in support of CLIN 7000 (WCF) 700026 R425 Funding in support of CLIN 7000 (WCF) 700027 R425 Funding in support of CLIN 7000 (WCF) 700028 R425 Funding in support of CLIN 7000 (WCF) 700029 R425 Funding in support of CLIN 7000 (WCF) 700030 R425 Funding in support of CLIN 7000 (WCF) 7001 R425 Technical Data insupport of CLIN 7000. (NSP) (FundType - OTHER) 1.0 LO $0.00 7100 R425 RDT&E Infrastructure Division Support Services in accordance with Section C, Performance-BasedStatement of Work(PBSOW). (Fund Type - TBD) 1.0 LO $2,666,153.34 $113,295.68 $2,779,449.02 1.0 LO $0.00 Option 7101 R425 Technical Data insupport of CLIN 7100. (NSP) (FundType - OTHER) Option For ODC Items: $0.00 $0.00 CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 4 of 44 FINAL Item PSC Supplies/Services Qty Unit Est. Cost 9000 R425 ODCs in support of CLIN 7000. (WCF) 1.0 LO $66,000.00 900001 R425 Funding in support of CLIN 9000 (WCF) 900002 R425 Funding in support of CLIN 9000 (WCF) 900003 R425 Funding in support of CLIN 9000 (WCF) 900004 R425 Funding in support of CLIN 9000 (WCF) 900005 R425 Funding in support of CLIN 9000 (WCF) 900006 R425 Funding in support of CLIN 9000 (WCF) 900007 R425 Funding in support of CLIN 9000 (WCF) 900008 R425 Funding in support of CLIN 9000 (WCF) 900009 R425 Funding in support of CLIN 9000 (WCF) 9100 R425 ODCs in support of CLIN 7100. (Fund Type - TBD) 1.0 LO $41,000.00 Option As of the effective date of this modification Zenetex, LLC has been added as a subcontractor to this Task Order. CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 5 of 44 FINAL SECTION C DESCRIPTIONS AND SPECIFICATIONS Item 4000, and Option Items 7000 and 7100 - The Contractor shall provide SERVICES in accordance with Section C - Performance Based Statement of Work (PBSOW) below. Item 6000 and Option Items 9000 and 9100 - The Contractor shall provide ODCs in support of CLINS 4000, 7000, and 7100 in accordance with the PBSOW below. Item 4001 and Option Items 7001 and 7101 - The Contractor shall provide DATA as specified in Exhibit AContract Data Requirements List for CDRLs A001-A004 as required in the PBSOW below. NAVAIR FUNCTIONAL AREA MANAGEMENT (FAM)/ IT PORTFOLIO MANAGEMENT AND RDT&E LAB INFORMATION ASSURANCE SUPPORT TEAM (RLIST) FOR THE RESEARCH, DEVELOPMENT, TEST, AND EVALUATION INFORMATION TECHNOLOGY INFRASTRUCTURE DIVISION Performance-Based Statement of Work 1.0 INTRODUCTION The Research, Development, Test and Evaluation (RDT&E) Infrastructure Division is responsible for the Naval Air Systems Command (NAVAIR) RDT&E network infrastructure. Additionally, this division provides support in the area of NAVAIR Functional Area Management (FAM)/ IT Portfolio Management for the following functional areas: Test & Evaluation, Modeling & Simulation; Science & Technologies; and Information Operations. The RDT&E Infrastructure division also provides information assurance support via the RDT&E Lab Information Assurance Support Team (RLIST) to our RDT&E labs, providing assistance and technical expertise to ensure compliance with various IA mandates and supporting the Certification and Accreditation (C&A) process. The goal of the RDT&E Infrastructure Division is to provide NAVAIR and its government and commercial partners and customer communities of interest with enterprise solutions and services to meet their Information Technology requirements. The division’s support is national in scope, including RDT&E support for more than one hundred fifty (150) laboratories and facilities at Patuxent River, MD; China Lake, CA; St. Inigoes, MD; Point Mugu, CA; Jacksonville, FL; Lakehurst, NJ; Orlando, FL; Norfolk, VA; Whidey Island, WA; Cherry Point, NC; and San Diego, CA. 2.0 SCOPE This Performance-Based Statement of Work (PBSOW) defines the requirements for providing technical and management support services for the RDT&E Infrastructure Division. Requirements include support for: NAVAIR Functional Area Management (FAM)/ IT Portfolio Management services for the following functional areas: Test & Evaluation, Modeling & Simulation; Science & Technologies; and Information Operations Navy (Echelon 1) FAM support for Test & Evaluation functional area Information Assurance support via the RLIST Team to our RDT&E labs, providing assistance and technical expertise to ensure compliance with various IA mandates and supporting the Certification and Accreditation (C&A) process. Virtual Systems Command (VSYSCOM) Representative for RDT&E Governance Support for the Division’s Service Management Office/Business office Division Management support and consulting The geographic scope of this effort includes all NAVAIR activities, including the Naval Air Depots (Jacksonville, Cherry Point, and North Island), NAWCAD (Patuxent River and Lakehurst), NAWCWD (China Lake and Point Mugu), NAWCTSD, and Naval Air Weapons Station (NAWS), China Lake. Also included are attached activities CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 6 of 44 FINAL such as Air Test and Evaluation Squadron Nine and any activity or location which directly supports the program mission of NAVAIR and subordinate activities. For the purposes of this document, "customer" is defined as anyone opening a work order or acquiring RDT&E support services under this contract. 2.1 Inherently Governmental Functions No item in this Performance-Based Statement of Work (PBSOW) shall be interpreted to have the contractor performing services that are inherently governmental services or personal services as defined in FAR 2.101. If any provision of the PBSOW conflicts with this term, this prohibition shall take precedence. 3.0 REQUIREMENTS The Contractor shall provide qualified personnel, material, facilities, equipment, software, and other services necessary to support the Navy in the execution of this PBSOW. The Contractor shall provide monthly status reports in accordance with the Contract Data Requirements List (CDRL), Item A001. The Contractor shall team with Government personnel to develop cross-functional/-discipline teams based on Integrated Product Team (IPT) concepts. Additionally, the Contractor shall ensure that their personnel understand and follow statutory and regulatory restrictions and standards of conduct when close working relationships, such as IPTs, are required. All Contractor team members shall have the knowledge and expertise to provide support services to the problem-solving and decision-making process, and the implementation of team decisions. Support service shall not include Government functions normally referred to as inherently Governmental such as the act of governing, i.e., the discretionary exercise of Government authority, and monetary transactions and entitlements. The Contractor shall remain knowledgeable in the Department of Navy and NAVAIR FAM processes. The Contractor shall remain current in their functional areas of expertise and evolving technologies for Test & Evaluation, Science & Technologies, Information Operations, and Modeling & Simulation functional areas. The Contractor may also be required to attend Government sponsored training. The Contractor may be required to provide training to or for Government personnel at the Contractor’s facility or other agreed upon locations. The contractor shall produce and update documentation/presentation materials, in accordance with CDRL A003, such as viewgraphs, brochures, documents for display booths and other briefing materials to support Division objectives and business development. The contractor shall accomplish work as specified in this PBSOW. Performance of this work shall be measured in accordance with the Attachment 3 Quality Assurance Surveillance Plan. The contractor shall comply with Operations Security (OPSEC) provisions and plans in accordance with CDRL A004. Functional areas to be supported under this contract are described in the sections below. 3.1 Functional Area Manager (FAM) Support The Functional Area Manager (FAM) team is responsible for overall portfolio management of IT applications and databases within the following functional areas: · Test & Evaluation (T&E) · Science & Technologies (S&T) · Information Operations (IO) · Modeling & Simulation (M&S) Portfolio management includes the oversight of the development, management, reduction, and consolidation of IT applications and databases with the authority to direct migration, consolidation, and/or retirement. The FAM team represents NAVAIR in each of these functional areas as the Echelon II FAM. CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 7 of 44 FINAL For Test & Evaluation (T&E), the team supports the Navy Echelon I FAM who has direct report to OPNAV. The T&E FAM area is the largest portfolio in the Navy. SECNAVINST 5000.36A, dated 19 Dec 2005, describes the IT Portfolio Management roles and responsibilities of Functional Area Managers (FAMs), Functional Data Managers (FDMs) and Functional Namespace Coordinators (FNCs) that support the FAM process. The contractor shall provide support in the following areas: a. Register NAVAIR & Navy T&E, NAVAIR M&S, S&T and IO software applications and databases in the DON Applications and Database Management System (DADMS) b. Recommend disposition of registered software applications and databases in DADMS to the Navy level Echelon I FAM c. Map T&E, M&S, S&T and IO software applications and databases to the T&E taxonomy in DADMS d. Conduct Business Case Analyses of NAVAIR & Navy T&E, NAVAIR M&S, S&T and IO applications in DADMS and provide technical reports in accordance with CDRL A003 e. Provide technical and engineering support services to the Navy & NAVAIR f. As required, serve as a FAM representative to DON CIO working groups supporting the development of IT Portfolio Management policy, processes, procedures and documentation g. Assist database owners and developers with the registration of databases, metadata, and the development of functional area data architectures 3.2 Configuration Management/Business Support to Division Contractor shall provide support for the Services Management Office (SMO), handling administrative tasking as assigned to include, but not limited to: documenting configuration management, processing documentation, action item tracking, customer assistance, user support meeting coordination, documenting monthly department notes, and various other Division business support functions. 3.3 RDT&E Laboratory Information Assurance Support Team (RLIST) The RDT&E Laboratory Information Assurance Support Team (RLIST) provides support to NAWCAD 4.0/5.0 competencies. The RLIST team standardizes, streamlines, and assists lab managers with IA and IT compliance requirements. RLIST serves as a single point of contact to obtain information and guidance to ensure all NAWCAD VSYSCOM approved labs are certified and accredited, operate securely, and are compliant with the appropriate IA controls. The team goal is to minimize the impact of IA mandates for NAWCAD RDT&E labs and maximize their ability to meet mission requirements, having the labs fully concentrate on Fleet-driven support operational needs. Contractor shall provide assistance and technical expertise to the RLIST Government lead to ensure compliance with various IA mandates while supporting the Certification and Accreditation (C&A) process. The contractor shall provide support in the following areas: a. Ensure Single Scope Background Investigation (Secret) clearances are obtained for the personnel appointed as Information Assurance Workforce b. Ensure required employees are compliant with DoD 8570.01-M “Information Assurance Training, Certification, and Workforce Management,” 19 Dec 2005 c. Assist with and/or generate the Customer Requirements Brief (CRB) Questionnaire for presentation to NAVAIR/NAWCAD 7.2.6. Attend the CRB with Customer to understand the Information Assurance (IA) Plan defined at the CRB and address any issues identified during the CRB d. Develop appropriate Certification and Accreditation (C&A) documents, as identified in the CRB, to include, but not limited to: Non-Global Information Grid (GIG) Stand-alone C&A Package(s), Non-GIG Closed Loop C&A CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 8 of 44 FINAL Package(s), DoD Information Assurance Certification and Accreditation Process (DIACAP) package(s), and Plan of Actions & Milestones (POA&M) e. Perform vulnerability scans on all applicable systems f. Perform analysis of all scans to determine state of compliance with Defense Information Security Agency (DISA) Security Technical Information Guide (STIG), Information Assurance Vulnerability Alert (IAVA) compliance and vulnerabilities (Risk assessment). Document and provide recommendations to ensure compliance with all applicable policies and directives. g. Perform system hardening as required to ensure systems are configured to operate at an acceptable level of risk h. Perform post hardening scans for review and verification of system risk posture i. Document overall IA efforts, and provide post hardened system risk posture data for review by NAWCAD 7.2.6 j. 4.0 Provide embedded System Administration support as required by customers CONTRACTOR’S PROGRESS, STATUS AND MANAGEMENT REPORT Contractor’s Progress, Status and Management reports shall be submitted monthly in two parts –Part A – Monthly Status Report (CDRL A001) and Part B – Financial Tracking Report (CDRL A002) 5.0 INFORMATION TECHNOLOGY POLICIES 5.1 Information Assurance. All Information Assurance (IA) shall be in compliance with the following listed instructions to include those referenced within the below listing: a. ASD (NII) Directive-Type Memorandum (DTM) 08-027 – “Security of Unclassified DoD Information on Non-DoD Information Systems,” 31 July 2009 b. (Chairman of the Joint Chiefs of Staff Instruction) CJCSI 3170.01G (series), “Joint Capabilities Integration and Development System,” 1 March 2009 c. CJCSI 6211.02C (series) – “Defense Information System Network (DISN): Policy and Responsibilities,” 9 July 2008 d. CJCSI 6212.01E (series) – “Interoperability and Supportability of Information Technology and National Security Systems,” 15 December 2008 e. CJCSI 6250.01C (series) – “Satellite Communications,” 30 April 2007 f. CJCSI 6510.01E, “Information Assurance (IA) and Computer Network Defense (CND),” 15 August 2007 g. (Chairman of the Joint Chiefs of Staff Manual) CJCSM 6510.01A – “Information Assurance (IA) and Computer Network Defense (CND) Volume I (Incident Handling Program),” 24 June 2009 h. [Chief of Naval Operations/Headquarters, United States Marine Corps] CNO N614/HQMC C4 – “NavyMarine Corps Unclassified Trusted Network Protection (UTN-Protect) Policy, Version 1.0,” 31 October 2002 i. Defense Acquisition Guidebook – Chapter 7 “Acquiring Information Technology, Including National Security Systems,”; Section 7.5 “Information Assurance (IA)” j. DoD 5220.22-M, “National Industrial Security Program Operating Manual,” 28 February 2006 (NISPOM) k. DoD 8570.01-M, “Information Assurance Workforce Improvement Program,” 19 December 2005 (Incorporating Change 2, 25 February 2010) l. DoDD Number 5000.01 “The Defense Acquisition System,” 12 May 2003, Certified Current as of 20 November 2007 CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 9 of 44 m. FINAL DoDD 8000.01 “Management of the Department of Defense Information Enterprise,” 10 February 2009 n. DoDD 8100.02, “Use of Commercial Wireless Devices, Services, and Technologies in the Department of Defense (DoD) Global Information Grid (GIG),” 14 April 2004, Certified Current as of 23 April 2007 o. DoDD 8115.01 “Information Technology Portfolio Management,” 10 October 2005 p. DoDD 8500.01E (series), “Information Assurance (IA),” 24 October 2002, Certified Current as of 23 April 2007 q. DoDD 8570.01 “Information Assurance Training, Certification, and Workforce Management,” 15 August 2004, Certified Current as of 23 April 2007 r. DoDI 5000.02, “Operation of the Defense Acquisition System,” 8 December 2008 s. DoDI 4630.8, “Procedures for Interoperability and Supportability of Information Technology (IT) and National Security Systems (NSS),” 30 June 2004 t. DoDI 8115.02 “Information Technology Portfolio Management Implementation,” 30 October 2006 u. DoDI 8500.2, “Information Assurance Implementation,” 6 February 2003 v. DoDI 8510.01, “DoD Information Assurance Certification and Accreditation Process (DIACAP),” 28 November 2007 w. DoDI 8520.2, “Public Key Infrastructure (PKI) and Public Key (PK) Enabling,” 1 April 2004 x. DoDI 8551.1, “Ports, Protocols, and Services Management (PPSM),” 13 August 2004 y. DoDI 8580.1, “Information Assurance in the Defense Acquisition System,” 9 July 2004 z. DoDI 8581.01, “Information Assurance (IA) Policy for Space Systems Used by the Department of Defense,” 8 June 2010 aa. DON CIO Memo 02-10, “Department of the Navy Chief Information Officer Memorandum 02-10 Information Assurance Policy Update for Platform Information Technology,” 26 April 2010 bb. DON ltr 5239 NAVAIR 726/2322, “NAVAIR Data at Rest Policy,” 18 February 2009 cc. Federal Information Processing Standards Publications (FIPS PUB) [http://www.itl.nist.gov/fipspubs /by-num.htm] dd. (National Security Telecommunications and Information Systems Security Policy) NSTISSP No. 11, “Revised Fact Sheet National Information Assurance Acquisition Policy,” July 2003 ee. (Office of the Chief of Naval Operations) OPNAV INST 5239.1C, “Navy Information Assurance (IA) Program,” 20 August 2008 ff. SECNAVINST 5000.2D, “Implementation and Operation of the Defense Acquisition System and the Joint Capabilities Integration and Development System,” 16 October 2008 gg. SECNAV M-5239.1, “Department of the Navy Information Assurance Program; Information Assurance Manual,” November 2005 hh. SECNAVINST 5230.15, “Information Management/Information Technology Policy for Fielding of Commercial Off the Shelf Software,” 10 April 2009 ii. SECNAVINST 5239.3B, “Department of the Navy Information Assurance Policy,” 17 June 2009 jj. SECNAV Instruction 5000.36A, “Department of the Navy Information Technology Applications and Data Management,” 19 December 2005 CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 10 of 44 FINAL kk. SECNAVINST 5239.19, “Department of the Navy Computer Network Incident Response and Reporting Requirements,” 18 March 2008 ll. SECNAV INST 5510.36 Information and Personnel Security Program Regulation mm. The National Security Act of 1947 nn. Title 40/Clinger-Cohen Act oo. RDT&E Infrastructure Division Standard Operating Procedures pp. RDT&E Infrastructure Division Security Accreditation Documents 5.1.1 System Software / Application Compliance. All Information Technology Systems or software/application development, modification or support shall be performed in accordance with Defense Business Transformation guidance (formerly Business Management Modernization Program (BMMP)), DON/NAVAIR Functional Area Manager (FAM) Policies and Guidance, Network and Server Registration, and Web Enablement mandates. 5.1.2 Web Sites, Web Enablement and Application / System Development, Modification, and Maintenance Support Services. All Information Technology systems, software, and website development, modification or support shall be performed in accordance with all applicable Federal, DoD, DON, and NAVAIR policy, guidance, standards, and strategies, and should be integrated with MyNAVAIR (NAVAIR Corporate Portal) whenever possible. Any NAVAIR Web sites/servers hosted/located in contractor facilities, or outside NAVAIR enclave, will transition to NAVAIR architecture and infrastructure in accordance with Legacy Shutdown guidance. Policies include, but are not limited to: OMB Guide for Managing U.S. Government Websites http://www.firstgov.gov/webcontent/? OMB Policies for Federal Public Websites, OMB M-05-04 http://www.firstgov.gov/webcontent /policies_and_implementation.shtml? Section 508 Standards, http://www.section508.gov/? DOD Web Policy and Guidelines, http://www.defenselink.mil/webmasters/? Navy Information Operations Command (NIOC) Norfolk Web Risk Assessment Team Website, https://www.niocnorfolk.navy.mil/operations/wra/wra.shtml? SECNAV 5720.47B DON Policy for Content of Publicly Accessible Web Sites (NIOC Norfolk routinely monitors publicly accessible Navy websites for policy compliance; Site has a downloadable "Website Self-Assessment Checklist" for Webmasters), http://www.chinfo.navy.mil/navpalib/internet /secnav5720-47b.pdf? NAVAIR CIO Website (NAVAIR specific policy and guidelines), https://cio.navair.navy.mil/ 5.1.3 Software Development/Server Procurement. Any tools developed that will be hosted by the Navy Marine Corps Intranet (NMCI) or run on NMCI workstations will be certified for NMCI and comply with NMCI policy. Additionally, any servers supporting this effort will be transitioned to meet the requirements of the current NAVAIR Server Consolidation effort. 5.2 Enterprise Architecture. 5.2.1 Contractor Networks and Connections. Contractor-owned and operated networks are prohibited on any Naval Air Systems Command (NAVAIR) facility or site in support of this contract. All IT systems and networks operated by contractors on behalf of NAVAIR, or in support of NAVAIR contracts, regardless of the level of data processed, will be operated in accordance with all current DoD, IA, and Command policies and procedures. 5.2.2 DoD Networks. Contractor-owned equipment shall be permitted connections to NAVAIR/DoD networks in order to carry out the performance of this contract. All Contractor-owned hardware and/or software shall meet the following specific criteria before being connected to any DoD or NAVAIR network in support of this contract. Requirements include: a. Network Vulnerability Scanning. Every system that connects to a DoD network (either physically or logically) shall be audited prior to connection. NAVAIR (AIR-5.4.1) personnel shall be responsible for conducting the audit using only NAVAIR Developmental Designated Accreditation Authority (DDAA) authorized auditing tools and shall provide for firewall/port scans, device discovery scan, vulnerability assessment, and other requirements as identified by NAVAIR DDAA. The contractor shall be responsible for the remediation of any equipment that fails CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 11 of 44 FINAL these audits prior to the connection the system to the networks. b. Extent of Vulnerability Scanning. To prevent scanning of "corporate" assets, all such networks, equipment and connections shall be physically segregated from any government/contractor "corporate" networks that are not in direct support of DoD contracts. c. Operating Procedures. The contractor must comply with AIR-5.4.1/AIR-7.2 approved Standard Operating Procedures for connecting contractor owned devices to Navy networks. d. Circuit Provisioning. Any circuit or connection between NAVAIR and/or DoD site and the contractor site shall be provisioned by the Defense Information Systems Agency (DISA). e. Servicing Systems from a Remote Contractor Site. Remote Access Service connections that allow off-station operation and/or administration of contractor owned systems, located at any NAVAIR facility or site, shall not be permitted. f. Memorandum of Agreement. An Information Assurance Memorandum of Agreement (MOA) between the contractor owning the equipment and AIR-7.2.6 shall be developed and signed before the equipment can be connected to NAVAIR networks. Failure to comply with the signed MOA shall be grounds for disconnection from the network. 5.2.3. Disclosure of existing networks, circuits or connections. Any and all networks, circuits or connections between the contractor and any NAVAIR site shall be identified. Failure to comply and subsequent discovery of an unregistered network, circuit or connection shall be grounds for immediate disconnection. 5.2.4. IT Approval. The contractor shall not purchase any Information Technology (IT) equipment on behalf of NAVAIR in support of this contract without a NAVAIR Command Information Officer (CIO) signed IT approval. The IT Approval will be obtained in coordination with the COR / ACOR. The Government will provide all necessary reference documents not generally available to the Contractor as required. Throughout the life of the contract, if any instruction or document is replaced or superseded, the replacement or superseding instruction or document shall be applicable to the requirements defined in this PBSOW. 6.0 IT REQUIREMENTS Contactor personnel who will use an NMCI computer, or any follow-on government directed computer system, or be required to access any DoD computer system or websites, shall obtain and utilize a DoD Common Access Card (CAC) and certified Public Key Infrastructure (PKI) certification and encryption. The contractor shall provide CAC Readers. 7.0 FACILITIES Government-Provided Support Facilities. The Government will provide onsite space for contractor personnel. Most billets will be located at Patuxent River location, but some billets will reside at other NAVAIR locations described in Section 2.0. The facilities will be jointly occupied by government and contractor personnel. The contractor shall provide necessary office space for non-direct administrative and program management support personnel required by this contract. The geographical location of the contractor's facilities with respect to the Government's facilities is not restricted. However, a rapid (four hour) physical reporting response time to Government program requirements is mandatory. 8.0 GOVERNMENT FURNISHED PROPERTY/INFORMATION (GFP/GGI) Contractors performing on-site support will be provided access to workspaces, NMCI computers (or RDT&E machines as required) printers, facsimile machines, copy machines, shredders and network access. The workspaces will normally be available from 0600 to 1800 Monday through Friday. Exceptions to these hours shall be coordinated with the COR. 9.0 9.1 TRAVEL & TRANSPORTATION Occasional domestic local and long distance travel may be required for this effort. Anticipated travel CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 12 of 44 FINAL locations include the following: China Lake, CA; Pt. Mugu, CA; Lakehurst, NJ; Orlando, FL; St. Inigoes, MD; Norfolk, VA; Cherry Pt., NC; Washington, DC; and other locations as required. Travel will be reimbursed in accordance with clause HQ B-2-0020, "Travel Costs - Alternate I (NAVSEA)(DEC 2005)" of the basic Seaport-e contract, and clause 5252.232-9509, “Reimbursement of Travel, Per Diem and Special Material Costs (NAVAIR)(MAY 2012).” 9.2 Other Direct Costs (ODCs) are based on a per annum not-to-exceed amount. Approval shall be obtained from the Contracting Officer's Representative (COR) prior to incurring any travel expenses. The number and types of trips, including the number of personnel traveling, shall be limited to the minimum required to accomplish work requirements and shall be coordinated with the Project Manager for each task and the COR. All travel costs will be detailed in the monthly report. 9.3 The Contractor may, on occasion, provide transportation to Government members of the TDY team when it is deemed most economical to the Government and is otherwise in the Government's best interest and the cost for such transportation will be reimbursed in accordance with the ODC CLINs included in this task order. 10.0 OTHER DIRECT COSTS 10.1 The contractor may be required to incur travel and incidental supplies and materials costs in support of this effort as Other Direct Costs (ODC). All incidental material purchases will be approved per Clause 5252.242-9515 "Restriction on the Direct Charging of Material (NAVAIR)(July 1998)" and 5252.232-9509 "Reimbursement of Travel, Per Diem and Special Material Costs (NAVAIR)(MAY 2012).” 10.2 All material associated with this contract that is purchased by the contractor and not depleted during the performance of the contract shall become the property of the Federal Government. Any material remaining after the completion of the task order, the cost of which has been reimbursed by the Government, will remain Government property and will be transferred to the Government by way of Material Inspection and Receiving Report (DD Form 250). 10.3 Other Direct Costs may include General and Administrative (G&A) and/or Material Handling expenses, but shall not include profit/fee. 11.0 11.1 SECURITY Only U.S. citizens may perform under this contract. 11.2 The contractor may be required to locate and secure conference room facilities for conducting meetings, in addition to office/lab space, at the classification level up to and including Secret access. 12.0 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) The government will conduct quality surveillance via various methods including formal and informal meetings, review of technical reports, review of monthly progress reports, and review of deliverables as provided in the QASP. 13.0 NON-DISCLOSURE AGREEMENTS 13.1 Consistent with the terms and conditions of paragraph (e)(5) of NAVAIR 5252.209-9510 "Organizational Conflicts of Interest (Services)", with respect to proprietary data of third parties, and DFARS 252.227-7025 "Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends", with respect to technical data, the Contractor shall not use, modify, reproduce, release, perform, display, or disclose any non-public information provided to or obtained by the Contractor in the course of performing the contract for other than Government purposes, and shall not do so for any commercial or personal purpose. 13.2 In the event that the Contractor knows of or identifies that it has a commercial interest in the subject matter of any proposed or on-going agreement related to the services to be performed herein, the Contractor shall consider such interest a potential conflict of interest under paragraph (g) of NAVAIR 5252.209-9510, and promptly disclose it to the Contracting Officer. 14.0 IDENTIFICATION BADGES CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 13 of 44 FINAL The Contractor shall furnish all requested information required to facilitate issuance of identification badges, as required, and shall conform to all applicable regulations concerning their use and possession. ID media is U.S. Government property and shall be surrendered to the Pass and ID Office upon expiration or termination of employment. The Government will not check out Contractor personnel unless all media, including Common Access Cards (CACs), are returned in accordance with NASPAXRIV Instruction 5510.15, "Regulations Governing Admission to Naval Air Station, Patuxent River, Webster Field, and Navy Recreation Center Solomons", or other similar policies/procedures, as dictated by site of performance. 15.0 IDENTIFICATION OF CONTRACTOR PERSONNEL Corporation affiliation shall be referenced on all written documentation that refers to contractor personnel. This is required for internal and external communications. Similarly, the contractor affiliation shall be identified when answering phone calls and at the beginning of any meeting or conference where contractor personnel are in attendance. 16.0 INCURRED COST REPORTING In order to support invoice reviews conducted as part of proper surveillance, the contractor shall report incurred cost and progress in accordance with NAVAIR clause 5252.232-9529, "Incurred Cost and Progress Reporting for Services," CDRL A005, and Attachment 8. STATEMENT OF WORK ADDENDUM (a) Notwithstanding any other provision of this contract, in the event that the Government reduces operations pursuant to a furlough of civilian employees of the Department of Defense, the level of effort for this contract or task order established in 09RA NAVSEA 5252.216-9122 LEVEL OF EFFORT (DEC 2000) shall be reduced for the tenure of the civilian furlough. The level of effort for this contract or task order during the civilian furlough period shall be expended at an average rate of 775 hours per week. (b) The contractor is not required to remain on standby and should take every effort to minimize its overhead costs during the reduction. At the conclusion of the civilian furlough period, the level of effort will revert to the prior rate. The contractor will not be required to immediately revert to the prior level of effort, but rather will be allowed a reasonable amount of time to revert to the prior rate. (c) During the civilian furlough period, unless otherwise authorized by the contracting officer, the Government Installation Work Schedule will consist of an 8-hour work day Monday through Thursday. Therefore, Friday will not be part of the Government Installation Work Schedule. At the conclusion of the civilian furlough period, the Government Installation Work Schedule will revert to the prior established schedule, if any. This revision to the normal work week is not the result of an Executive Order or an administrative leave determination. CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 14 of 44 FINAL SECTION D PACKAGING AND MARKING Packaging and marking shall be in accordance with Section D of the Seaport-e multiple award Basic Contract. Clauses specified in Section D of the Seaport-e basic contract apply to this task order, unless otherwise specified in the task order. Item 4000, and Option Items 7000 and 7100 - Packaging and marking are not applicable to these items. Item 4001, and Option Items 7001 and 7101 - The data to be furnished hereunder shall be packaged, packed, and marked in accordance with Exhibit A, DD Form 1423, Contract Data Requirements List. Unless otherwise directed, all deliverables shall be delivered to the Contracting Officer's Representative (COR) for purposes of Seaport-e MAC clause HQ D-2-0008, "Marking of Reports". Item 6000 and Option Items 9000 and 9100 - Packaging and marking shall be in accordance with best commercial practice. CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 15 of 44 FINAL SECTION E INSPECTION AND ACCEPTANCE All provisions and clauses of Section E of the basic contract apply to this task order, unless otherwise specified, in addition to the following: Items 4000, 6000, Option Items 7000, 9000, 7100, and 9100: Inspection and acceptance of the services and supplies called for hereunder shall be performed in accordance with Section C at the destination approved by the cognizant Procuring Contracting Officer (PCO)/Contracting Officer's Representative (COR). The Government will monitor the Contractor's performance to assure compliance with the contract requirements, inclusive of the terms and conditions, in accordance with Section C, PBSOW, and Section J, Attachment 3 - Quality Assurance Surveillance Plan (QASP). Final acceptance of all associated Contract Data Requirements List (CDRL), DD Form 1423 Exhibit A (A001-A004) under Item 4001 and Options 7001 and 7101 must be completed prior to final acceptance of the services identified herein. Acceptance of the Contractor's completed performance for each line item shall be acknowledged via DD Form 250, in accordance with Wide Area Workflow (WAWF) instructions. Item 4001, and Option Items 7001 and 7101: Inspection and acceptance of the data to be furnished hereunder by the Contractor shall be in accordance with Exhibit A, Contract Data Requirements List (CDRL), DD Form 1423. Acceptance shall be performed by the first addressee listed in the distribution list under Block 14 and in accordance with Block 16 of the DD form 1423. Additionally, the Government will monitor the Contractor's performance to ensure compliance with contract requirements, inclusive of the terms and conditions, in accordance with Section J, Attachment 3 - Quality Assurance Surveillance Plan (QASP). CLIN 4000 4001 6000 7000 7001 9000 7100 7101 9100 INSPECTION AT Destination Destination Destination Destination Destination Destination Destination Destination Destination INSPECTION BY Government Government Government Government Government Government Government Government Government ACCEPTANCE AT Destination Destination Destination Destination Destination Destination Destination Destination Destination ACCEPTANCE BY Government Government Government Government Government Government Government Government Government CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 16 of 44 FINAL SECTION F DELIVERABLES OR PERFORMANCE The periods of performance for the following Items are as follows: 4000 4001 6000 7000 7001 9000 5/16/2013 - 4/3/2014 5/16/2013 - 4/3/2014 5/16/2013 - 4/3/2014 4/4/2014 - 4/3/2015 4/4/2014 - 4/3/2015 4/4/2014 - 4/3/2015 All clauses of Section F of the SeaPort-e basic contract apply to this task order unless otherwise specified in the task order, in addition the following: Item 4000, and Option Items 7000 and 7100- The contractor shall provide supplies and services in accordance with the Section F Delivery/Performance Schedule. Services to be provided at NAS Patuxent River, MD. Item 6000, and Option Items 9000 and 9100 - The contractor shall provide ODCs in accordance with the Section F Delivery/Performance Schedule. Item 4001, and Option Items 7001 and 7101 - The data furnished hereunder shall be in accordance with Exhibit A and the Section F Delivery/Performance Schedule. CLIN - DELIVERIES OR PERFORMANCE The periods of performance for the following Items are as follows: 4000 4001 6000 7000 7001 9000 5/16/2013 - 4/3/2014 5/16/2013 - 4/3/2014 5/16/2013 - 4/3/2014 4/4/2014 - 4/3/2015 4/4/2014 - 4/3/2015 4/4/2014 - 4/3/2015 The periods of performance for the following Option Items are as follows: 7100 7101 9100 4/4/2015 - 4/3/2016 4/4/2015 - 4/3/2016 4/4/2015 - 4/3/2016 CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 17 of 44 FINAL 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 Delivery to PCO not required. Deliver technical data to codes listed in Block 6 of DD Form 1423. (2) ACO, Code Delivery to ACO not required. Deliver technical data to codes listed in Block 6 of DD Form 1423. (b) Partial delivery of data is not acceptable unless specifically authorized on the DD Form 1423, or unless approved in writing by the PCO. (c) The Government review period provided on the DD Form 1423 for each item commences upon receipt of all required data by the technical activity designated in Block 6. (d) A copy of all other correspondence addressed to the Contracting Officer relating to data item requirements (i.e., status of delivery) shall also be provided to the codes reflected above and the technical activity responsible for the data item per Block 6, if not one of the activities listed above. (e) The PCO reserves the right to issue unilateral modifications to change the destination codes and addresses for all technical data and information at no additional cost to the Government. (f) Unless otherwise specified in writing, rejected data items shall be resubmitted within thirty (30) days after receipt of notice of rejection. (g) DD Form 1423, Block 14 Mailing Addresses: Naval Air Warfare Center Aircraft Division AIR-5.4.1 48150 Shaw Road, Building 2109, Room N229 Patuxent River, MD 20670 CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 18 of 44 FINAL SECTION G CONTRACT ADMINISTRATION DATA All clauses of Section G of the Seaport-e basic contract are applicable to this task order, unless otherwise specified in the task order. 09RA HQ B-2-0015 PAYMENTS OF FEE(S) (LEVEL OF EFFORT) (NAVSEA)(MAY 1993) (a) For purposes of this contract, “fee” means “target fee” in cost-plus-incentive-fee type contracts, “base fee” in cost-plus-award-fee type contracts, or “fixed fee” in “cost-plus-fixed-fee type contracts for level of effort type contracts. (b) The Government shall make payment to the Contractor, subject to and in accordance with the clause in this contract entitled “FIXED FEE” (FAR 52.216-8) or “INCENTIVE FEE” (FAR 52.216-10), as applicable. Such payments shall be equal to 5 percent (5%) of the allowable cost of each invoice submitted by and payable to the Contractor pursuant to the clause of this contract entitled “ALLOWABLE COST AND PAYMENT” (FAR 52.216-7) subject to the withholding terms and conditions of the “FIXED FEE” or “INCENTIVE FEE” clause, as applicable (percentage of fee is based on fee dollars divided by estimated cost dollars, including facilities capital cost of money). Total fee(s) paid to the Contractor shall not exceed the fee amount(s) set forth in this contract. (c) The fee(s) specified in Section B, and payment thereof, is subject to adjustment pursuant to paragraph (g) of the special contract requirements entitled “LEVEL OF EFFORT.” If the fee(s) is reduced and the reduced fee(s) is less than the sum of all fee payments made to the Contractor under this contract, the Contractor shall repay the excess amount to the Government. If the final adjusted fee exceeds all payments made to the Contractor under this contract, the Contractor shall be paid the additional amount, subject to the availability of funds. In no event shall the Government be required to pay the Contractor any amount in excess of the funds obligated under this contract at the time of the discontinuance of work. (d) Fee(s) withheld pursuant to the terms and conditions of this contract shall not be paid until the contract has been modified to reduce the fee(s) in accordance with the “LEVEL OF EFFORT” special contract requirements, or until the Procuring Contracting Officer has advised the paying office in writing that no fee adjustment is required. Note: For the purpose of this clause incorporated at the task order level, the term "contract" means "task order", and the term "Procuring Contracting Officer" is the "Task Order Contracting Officer". 252.204-0003 2009) LINE ITEM SPECIFIC: CONTRACTING OFFICER SPECIFIED ACRN ORDER (SEP The payment office shall make payment within the line item in the sequence ACRN order specified below, exhausting all funds in the previous ACRN before paying from the next ACRN. Line Item ACRN Order *AS DESIGNATED ON CONTRACTOR INVOICE* 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JUN 2012) (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. CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 19 of 44 FINAL “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 Central Contractor Registration 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). Invoice and Receiving Report (Combo) (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. 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 Field Name in WAWF Pay Official DoDAAC Issue By DoDAAC Admin DoDAAC Inspect By DoDAAC Ship To Code Ship From Code Mark For Code Service Approver (DoDAAC) Service Acceptor (DoDAAC) Accept at Other DoDAAC LPO DoDAAC DCAA Auditor DoDAAC Data to be entered in WAWF HQ0338 N00421 2101A N00421 N00421 N/A N/A N00421 N00421 N/A N/A HAA819 CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 20 of 44 Other DoDAAC(s) FINAL N/A (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 e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system. [email protected]_ (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. Inez Brothers, 301-342-9586 (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. 5252.201-9501 (SEP 2012) DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)(NAVAIR) (a) The Contracting Officer has designated Tracy Agamaite, 301-342-7350, [email protected], as the authorized Contracting Officer’s Representative (COR) to perform the following functions, duties, and/or responsibilities: 1. Work cooperatively with members of the acquisition team. 2. Review, comment, and report on the contractor’s progress and ensure the contractor complies with reporting requirements. 3. If a labor hour contract (level of effort) or order, review and certify contractor invoices to ensure that proper labor categories are charged and travel and other items appear consistent with performance (the contractor will provide you with any supporting documents you request), and that charges are reasonable for the work performed. 4. Provide independent government estimate of desired or ordered work. 5. Keep track of funds expended under contract and remaining funds available so as not to overspend on the contract or order. 6. Except for requirements originated by the COR, accept services and/or deliverables when completed, unless otherwise specified in the contract or order, and certify when all deliverables have been accepted by the government. 7. of: Promptly notify and provide recommended corrective action to the contracting officer and your superior (a) Any violation of or deviation from the technical requirements of the contract or order. (b) Inefficient or wasteful methods in use by the contractor, including the contractor exceeding the requirements of the order or contract. (c) Any contractor request for changes to the contract. (d) Issues that require clarification or resolution. (e) Inconsistencies between invoiced charges and performance, including the use of improper labor categories. CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 21 of 44 FINAL (f) Instances where funds may be insufficient to complete the contract or order. (g) Conditions requiring a replacement for you as COR. (h) Improper use of government material or equipment. 8. Ensure the contract does not become a vehicle for personal services. When required, review, comment, and report on the annual and final performance reports of the contractor as to compliance with technical instructions, timeliness, and any problems associated with the contract or order. The preceding list of duties is not intended to be all inclusive. If specific situations arise that you think require contractual attention, do not hesitate to inform the contracting officer. (b) The effective period of the COR designation is the period of performance of this contract. 5252.232-9511 NOTICE OF REQUIREMENTS FOR PROMPT PAYMENT (NAVAIR) (MAR 2006) The Government anticipates that this contract will be distributed to Defense Finance and Accounting Service (DFAS) by the DOD Electronic Document Access (EDA) system. DFAS is responsible for payment of contractor invoices. (a) In accordance with FAR Clause 52.232-33 "Payment By Electronic Funds Transfer--Central Contractor Registration", the contractor is responsible for providing updated information to the Central Contractor Register (CCR) database. Additionally, the contractor is responsible for maintaining its active status in the CCR database. (b) If the DUNS, CAGE code, TIN or address set forth in the contract do not match the information in the CCR, then DFAS will return invoices without payment. Therefore, it is imperative that the contractor ensure the DUNS, CAGE code, TIN and contractor address on the contract are accurate and in compliance with the CCR database. Additionally, any changes/updates made to the CCR database should be communicated to the Contracting Officer for the purpose of modifying the contract to reflect the new data. 5252.242-9511 CONTRACT ADMINISTRATION DATA (NAVAIR)(SEP 2012) (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)(7) FAR 42.302(a)(8) FAR 42.302(a)(13) FAR 42.302(a)(14) FAR 42.302(a)(16) FAR 42.302(a)(22) FAR 42.302(a)(38) FAR 42.302(a)(39) Retained for Performance By: COR COR COR COR COR COR COR COR (2) The following additional contract administration functions are assigned (see FAR 42.302(b)): Additional Functions N/A Retained for Performance By: CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 22 of 44 FINAL (c) Inquiries regarding payment should be referred to: MyInvoice at https://myinvoice.csd.disa.mil//index.html. Accounting Data SLINID PR Number Amount -------- ---------------------- --------------------400001 1300348540 102652.00 LLA : AA 97X4930 NH2A 252 77777 0 050120 2F 000000 COST CODE: A00001714959 CIN 130034854000001 400002 1300348540 47695.00 LLA : AB 97X4930 NH2A 252 77777 0 050120 2F 000000 COST CODE: A10001714959 CIN 130034854000002 400003 1300348540 47695.00 LLA : AC 97X4930 NH2A 252 77777 0 050120 2F 000000 COST CODE: A20001714959 CIN 130034854000003 400004 1300348641 75000.00 LLA : AD 97X4930 NH2A 252 77777 0 050120 2F 000000 COST CODE: A00001715231 CIN 130034864100001 400005 1300348641 33271.00 LLA : AE 97X4930 NH2A 252 77777 0 050120 2F 000000 COST CODE: A10001715231 CIN 130034864100002 600001 1300348641 6834.00 LLA : AE 97X4930 NH2A 252 77777 0 050120 2F 000000 COST CODE: A10001715231 CIN 130034864100002 BASE Funding 313147.00 Cumulative Funding 313147.00 MOD 01 Funding 0.00 Cumulative Funding 313147.00 MOD 02 Funding 0.00 Cumulative Funding 313147.00 MOD 03 400006 1300356709 20000.00 LLA : AF 97X4930 NH2A 252 77777 0 050120 2F 000000 A00001771937 CIN 130035670900001 400007 1300356709 54383.00 LLA : AG 97X4930 NH2A 252 77777 0 050120 2F 000000 A10001771937 CIN 130035670900002 400008 1300356709 68363.00 CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 23 of 44 LLA : AH 97X4930 NH2A 252 77777 0 050120 2F 000000 A20001771937 CIN 130035670900003 MOD 03 Funding 142746.00 Cumulative Funding 455893.00 MOD 04 400009 1300361904 200000.00 LLA : AJ 97X4930 NH2A 255 77777 0 050120 2F 000000 A00001802715 CIN 130036190400001 400010 1300361904 100000.00 LLA : AK 97X4930 NH2A 255 77777 0 050120 2F 000000 A10001802715 CIN 130036190400002 400011 1300361904 41619.00 LLA : AL 97X4930 NH2A 255 77777 0 050120 2F 000000 A20001802715 CIN 130036190400003 400012 1300350211 232900.50 LLA : AM 97X4930 NH2A 252 77777 0 050120 2F 000000 A00001726704 CIN 130035021100001 400013 1300350211 232900.50 LLA : AN 97X4930 NH2A 252 77777 0 050120 2F 000000 A10001726704 CIN 130035021100002 600002 1300350211 8550.00 LLA : AM 97X4930 NH2A 252 77777 0 050120 2F 000000 A00001726704 CIN 130035021100001 600003 1300350211 8850.00 LLA : AN 97X4930 NH2A 252 77777 0 050120 2F 000000 A10001726704 CIN 130035021100002 MOD 04 Funding 824820.00 Cumulative Funding 1280713.00 MOD 05 400014 1300361904-0001 200000.00 LLA : AP 97X4930 NH2A 252 77777 0 050120 2F 000000 A00001802715 CIN 130036190400001 400015 1300361904-0001 100000.00 LLA : AQ 97X4930 NH2A 252 77777 0 050120 2F 000000 A10001802715 CIN 130036190400002 400016 1300361904-0001 41619.00 LLA : AR 97X4930 NH2A 252 77777 0 050120 2F 000000 A20001802715 CIN 130036190400003 400017 1300361904-0001 21554.00 LLA : AR 97X4930 NH2A 252 77777 0 050120 2F 000000 A20001802715 CIN 130036190400004 400018 1300370293 33957.00 FINAL CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 24 of 44 LLA : AS 97X4930 NH2A 252 77777 0 050120 2F 000000 A00001849752 CIN 130037029300001 400019 1300372176 90845.14 LLA : AT 97X4930 NH2A 252 77777 0 050120 2F 000000 A00001861489 CIN 130037217600001 400020 1300372176 30080.00 LLA : AU 97X4930 NH2A 252 77777 0 050120 2F 000000 A10001861489 CIN 130037217600002 400021 1300372176 70000.00 LLA : AV 97X4930 NH2A 252 77777 0 050120 2F 000000 A20001861489 CIN 130037217600003 400022 1300372176 107536.00 LLA : AW 97X4930 NH2A 252 77777 0 050120 2F 000000 A30001861489 CIN 130037217600004 400023 1300372176 205537.00 LLA : AX 97X4930 NH2A 252 77777 0 050120 2F 000000 A40001861489 CIN 130037217600005 600004 1300372176 1200.00 LLA : AX 97X4930 NH2A 252 77777 0 050120 2F 000000 A40001861489 CIN 130037217600006 MOD 05 Funding 902328.14 Cumulative Funding 2183041.14 MOD 06 400014 1300361904-0001 (200000.00) LLA : AP 97X4930 NH2A 252 77777 0 050120 2F 000000 A00001802715 CIN 130036190400001 400015 1300361904-0001 (100000.00) LLA : AQ 97X4930 NH2A 252 77777 0 050120 2F 000000 A10001802715 CIN 130036190400002 400016 1300361904-0001 (41619.00) LLA : AR 97X4930 NH2A 252 77777 0 050120 2F 000000 A20001802715 CIN 130036190400003 MOD 06 Funding -341619.00 Cumulative Funding 1841422.14 MOD 07 400024 1300373388-0001 49465.15 LLA : AY 9730400 4HGA 251 00019 0 050120 2D 000000 A00001869981 CIN 130037338800001 400025 1300377948 94491.54 LLA : AZ 97X4930 NH2A 252 77777 0 050120 2F 000000 A00001906103 CIN 130037794800001 400026 1300377948 16828.30 FINAL CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 25 of 44 LLA : BA 97X4930 NH2A 252 77777 0 050120 2F 000000 A10001906103 CIN 130037794800002 400027 1300377948 125000.00 LLA : BB 97X4930 NH2A 252 77777 0 050120 2F 000000 A20001906103 CIN 130037794800003 400028 1300377948 25000.00 LLA : BC 97X4930 NH2A 252 77777 0 050120 2F 000000 A30001906103 CIN 130037794800004 600005 1300373388-00001 2000.00 LLA : AY 9730400 4HGA 251 00019 0 050120 2D 000000 A00001869981 CIN 130037338800002 MOD 07 Funding 312784.99 Cumulative Funding 2154207.13 MOD 08 400029 1300381465 16652.00 LLA : BD 97X4930 NH2A 252 77777 0 050120 2F 000000 A00001945195 CIN 130038146500001 MOD 08 Funding 16652.00 Cumulative Funding 2170859.13 MOD 09 400030 1300391025 189853.00 LLA : BE 97X4930 NH2A 252 77777 0 050120 2F 000000 A00002031426 CIN 130039102500001 400031 1300391025 191344.00 LLA : BF 97X4930 NH2A 252 77777 0 050120 2F 000000 A10002031426 CIN 130039102500002 600006 1300391025 7057.00 LLA : BE 97X4930 NH2A 252 77777 0 050120 2F 000000 A00002031426 CIN 130039102500001 600007 1300391025 6509.00 LLA : BF 97X4930 NH2A 252 77777 0 050120 2F 000000 A10002031426 CIN 130039102500002 MOD 09 Funding 394763.00 Cumulative Funding 2565622.13 MOD 10 400032 1300396909 4787.76 LLA : BG 9740400 4HGA 251 00019 0 050120 2D 000000 A00002072740 CIN 130039690900001 700001 1300396909 97590.24 LLA : BG 9740400 4HGA 251 00019 0 050120 2D 000000 A00002072740 CIN 130039690900001 FINAL CONTRACT NO. 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PAGE N00178-05-D-4539 M801 21 26 of 44 700002 1300390255 41397.00 LLA : BH 97X4930 NH2A 252 77777 0 050120 2F 000000 A00002025095 CIN 130039025500001 700003 1300390255 45217.67 LLA : BH 97X4930 NH2A 252 77777 0 050120 2F 000000 A00002025095 CIN 130039025500002 MOD 10 Funding 188992.67 Cumulative Funding 2754614.80 MOD 11 700001 1300396909 (7900.06) LLA : BG 9740400 4HGA 251 00019 0 050120 2D 000000 A00002072740 CIN 130039690900001 MOD 11 Funding -7900.06 Cumulative Funding 2746714.74 MOD 12 700004 1300414397 48752.29 LLA : BJ 97X4930 NH2A 252 77777 0 050120 2F 000000 A00002208263 CIN 130041439700001 700005 1300414397 48752.29 LLA : BK 97X4930 NH2A 252 77777 0 050120 2F 000000 A10002208263 CIN 130041439700002 700006 1300409959 112183.00 LLA : BL 97X4930 NH2A 252 77777 0 050120 2F 000000 A00002179102 CIN 130040995900002 700007 1300409959 87000.00 LLA : BM 97X4930 NH2A 252 77777 0 050120 2F 000000 A10002179102 CIN 130040995900003 700008 1300409959 137000.00 LLA : BN 97X4930 NH2A 252 77777 0 050120 2F 000000 A20002179102 CIN 130040995900004 900001 1300409959 5000.00 LLA : BL 97X4930 NH2A 252 77777 0 050120 2F 000000 A00002179102 CIN 130040995900005 MOD 12 Funding 438687.58 Cumulative Funding 3185402.32 MOD 13 700009 1300416322 133708.49 LLA : BP 97X4930 NH2A 252 77777 0 050120 2F 000000 A00002226002 CIN 130041632200001 700010 1300416322 37226.00 LLA : BQ 97X4930 NH2A 252 77777 0 050120 2F 000000 A10002226002 CIN 130041632200003 FINAL CONTRACT NO. 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PAGE N00178-05-D-4539 M801 21 27 of 44 700011 1300416322 20492.00 LLA : BR 97X4930 NH2A 252 77777 0 050120 2F 000000 A20002226002 CIN 130041632200004 700012 1300416322 198919.92 LLA : BS 97X4930 NH2A 252 77777 0 050120 2F 000000 A30002226002 CIN 130041632200005 700013 1300416322 31500.00 LLA : BT 97X4930 NH2A 252 77777 0 050120 2F 000000 A40002226002 CIN 130041632200006 700014 1300416322 60000.00 LLA : BU 97X4930 NH2A 252 77777 0 050120 2F 000000 A50002226002 CIN 130041632200007 700015 1300416322 72000.00 LLA : BP 97X4930 NH2A 252 77777 0 050120 2F 000000 A00002226002 CIN 130041632200008 900002 1300416322 8500.00 LLA : BP 97X4930 NH2A 252 77777 0 050120 2F 000000 A00002226002 CIN 130041632200002 MOD 13 Funding 562346.41 Cumulative Funding 3747748.73 MOD 14 700016 1300443041 100722.00 LLA : BV 97X4930 NH2A 255 77777 0 050120 2F 000000 A00002415059 CIN 130044304100001: $100,722.00 700017 1300443041 41784.00 LLA : BW 97X4930 NH2A 255 77777 0 050120 2F 000000 A10002415059 CIN 130044304100002: $41,784.00 700018 1300443041 17286.87 LLA : BX 97X4930 NH2A 255 77777 0 050120 2F 000000 A30002415059 CIN 130044304100004: $17,286.87 700019 1300443041 150000.00 LLA : BY 97X4930 NH2A 255 77777 0 050120 2F 000000 A50002415059 CIN 130044304100006: $150,000.00 700020 1300443041 95000.00 LLA : BZ 97X4930 NH2A 255 77777 0 050120 2F 000000 A60002415059 CIN 130044304100007: $95,000.00 900003 1300443041 2000.00 LLA : CA 97X4930 NH2A 255 77777 0 050120 2F 000000 A20002415059 CIN 130044304100003: $2,000.00 900004 1300443041 3000.00 LLA : CB 97X4930 NH2A 255 77777 0 050120 2F 000000 A40002415059 CIM 130044304100005: $3,000.00 FINAL CONTRACT NO. 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PAGE N00178-05-D-4539 M801 21 28 of 44 900005 1300443041 10000.00 LLA : BZ 97X4930 NH2A 255 77777 0 050120 2F 000000 A60002415059 CIN 130044304100008: $ 10,000.00 MOD 14 Funding 419792.87 Cumulative Funding 4167541.60 MOD 15 700021 1300425728 188850.00 LLA : CC 97X4930 NH2A 252 77777 0 050120 2F 000000 A00002296430 CIN 130042572800001 700022 1300425728 194700.00 LLA : CD 97X4930 NH2A 252 77777 0 050120 2F 000000 A10002296430 CIN 130042572800002 900006 1300425728 6650.00 LLA : CC 97X4930 NH2A 252 77777 0 050120 2F 000000 A00002296430 CIN 130042572800001 900007 1300425728 5850.00 LLA : CD 97X4930 NH2A 252 77777 0 050120 2F 000000 A10002296430 CIN 130042572800002 MOD 15 Funding 396050.00 Cumulative Funding 4563591.60 MOD 16 700023 1300432649 152000.00 LLA : CE 1741804 4RZ3 251 00019 0 050120 2D 000000 A00002341585 CIN 130043264900001 MOD 16 Funding 152000.00 Cumulative Funding 4715591.60 MOD 17 700024 1300423509 50000.00 LLA : CF 1741319 45VX 251 00019 0 050120 2D 000000 A00002280314 CIN 130042350900001 700025 1300451113 92585.28 LLA : CG 97X4930 NH2A 252 77777 0 050120 2F 000000 A00002471430 CIN 130045111300001 700026 1300451113 100000.00 LLA : CH 97X4930 NH2A 255 77777 0 050120 2F 000000 A10002471430 CIN 130045111300002 MOD 17 Funding 242585.28 Cumulative Funding 4958176.88 MOD 18 700027 1300452559 21198.00 LLA : CJ 97X4930 NH2A 252 77777 0 050120 2F 000000 A00002486078 FINAL CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 29 of 44 CIN 130045255900001 MOD 18 Funding 21198.00 Cumulative Funding 4979374.88 MOD 19 900008 1300455072 15000.00 LLA : CK 97X4930 NH2A 252 77777 0 050120 2F 000000 A00002511651 CIN 130045507200002 900009 1300455072 10000.00 LLA : CL 97X4930 NH2A 255 77777 0 050120 2F 000000 A10002511651 CIN 130045507200003 MOD 19 Funding 25000.00 Cumulative Funding 5004374.88 MOD 20 700028 1300390255-0001 20698.50 LLA : BH 97X4930 NH2A 252 77777 0 050120 2F 000000 A00002025095 CIN 130039025500003 700029 1300390255-0001 90444.19 LLA : BH 97X4930 NH2A 252 77777 0 050120 2F 000000 A00002025095 CIN 130039025500004 MOD 20 Funding 111142.69 Cumulative Funding 5115517.57 MOD 21 700030 1300457730 16652.00 LLA : CM 97X4930 NH2A 252 77777 0 050120 2F 000000 A00002541893 CIN 130045773000001 MOD 21 Funding 16652.00 Cumulative Funding 5132169.57 FINAL CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 30 of 44 FINAL SECTION H SPECIAL CONTRACT REQUIREMENTS All clauses of Section H of the Seaport-e basic contract are applicable to this task order, unless otherwise specified in the task order. Per direction of AIR 2.5, NAVAIR clause 5252.242-9502 is now required for all NAWCAD service contracts. Therefore, this clause has been included in Section H. AIR-5.0 does not currently plan to use TDLs and this clause is only being included per AIR 2.5 direction. If AIR-5.0 later decides to utilize TDLs, a TDL Administration Plan will be completed and approved and language will also be added to the Statement of Work at that time, in accordance with NAVAIR Contracts Competency Instruction 4200.60. NOTIFICATION CONCERNING DETERMINATION OF SMALL BUSINESS SIZE STATUS For the purpose of FAR clauses 52.219-6, NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE, 52.219-3, NOTICE OF TOTAL HUBZONE SET-ASIDE OR SOLE SOURCE AWARD, 52.219-18, NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS, and 52.219-27, NOTICE OF TOTAL SERVICEDISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE, the determination of whether a small business concern 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 size standards in the solicitation, and further, meets the definition of a HUBZone small business concern, a small business concern certified by the SBA for participation in the SBA's 8(a) program, or s service-disabled veteran-owned small business concern, as applicable, shall be based on the status of said concern at the time of award of the SeaPort-e MAC and as further determined in accordance with Special Contract Requirement H-17, "Small Business Size Status". 09RA NAVSEA 5252.216-9122 -- LEVEL OF EFFORT (DEC 2000) (a) The Contractor agrees to provide the total level of effort specified in the next sentence in performance of the work described in Sections B and C of this contract. The total level of effort for the performance of this contract shall be 151,240 total man-hours of direct labor, including subcontractor direct labor for those subcontractors specifically identified in the Contractor's proposal as having hours included in the proposed level of effort. (b) Of the total man-hours of direct labor set forth above, it is estimated that 0 man-hours are uncompensated effort. Uncompensated effort is defined as hours provided by personnel in excess of 40 hours per week without additional compensation for such excess work. All other effort is defined as compensated effort. If no effort is indicated in the first sentence of this paragraph, uncompensated effort performed by the Contractor shall not be counted in fulfillment of the level of effort obligations under this contract. (c) Effort performed in fulfilling the total level of effort obligations specified above shall only include effort performed in direct support of this contract and shall not include time and effort expended on such things as (local travel to and from an employee's usual work location), uncompensated effort while on travel status, truncated lunch periods, work (actual or inferred) at an employee's residence or other non-work locations (except as provided in paragraph (j) below), or other time and effort which does not have a specific and direct contribution to the tasks described in Sections B and C. (d) The level of effort for this contract shall be expended at an average rate of approximately 969 hours per week. It is understood and agreed that the rate of man-hours per month may fluctuate in pursuit of the technical objective, provided such fluctuation does not result in the use of the total man-hours of effort prior to the expiration of the term hereof, except as provided in the following paragraph. (e) If, during the term hereof, the Contractor finds it necessary to accelerate the expenditure of direct labor to such an extent that the total man-hours of effort specified above would be used prior to the expiration of the term, the Contractor shall notify the Contracting Officer in writing setting forth the acceleration required, the probable benefits which would result, and an offer to undertake the acceleration at no increase in the estimated cost or fee together with an offer, setting forth a proposed level of effort, cost breakdown, and proposed fee, for continuation of the work until CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 31 of 44 FINAL expiration of the term hereof. The offer shall provide that the work proposed will be subject to the terms and conditions of this contract and any additions or changes required by then current law, regulations, or directives, and that the offer, with a written notice of acceptance by the Contracting Officer, shall constitute a binding contract. The Contractor shall not accelerate any effort until receipt of such written approval by the Contracting Officer. Any agreement to accelerate will be formalized by contract modification. (f) The Contracting Officer may, by written order, direct the Contractor to accelerate the expenditure of direct labor such that the total man-hours of effort specified in paragraph (a) above would be used prior to the expiration of the term. This order shall specify the acceleration required and the resulting revised term. The Contractor shall acknowledge this order within five days of receipt. (g) If the total level of effort specified in paragraph (a) above is not provided by the Contractor during the period of this contract, the Contracting Officer, at its sole discretion, shall either (i) reduce the fee of this contract as follows: Fee Reduction = Fee (Required LOE - Expended LOE) --------------------------------Required LOE or (ii) subject to the provisions of the clause of this contract entitled "LIMITATION OF COST" (FAR 52.232-20) or "LIMITATION OF COST (FACILITIES)" (FAR 52.232-21), as applicable, require the Contractor to continue to perform the work until the total number of man-hours of direct labor specified in paragraph (a) above shall have been expended, at no increase in the fee of this contract. (h) The Contractor shall provide and maintain an accounting system, acceptable to the Administrative Contracting Officer and the Defense Contract Audit Agency (DCAA), which collects costs incurred and effort (compensated and uncompensated, if any) provided in fulfillment of the level of effort obligations of this contract. The Contractor shall indicate on each invoice the total level of effort claimed during the period covered by the invoice, separately identifying compensated effort and uncompensated effort, if any. (i) Within 45 days after completion of the work under each separately identified period of performance hereunder, the Contractor shall submit the following information in writing to the Contracting Officer with copies to the cognizant Contract Administration Office and to the DCAA office to which vouchers are submitted: (1) the total number of man-hours of direct labor expended during the applicable period; (2) a breakdown of this total showing the number of man-hours expended in each direct labor classification and associated direct and indirect costs; (3) a breakdown of other costs incurred; and (4) the Contractor's estimate of the total allowable cost incurred under the contract for the period. Within 45 days after completion of the work under the contract, the Contractor shall submit, in addition, in the case of a cost underrun; (5) the amount by which the estimated cost of this contract may be reduced to recover excess funds and, in the case of an underrun in hours specified as the total level of effort; and (6) a calculation of the appropriate fee reduction in accordance with this clause. All submissions shall include subcontractor information. (j) Unless the Contracting Officer determines that alternative worksite arrangements are detrimental to contract performance, the Contractor may perform up to 10% of the hours at an alternative worksite, provided the Contractor has a company-approved alternative work plan. The primary worksite is the traditional "main office" worksite. An alternative worksite means an employee's residence or a telecommuting center. A telecommuting center is a geographically convenient office setting as an alternative to an employee's main office. The Government reserves the right to review the Contractor's alternative worksite plan. In the event performance becomes unacceptable, the Contractor will be prohibited from counting the hours performed at the alternative worksite in fulfilling the total level of effort obligations of the contract. Regardless of work location, all contract terms and conditions, including security requirements and labor laws, remain in effect. The Government shall not incur any additional cost nor provide additional equipment for contract performance as a result of the Contractor's election to implement an alternative worksite plan. (k) Notwithstanding any of the provisions in the above paragraphs, the Contractor may furnish man-hours up to five percent in excess of the total man-hours specified in paragraph (a) above, provided that the additional effort is furnished within the term hereof, and provided further that no increase in the estimated cost or fee is required. 5252.209-9510 ORGANIZATIONAL CONFLICTS OF INTEREST (NAVAIR) (SERVICES)(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 CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 32 of 44 FINAL 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 the Performance Work Statement and Attachment 4. 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. (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. [ ] (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 (N/A) after the date of completion of the contract. (FAR 9.505-1(a)) [ ] (2) To the extent the contractor prepares and furnishes complete specifications covering nondevelopmental items to be used in a competitive acquisition, the contractor shall not be allowed to furnish these items either as a prime CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 33 of 44 FINAL 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 (N/A) 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) [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) [ 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 CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 34 of 44 FINAL 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), 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. 5252.210-9501 AVAILABILITY OF UNIQUE DATA ITEM DESCRIPTIONS (UDIDs) AND DATA ITEM DESCRIPTIONS (DIDs) (NAVAIR) (OCT 2005) Access Procedures for Acquisition Management System and Data Requirements Control List (AMSDL), DoD 5010.12-L, and DIDs listed therein. The AMSDL and all DIDs and UDIDs listed therein are available online via the Acquisition Streamlining and Standardization Information System located at http://assist.daps.dla.mil. To access these documents, select the Quick Search link on the site home page. 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. CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 35 of 44 FINAL (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. 5252.227-9512 TRADEMARK MANUFACTURE/USE LICENSE AGREEMENT (NAVAIR) (MAR 2007) (a) The Naval Air Systems Command (NAVAIR) is the owner of all right, title, and interest within the United States of America in and to the trademark set forth below. (b) NAVAIR hereby grants a nonexclusive and nontransferable license to make, manufacture or produce the trademark in connection with all activities relating to the manufacture, production, distribution and packaging of the products and services identified under this contract. The contractor shall insure the designation "TM" in superscript format is placed adjacent to the trademark in connection with each use or display thereof. (c) The contractor shall adhere to the technical specifications of the trademark as shown in the NAVAIR style guide which can be found at: https://mynavair.navair.navy.mil/ (d) The contractor shall not use the trademark in any inappropriate or offensive manner or in any manner that could disparage the United States military services. Additionally, the trademark may not be placed in an area that would be construed as offensive. (e) Items to be delivered under this contract that bear the trademark shall be of the quality specified in the contract. The quality of any other item bearing the trademark shall adhere to the standards of quality for such items. (f) Exercise of any of the rights granted under this clause shall not entitle the contractor to: a) any modification(s) to the terms and conditions, including price, of this contract; b) any claim(s) against the government; and/or c) any request(s) for equitable adjustment. If the contractor believes it is entitled to any such or similar relief, the contractor shall, prior to exercise of any of the rights granted under this clause, provide written notification to the contracting officer detailing the relief requested and identifying the basis for such relief with supporting rationale. The contractor shall not thereafter exercise any of the rights granted under this clause until the contracting officer provides a response to the contractor's written notification. 5252.232-9104 ALLOTMENT OF FUNDS (JAN 2008) (a) This contract is incrementally funded with respect to both cost and fee. The amount(s) presently available and allotted to this contract for payment of fee for incrementally funded contract line item number/contract subline item number (CLIN/SLIN), subject to the clause entitled "FIXED FEE" (FAR 52.216-8) or "INCENTIVE FEE" (FAR 52.216-10), as appropriate, is specified below. The amount(s) presently available and allotted to this contract for payment of cost for incrementally funded CLINs/SLINs is set forth below. As provided in the clause of this contract entitled "LIMITATION OF FUNDS" (FAR 52.232-22), the CLINs/SLINs covered thereby, and the period of performance for which it is estimated the allotted amount(s) will cover are as follows: ITEM 4000 7000 ALLOTTED TO COST $2,427,469.85 ALLOTTED TO FEE $101,940.04 TOTAL AMOUNT ALLOTTED $2,529,409.89 $2,394,146.21 $101,613.47 $2,495,759.68 ESTIMATED PERIOD OF PERFORMANCE 16 MAY 13 - 04 APR 14 05 APR 14 04 APR 15 (b) The parties contemplate that the Government will allot additional amounts to this contract from time to time for the incrementally funded CLINs/SLINs by unilateral contract modification, and any such modification shall state CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 36 of 44 FINAL separately the amount(s) allotted for cost, the amount(s) allotted for fee, the CLINs/SLINs covered thereby, and the period of performance which the amount(s) are expected to cover. (c) CLINs/SLINs are fully funded and performance under these CLINs/SLINs is subject to the clause of this contract entitled "LIMITATION OF COST" (FAR 52.232-20). (d) The Contractor shall segregate costs for the performance of incrementally funded CLINs/SLINs from the costs of performance of fully funded CLINs/SLINs. FUNDING PROFILE M801-21 Funds for this Previous Funds Balance Action Funding Obligated Unfunded 4000 $2,529,409.89 $2,529,409.89 $2,529,409.89 $0.00 4001 6000 $41,000.00 $41,000.00 $41,000.00 $0.00 7000 $2,692,470.86 $16,652.00 $2,479,107.68 $2,495,759.68 $196,711.18 7001 7100 $2,779,449.02 $2,779,449.02 7101 9000 $66,000.00 $66,000.00 $66,000.00 $0.00 9101 $41,000.00 $41,000.00 Total $8,149,329.77 $16,652.00 $ 5,115,517.57 $5,132,169.57 $3,017,160.20 CLIN Total 5252.232-9509 REIMBURSEMENT OF TRAVEL, PER DIEM, AND SPECIAL MATERIAL COSTS (NAVAIR) (MAY 2012) (a) Area of Travel. 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. All contractor personnel required to perform work on any U.S. Navy vessel shall obtain boarding authorization from the Commanding Officer of the vessel before boarding. (b) Travel Policy. 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. Consistent with FAR Subpart 31.2, all costs incurred for lodging, meals and incidental expenses required for tasks assigned under this contract shall be considered reasonable and allowable only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the Federal Travel Regulations, prescribed by the General Services Administration for travel in the conterminous 48 United States, (hereinafter the FTR); Joint Travel Regulation, Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense, for travel in Alaska, Hawaii, The Commonwealth of Puerto Rico, and territories and possessions of the United States (hereinafter JTR); and Standardized Regulations (Government Civilians, Foreign Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign Areas," prescribed by the Department of State, for travel in areas not covered in the FTR or JTR (hereinafter the SR). (c) Travel. Travel and subsistence are authorized for travel beyond a fifty-mile radius of the contractor’s office whenever a task assignment requires work to be accomplished at a temporary alternate worksite. No travel or subsistence shall be charged for work performed within a fifty-mile radius of the contractor’s office. The contractor shall not be paid for travel or subsistence for contractor personnel who reside in the metropolitan area in which the tasks are being performed. Travel performed for personal convenience, in conjunction with personal recreation, or CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 37 of 44 FINAL daily travel to and from work at the contractor’s facility will not be reimbursed. (1) For travel costs other than described in paragraph (c) above, the contractor shall be paid on the basis of actual amount paid to the extent that such travel is necessary for the performance of services under the contract and is authorized by the COR in writing. (2) When transportation by privately owned conveyance is authorized, the contractor shall be paid on a mileage basis not to exceed the applicable Government transportation rate as contained in the FTR, JTR or SR. Authorization for the use of privately owned conveyance shall be indicated in the basic contract. Distances traveled between points shall be shown on invoices as listed in standard highway mileage guides. Reimbursement will not exceed the mileage shown in the standard highway mileage guides. (3) The contractor agrees, in the performance of necessary travel, to use the lowest cost mode commensurate with the requirements of the mission as set forth in the basic contract and in accordance with good traffic management principles. When it is necessary to use air or rail travel, the contractor agrees to use coach, tourist class, or similar accommodations to the extent consistent with the successful and economical accomplishment of the mission for which the travel is being performed. (4) The contractor’s invoices shall include receipts or other evidence substantiating actual costs incurred for authorized travel. In no event will such payments exceed the rates of common carriers. (d) Vehicle and/or Truck Rentals. The contractor shall be reimbursed for actual rental/lease of special vehicles and/or trucks (i.e., of a type not normally used by the contractor in the conduct of its business) only if authorized in the basic contract or upon approval by the COR. Reimbursement of such rental shall be made based on actual amounts paid by the contractor. Use of rental/lease costs of vehicles and/or trucks that are of a type normally used by the contractor in the conduct of its business are not subject to reimbursement. (e) Car Rental. The contractor shall be reimbursed for car rental, exclusive of mileage charges, as authorized in the basic contract or upon approval by the COR, when the services are required to be performed beyond the normal commuting distance from the contractor’s facilities. Car rental for a team on TDY at one site will be allowed for a minimum of four (4) persons per car, provided that such number or greater comprise the TDY team. (f) Per Diem. The contractor shall not be paid for per diem for contractor personnel who reside in the metropolitan areas in which the tasks are being performed. Per Diem shall not be paid on services performed within a fifty-mile radius of the contractor’s home office or the contractor’s local office. Per Diem is authorized for contractor personnel beyond a fifty-mile radius of the contractor’s home or local offices whenever a task assigned requires work to be done at a temporary alternate worksite. Per Diem shall be paid to the contractor only to the extent that overnight stay is necessary and authorized under this contract. The authorized per diem rate shall be the same as the prevailing per diem in the worksite locality. These rates will be based on rates contained in the FTR, JTR or SR. The applicable rate is authorized at a flat seventy-five (75%) percent on the day of departure from contractor’s home or local office, and on the day of return. Reimbursement to the contractor for per diem shall be limited to actual payments to per diem defined herein. The contractor shall provide actual payments of per diem defined herein. The contractor shall provide supporting documentation for per diem expenses as evidence of actual payment. (g) Shipboard Stays. Whenever work assignments require temporary duty aboard a Government ship, the contractor will be reimbursed at the per diem rates identified in paragraph C8101.2C or C81181.3B(6) of the Department of Defense Joint Travel Regulations, Volume II. (h) Special Material. “Special material” includes only the costs of material, supplies, or services which is peculiar to the ordered data and which is not suitable for use in the course of the contractor’s normal business. It shall be furnished pursuant to specific authorization approved by the COR. The contractor will be required to support all material costs claimed by its costs less any applicable discounts. “Special materials” include, but are not limited to, graphic reproduction expenses, or technical illustrative or design requirements needing special processing. 5252.232-9528 Reimbursement of Costs Associated with OPNAV Services (NAVAIR) (JUN 2012) This procurement does not contain the requirement to support the Office of the Chief of Naval Operations CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 38 of 44 FINAL (OPNAV). No such requirement is included in the Statement of Work nor shall be contained in any flow down requirements to subcontracts. Since OPNAV service support is not a requirement of the statement of work, the Contracting Officer's Representative (COR) is prohibited from endorsing any such costs/charges. The Government will not pay for such costs as they are outside the scope of this contract. 5252.232-9529 INCURRED COST REPORTING AND PROGRESS REPORTING FOR SERVICES (NAVAIR)(DEC 2012) The following applies to the prime contractors and all subcontractors. If desired, a subcontractor may directly submit the required data in accordance with the contract CDRL [A005]. When a subcontractor reports directly to the Government, the prime contractor shall highlight the subcontractor costs to be directly reported to the Government. General: The contractor shall segregate costs incurred under this contract and provide a report as a supplement to each invoice submitted for payment in accordance with the requirements of this clause and CDRL [A005]. This report shall include the elements outlined below and, at a minimum, be submitted jointly with the invoice. The total of all cost elements below shall match the applicable invoice amount. If there are no costs associated to a particular element, the report shall state “Not Applicable”. The data tables outlined in Attachment [8] shall be utilized as required herein and attached to the report. (a) Incurred Costs: (1) Summary: An incurred cost summary shall be reported by completing the "Header" and "Invoice Summary" tabs include in Attachment [8]. (2) Labor: Incurred costs for labor shall be reported by completing the "invoiced labor" tab, and, if applicable, the "If Individuals>Hourly Tripwire" tab included in Attachment [8]. Additional information regarding individual labor categories and fully burdened labor rates shall be provided upon request. (3) Other Direct Costs (ODCs), including Travel and Material: Total fully burdened other direct costs shall be reported by completing the "Invoice Summary" tab included in Attachment [8]. In addition, an itemized listing of the unburdened other direct charges, including travel and material, shall be provided. For material greater than $3,000, the invoice number, date, total amount, company, purchase order number, and description of each item shall be included. For travel, the dates, names of individuals traveling, destination, purpose and total cost shall be outlined. A copy of the travel voucher with accompanying receipts shall be provided upon request. For material less than $3,000,supplemental data shall be provided upon request. The report shall also include the following statements regarding ODCs and Labor: "No fee has been applied to ODCs, and the applicable fee rate does not exceed that identified in NAVAIR Clause 5252.215-9512, Saving Clause." (b) Progress: A description of progress made during the invoice period by SOW tasking shall be included in the report. At a minimum, the description shall include the following: deliverables completed and delivered, problem areas encountered, and any impacts on cost, technical and schedule. 5252.242-9502 TECHNICAL DIRECTION (NAVAIR) (MAY 2011) (a) Definition. Technical Direction Letters (TDLs) are a means of communication between the Contracting Officer’s Representative (COR) or Task Order Manager (TOM), and the contractor to answer technical questions, provide technical clarification, and give technical direction regarding the content of the Statement of Work (SOW) of a Contract, Order, or Agreement; herein after referred to as contract. (i) “Technical Direction” means “clarification of contractual requirements or direction of a technical nature, within the context of the SOW of the contract.” (b) Scope. The Defense Federal Acquisition Regulation Supplement (DFARS) 201.602-2 states that the Contracting Officer may designate qualified personnel as a COR. In this capacity, the COR or TOM may provide Technical Direction to the contractor, so long as the Technical Direction does not make any commitment or change that affects price, quality, quantity, delivery, or other terms and conditions of the contract. This Technical Direction CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 39 of 44 FINAL shall be provided consistent with the limitations specified below. (c) Limitations. When necessary, Technical Direction concerning details of requirements set forth in the contract, shall be given through issuance of TDLs prepared by the COR or TOM subject to the following limitations. (i) The TDL, and any subsequent amendments to the TDL, shall be in writing and signed by both the COR or TOM, and the Contracting Officer prior to issuance of the TDL to the contractor. Written TDLs are the only medium permitted for use when technical direction communication is required. Any other means of communication (including such things as Contractor Service Request Letters, Authorization Letters, or Material Budget Letters) are not permissible means of communicating technical direction during contract performance. (ii) In the event of an urgent situation, the COR/TOM may issue the TDL directly to the contractor prior to obtaining the Contracting Officer’s signature. (iii) Each TDL issued is subject to the terms and conditions of the contract and shall not be used to assign new work, direct a change to the quality or quantity of supplies and/or services delivered, change the delivery date(s) or period of performance of the contract, or change any other conditions of the contract. TDLs shall only provide additional clarification and direction regarding technical issues. In the event of a conflict between a TDL and the contract, the contract shall take precedence. (iv) Issuance of TDLs shall not incur an increase or decrease to the contract price, estimated contract amount (including fee), or contract funding, as applicable. Additionally, TDLs shall not provide clarification or direction of a technical nature that would require the use of existing funds on the contract beyond the period of performance or delivery date for which the funds were obligated. (v) TDLs shall provide specific Technical Direction to the contractor only for work specified in the SOW and previously negotiated in the contract. TDLs shall not require new contract deliverables that may cause the contractor to incur additional costs. (vi) When, in the opinion of the contractor, a TDL calls for effort outside the terms and conditions of the contract or available funding, the contractor shall notify the Contracting Officer in writing, with a copy to the COR or TOM, within two (2) working days of having received the Technical Direction. The contractor shall undertake no performance to comply with the TDL until the matter has been resolved by the Contracting Officer through a contract modification or other appropriate action. (vii) If the contractor undertakes work associated with a TDL that is considered to be outside the scope of the contract, the contractor does so at its own risk and is not subject to recover any costs and fee or profit associated with the scope of effort. 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 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. CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 40 of 44 5252.243-9504 FINAL AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER (NAVAIR) (JAN 1992) (a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract. (b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract. (c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is: Colleen G. Coombs, AIR 2.5.1.6.3 Contracting Officer [email protected] 22299 Exploration Drive, Suite 301 Lexington Park, MD 20653-2058 5252.245-9500 2012) GOVERNMENT PROPERTY FOR THE PERFORMANCE OF THIS CONTRACT (NAVAIR) (MAY (a) Authorization is granted to use the Government property identified below without rental charge in the performance of this contract and subcontracts of any tier issued hereunder (see FAR 45.201(a) for further information regarding identification requirements) : (1) Government property currently accountable and managed under the following contracts: NONE (2) Government furnished property to be provided under this contract: SEE ATTACHMENT 6, SCHEDULED GOVERNMENT FURNISHED PROPERTY (3) Government furnished material, as defined in FAR 45.101, to be provided under this contract: NONE (4) If authority has been granted in accordance with FAR 51.102, Contractor access to Government supply sources is authorized for the following items. Paragraph (b) does not apply to purchases under the NMCI/CoSC contract. NONE H-1 FULLY BURDENED LABOR RATES The contractor's fully burdened labor rates for the base year and for each option year, as proposed during the source selection process, and as outlined in Attachment 7 Fully Burdened Labor Rates, shall be incorporated into this task order. (a) The executed fully burdened labor rate(s) per hour shall not exceed the proposed fully burdened hourly rate(s) during the performance of this task order, unless authorized in writing by the Contracting Officer. CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 41 of 44 FINAL (b) Furthermore, unless otherwise authorized in writing by the Contracting Officer, the fully burdened labor rates authorized under this task order shall not exceed the established fully burdened functional labor rates as defined herein. The established fully burdened annualized and/or hourly labor rate identified below (otherwise referred to as tripwires) are identified by functional labor areas and are applicable to this task order*. Functional Labor Area Administrative Business Solicitation Labor Category Junior Systems Analyst Management Analyst Computer Analyst I Computer Analyst II Computer Analyst III Security Analyst Fully Burdened Annualized Labor Rate Tripwire ($/WY) Fully Burdened Labor Rate Per Hour Tripwire ($/HR) $96,000.00 $50.00 $192,000.00 $100.00 Program Management Sr. Computer Scientist $250,000.00 $130.00 *A "Fully Burdened Annualized Labor Rate” is calculated by taking the fully burdened labor rate per hour (inclusive of fee), and multiplying that figure by 1,920 hours. The fully burdened labor cost for any proposed subcontractor labor will be calculated in a similar manner and will also be inclusive of all pass-through costs being applied by the prime. CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 42 of 44 FINAL SECTION I CONTRACT CLAUSES The following clauses are incorporated by reference in this Task Order; however, all applicable clauses incorporated into the basic MAC contract also apply. 52.237-2 -- Protection of Government Buildings, Equipment, and Vegetation. 252.227-7016 Rights in Bid or Proposal Information. (JAN 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) (a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201. (b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government; (1) When no longer needed for contract performance. (2) Upon completion of the Contractor employee’s employment. (3) Upon contract completion or termination. (c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements. (d) The Contractor shall insert the substance of clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer. 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 [60 days prior to the option start date]. 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 30 days prior to the completion of the base period, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days 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 three years (42 months if 52.217-8 is exercised). 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) (a) Definition. “Small business concern,” as used in this clause, 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 size standards in this solicitation. CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 43 of 44 FINAL (b) Applicability. This clause applies only to-(1) Contracts that have been totally set aside or reserved for small business concerns; and (2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).* (c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected. (2) Any award resulting from this solicitation will be made to a small business concern. (d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts. 5252.204-9504 DISCLOSURE OF CONTRACT INFORMATION (NAVAIR) (JAN 2007) (a) The Contractor shall not release to anyone outside the Contractor’s organization any unclassified information (e.g., announcement of contract award), regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to this contract, unless the Contracting Officer has given prior written approval. (b) Requests for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The Contractor shall submit its request to the Contracting Officer at least ten (10) days before the proposed date for release. (c) The Contractor agrees to include a similar requirement in each subcontract under this contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the Contracting Officer. CONTRACT NO. DELIVERY ORDER NO. AMENDMENT/MODIFICATION NO. PAGE N00178-05-D-4539 M801 21 44 of 44 SECTION J LIST OF ATTACHMENTS Exhibit A, CDRLS A001 - A005 Attachment1, System Authorization Access Request - Navy (SAAR-N) Form Attachment 2, DD Form 254 Contract Security Classification Spreadsheet Attachment 3, Quality Assurance Surveillance Plan (QASP) Attachment 4, OCI List Attachment 5, COR Designation Letter Attachment 6, Scheduled Government Furnished Property Attachment 7, Fully Burdened Labor Rates Attachment 8, Incurred Cost Reporting Attachment 9, Labor Category Qualifications FINAL
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