N00178-15-D-8444-000261 1 2 AMENDMENT OF SOLICITATION ... · Overrun Share Line 70.00% Government...

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N00178-15-D-8444-000261 Page 1 of 2 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 or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT 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 letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office. AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE 2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable) 7. ADMINISTERED BY (If other than Item 6) CODE STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243 FACILITY CODE 9A. AMENDMENT OF SOLICITATION NUMBER 9B. DATED (SEE ITEM 11) 10A. MODIFICATION OF CONTRACT/ORDER NUMBER 10B. DATED (SEE ITEM 13) 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. 12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14. CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NUMBER IN ITEM 10A. B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, 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: D. OTHER (Specify type of modification and authority) Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect. 15C. DATE SIGNED 15A. NAME AND TITLE OF SIGNER (Type or print) 16C. DATE SIGNED 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) 14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.) PAGE OF PAGES 6. ISSUED BY CODE 8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) CODE 15B. CONTRACTOR/OFFEROR (Signature of person authorized to sign) 16B. UNITED STATES OF AMERICA (Signature of Contracting Officer) Previous edition unusable SCD 61 N00178 1G4V6 SEE SECTION G FAR 52.232-22 Cynthia Mahugh-Dam Amy Richards , Contracting Officer SEE PAGE 2 101074008 S2404A NSWC, DAHLGREN DIVISION 17632 Dahlgren Road Suite 157 Dahlgren, VA 22448-5110 Systems and Proposal Engineering Company dba SPEC Innovations 10440 Balls Ford RD STE 230 MANASSAS, Virginia 20109 DCMA Manassas 14501 George Carter Way, 2nd Floor Chantilly, VA 20151 V See Section G N00178-15-D-8444/0002 N/A 1 2 04/07/2020 04/01/2016 /s/Amy Richards /s/Cynthia Mahugh-Dam 04/06/2020 04/07/2020 1 C

Transcript of N00178-15-D-8444-000261 1 2 AMENDMENT OF SOLICITATION ... · Overrun Share Line 70.00% Government...

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Page 1 of 2

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 or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT 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 letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

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.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, 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:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

SCD

61N00178

1G4V6

SEE SECTION G

FAR 52.232-22

Cynthia Mahugh-Dam Amy Richards , Contracting Officer

SEE PAGE 2

101074008

S2404A

NSWC, DAHLGREN DIVISION17632 Dahlgren Road Suite 157Dahlgren, VA 22448-5110

Systems and Proposal Engineering Company dba SPECInnovations10440 Balls Ford RD STE 230MANASSAS, Virginia 20109

DCMA Manassas14501 George Carter Way, 2nd FloorChantilly, VA 20151

V

See Section G

N00178-15-D-8444/0002

N/A

1 2

04/07/2020

04/01/2016

/s/Amy Richards/s/Cynthia Mahugh-Dam04/06/2020 04/07/2020

1

C

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General Information

The Purpose of this modification is to de-obligate funding from CLIN 7301 and CLIN 9301. The funding will bere-obligated to CLIN 7401 and CLIN 9401. De-obligated $35,000 from CLIN 7301 and $2,000 from CLIN 9301.Also updated the funding profile.   

No LLA Changes.

The total amount of funds obligated to the task order is hereby decreased from $8,444,277.23 by ($37,000.00) to$8,407,277.23.

CLIN/SLIN Fund Type From By To

7301AL RDT&E $45,000.00 ($20,000.00) $25,000.00

7301AM RDT&E $293,500.00 ($15,000.00) $278,500.00

9301AL RDT&E $5,000.00 ($2,000.00) $3,000.00

The total value of the task order is hereby increased from $15,605,491.00 by $0.00 to $15,605,491.00.

CLIN/SLIN From By To

7301AA $955,712.83 $35,000.00 $990,712.83

7301AL $45,000.00 ($20,000.00) $25,000.00

7301AM $293,500.00 ($15,000.00) $278,500.00

9301AA $12,109.00 $2,000.00 $14,109.00

9301AL $5,000.00 ($2,000.00) $3,000.00

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14. SHIP TO

ORDER FOR SUPPLIES OR SERVICESPAGE 1 OF

1. CONTRACT/PURCH ORDER/AGREEMENT NO. 2. DELIVERY ORDER/CALL NO. 3. DATE OF ORDER/CALL (YYYYMMMDD)

4. REQUISITION/PURCH REQUEST NO. 5. PRIORITY

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than 6) CODE 8. DELIVERY FOB

DESTINATION

OTHER(See Schedule ifother)

10. DELIVER TO FOB POINT BY (Date) (YYYYMMMDD)

12. DISCOUNT TERMS

13. MAIL INVOICES TO THE ADDRESS IN BLOCK

11. X IF BUSINESS IS

SMALL

SMALL DISAD-VANTAGED

WOMEN-OWNED

CODE 15. PAYMENT WILL BE MADE BY CODE MARK ALLPACKAGES ANDPAPERS WITH

IDENTIFICATIONNUMBERS IN

BLOCKS 1 AND 2.

16.TYPEOF

ORDER

DELIVERY/CALL

PURCHASE

This delivery order/call is issued on another Government agency or in accordance with and subject to terms and conditions of above numbered contract.

Reference your furnish the following on terms specified herein.ACCEPTANCE. THE CONTRACTOR HEREBY ACCEPTS THE OFFER REPRESENTED BY THE NUMBERED PURCHASE ORDER AS IT MAY PREVIOUSLY HAVEBEEN OR IS NOW MODIFIED, SUBJECT TO ALL OF THE TERMS AND CONDITIONS SET FORTH, AND AGREES TO PERFORM THE SAME.

If this box is marked, supplier must sign Acceptance and return the following number of copies:

NAME OF CONTRACTOR SIGNATURE TYPED NAME AND TITLE DATE SIGNED(YYYYMMMDD)

17. ACCOUNTING AND APPROPRIATION DATA/LOCAL USE

18. ITEM NO. 19. SCHEDULE OF SUPPLIES/SERVICES20. QUANTITY

ORDERED/ACCEPTED*

21.UNIT

22. UNIT PRICE 23. AMOUNT

*If quantity accepted by the Government is same as quantity ordered, indicate by X. If different, enter actual quantity accepted belowquantity ordered and encircle.

24. UNITED STATES OF AMERICA 25. TOTAL

26.DIFFERENCES

30. INITIALS

27a. QUANTITY IN COLUMN 20 HAS BEEN

INSPECTED RECEIVED ACCEPTED, AND CONFORMS TO THE CONTRACT EXCEPT AS NOTED:

c. DATE (YYYYMMMDD)

b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

28. SHIP. NO.

PARTIAL

FINAL

31. PAYMENT

COMPLETE

PARTIAL

FINAL

29. D.O. VOUCHER NO.

32. PAID BY 33. AMOUNT VERIFIED CORRECT FOR

34. CHECK NUMBER

35. BILL OF LADING NO.

42. S/R VOUCHER NO.

36. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT.

a. DATE(YYYYMMMDD)

b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

37. RECEIVED AT

38. RECEIVED BY (Print) 39. DATE RECEIVED (YYYYMMMDD)

40. TOTAL CON- TAINERS

41. S/R ACCOUNT NUMBER

DD FORM 1155, DEC 2001 PREVIOUS EDITION IS OBSOLETE.

CONTRACTING/ORDERING OFFICER

9. CONTRACTOR CODE FACILITY

NAME ANDADDRESS

BY:

d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

f. TELEPHONE NUMBER g. E-MAIL ADDRESS

125

N00178-15-D-8444 0002 2020APR07 See Section G DO-C9N00178

NSWC, DAHLGREN DIVISION17632 Dahlgren Road Suite 157Dahlgren, VA 22448-5110

S2404A

DCMA Manassas14501 George Carter Way, 2nd FloorChantilly, VA 20151

1G4V6 101074008

Systems and Proposal Engineering Company dba SPEC Innovations10440 Balls Ford RD STE 230MANASSAS, VA 20109

SEE SCHEDULE

Net 30 Days WAWF

SEE SECTION G

SEE SECTION F

HQ0338

DFAS Columbus Center,South Entitlement OperationsP.O. Box 182264Columbus, OH 43218-2264

Systems and Proposal Engineering Company dba SPEC Innovations Steven Dam

SEE SCHEDULE

SEE SCHEDULE

/s/Amy Richards$15,605,491.00

SCD: C

04/07/2020

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Section B - Supplies and ServicesCLIN - SUPPLIES OR SERVICES

Cost Type Items:

Item PSC Supplies/Services Qty Unit Target CostTargetFee

CPIF

7000 B541 Base Period Technical and EngineeringSupport in accordance with Section C,Performance Work Statement. (FundType - TBD)

0.00 LaborHours

$0.00 $0.00 $0.00

Max Fee $0.00

Min Fee $0.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7001

7001AA B541 Base Period Technical and EngineeringSupport in accordance with Section C,Performance Work Statement. (FundType - TBD)

9,457.00 LaborHours

$1,256,351.65 $75,381.00 $1,331,732.65

Max Fee $109,961.00

Min Fee $38,793.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7001AB B541 MOD 01 Initial Award Funding$113,995.20 PR #1300546313 for TI-01(Fund Type - TBD)

809.00 LaborHours

$107,542.63 $6,452.57 $113,995.20

Max Fee $9,412.58

Min Fee $3,320.68

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7001AC B541 MOD 01 Incremental Funding $25,000PR #1300560988 for PNT andengineering support (Fund Type -OTHER)

178.00 LaborHours

$23,584.90 $1,415.10 $25,000.00

Max Fee $2,064.25

Min Fee $728.25

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Item PSC Supplies/Services Qty Unit Target CostTargetFee

CPIF

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7001AD B541 MOD 02 Incremental Funding $500,000PR #1300566939 for TI-01 (RDT&E)

3,551.00 LaborHours

$471,698.00 $28,302.00 $500,000.00

Max Fee $41,285.00

Min Fee $14,565.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7001AE B541 MOD 04 10 USC 2410(a) authority isbeing invoked Incremental funding$59,000 PR #1300569750-00001 for TI#03. (O&MAFR)

419.00 LaborHours

$55,660.00 $3,340.00 $59,000.00

Max Fee $4,871.63

Min Fee $1,718.67

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7001AF B541 MOD 05 Incremental Funding $18,000PR #1300576952 for TI-02 (RDT&E)

128.00 LaborHours

$16,981.00 $1,019.00 $18,000.00

Max Fee $1,486.26

Min Fee $524.34

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7001AG B541 MOD 06 Incremental Funding $90,000PR #1300584527 for TI-02 (RDT&E)

639.00 LaborHours

$84,906.00 $5,094.00 $90,000.00

Max Fee $7,431.00

Min Fee $2,621.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

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Item PSC Supplies/Services Qty Unit Target CostTargetFee

CPIF

7001AH B541 MOD 07 Incremental Funding $300,000PR #1300596628 for TI-01 (Fund Type -OTHER)

2,130.00 LaborHours

$283,019.00 $16,981.00 $300,000.00

Max Fee $24,771.00

Min Fee $8,739.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7001AJ B541 MOD 08 Incremental Funding $181,975PR #1300600433 for TI-01 MOD 18De-obligate $55,000 MOD 38 Finalizefee owed Total base period Fee owed$62,589 MOD 38 Fee adjustment$31,589 (RDT&E)

902.00 LaborHours

$88,198.00 $38,777.00 $126,975.00

Max Fee $10,484.00

Min Fee $3,698.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7001AK B541 MOD 09 10 USC 2410(a) authority isbeing invoked. Incremental Funding$200,000 PR #1300602591 for TI-01(Fund Type - OTHER)

1,420.00 LaborHours

$188,679.00 $11,321.00 $200,000.00

Max Fee $16,514.00

Min Fee $5,826.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7001AL B541 MOD 10 Incremental Funding$28,917.00 PR #1300603783 for TI-02(RDT&E)

205.00 LaborHours

$27,280.00 $1,637.00 $28,917.00

Max Fee $2,387.00

Min Fee $843.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7001AM B541 MOD 12 Incremental funding $25,000PR #1300628775-0001 for TI-02 MOD18 De-obligate $5,700 MOD 53

102.00 LaborHours

$13,576.56 $814.59 $14,391.15

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Item PSC Supplies/Services Qty Unit Target CostTargetFee

CPIF

De-obligate $4,908.85 (RDT&E)

Max Fee $1,188.00

Min Fee $419.21

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7001AN B541 MOD 39 Incremental funding to payremaining Base Period finalized Feeowed $31,000 Total base period Feeowed $62,589 PR #1300771728(RDT&E)

1.00 Each $1.00 $30,999.00 $31,000.00

Max Fee $0.00

Min Fee $0.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

Cost Type / NSP Items:

Item PSC Supplies/Services Qty UnitEst.Cost

FixedFee

CPFF

7099 Data Deliverables for Base Period, IAW ExhibitA, CDRLS

1.00 Lot NSP

Cost Type Items:

Item PSC Supplies/Services Qty Unit Target CostTargetFee

CPIF

7100 B541 Option Period 1 Technical andEngineering Support in accordance withSection C, Performance Work Statement.(Fund Type - TBD)Option

0.00 LaborHours

$0.00 $0.00 $0.00

Max Fee $0.00

Min Fee $0.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7101

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Item PSC Supplies/Services Qty Unit Target CostTargetFee

CPIF

7101AA B541 Option Period 1 Technical andEngineering Support in accordance withSection C, Performance Work Statement.(Fund Type - TBD)

10,289.00 LaborHours

$1,407,896.48 $84,474.00 $1,492,370.48

Max Fee $123,225.00

Min Fee $43,472.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7101AB B541 MOD 13 Incremental Funding $300,000PR #1300629215 for TI--12 (RDT&E)

2,068.00 LaborHours

$283,019.00 $16,981.00 $300,000.00

Max Fee $24,771.00

Min Fee $84,739.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7101AC B541 MOD 13 Incremental Funding $380,000PR #1300633115-0001 for TI-11 MOD38 De-obligate $.01 (RDT&E)

2,620.00 LaborHours

$358,490.99 $21,509.00 $379,999.99

Max Fee $31,377.00

Min Fee $11,069.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7101AD B541 MOD 15 Incremental Funding $50,000PR #1300641167 for TI-12 (RDT&E)

345.00 LaborHours

$47,170.00 $2,830.00 $50,000.00

Max Fee $4,129.00

Min Fee $1,457.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7101AE B541 MOD 16 Incremental Funding $40000PR #1300643571 for TI-12 MOD 17Re-align $8000 from CLIN 9101(RDT&E)

331.00 LaborHours

$45,283.00 $2,717.00 $48,000.00

Max Fee $3,963.00

Min Fee $1,398.00

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Item PSC Supplies/Services Qty Unit Target CostTargetFee

CPIF

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7101AF B541 MOD 19 Incremental Funding $55,000PR #1300655043 for TI-11 (RDT&E)

379.00 LaborHours

$51,887.00 $3,113.00 $55,000.00

Max Fee $4,541.00

Min Fee $1,602.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7101AG B541 MOD 20 Incremental Funding $26,600PR #1300658873-00002 for TI-12(RDT&E)

183.00 LaborHours

$25,094.00 $1,506.00 $26,600.00

Max Fee $2,196.00

Min Fee $775.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7101AH B541 MOD 21 Incremental Funding $47,000PR #1300665588 for TI-12 MOD 22Re-align funds of $2000 from 9101.(RDT&E)

338.00 LaborHours

$46,226.00 $2,774.00 $49,000.00

Max Fee $4,046.00

Min Fee $1,427.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7101AJ B541 MOD 22 Incremental Funding $129,000PR #1300667054 for TI-12 (RDT&E)

889.00 LaborHours

$121,698.00 $7,302.00 $129,000.00

Max Fee $10,652.00

Min Fee $3,758.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

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Item PSC Supplies/Services Qty Unit Target CostTargetFee

CPIF

7101AK B541 MOD 23 Incremental Funding $45,000PR #1300667802 for TI-11 (RDT&E)

310.00 LaborHours

$42,453.00 $2,547.00 $45,000.00

Max Fee $3,716.00

Min Fee $1,311.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7101AL B541 MOD 25 Incremental Funding $49,500PR #1300683151 for TI-12 MOD 31De-obligate $21,300 MOD 38 FinalizingOption Year 1 Fee. Fee Owed $10,391(RDT&E)

194.00 LaborHours

$16,213.00 $11,987.00 $28,200.00

Max Fee $2,328.00

Min Fee $821.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7101AM B541 MOD 26 Incremental Funding $171,000PR #1300685992 for TI-12 (RDT&E)

1,179.00 LaborHours

$161,321.00 $9,679.00 $171,000.00

Max Fee $14,119.00

Min Fee $4,981.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7101AN B541 MOD 27 Incremental Funding $46,000PR #1300687880 for TI-11 (RDT&E)

317.00 LaborHours

$43,396.00 $2,604.00 $46,000.00

Max Fee $3,798.00

Min Fee $1,340.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7101AP B541 MOD 28 Incremental Funding $120,000PR #1300690150 for TI-11 MOD 37De-obligate $30,988.47 (RDT&E)

614.00 LaborHours

$83,973.13 $5,038.40 $89,011.53

Max Fee $7,350.00

Min Fee $2,893.00

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Item PSC Supplies/Services Qty Unit Target CostTargetFee

CPIF

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7101AQ B541 MOD 29 Incremental Funding $15,000PR #1300702550 for TI-12 (RDT&E)

103.00 LaborHours

$14,151.00 $849.00 $15,000.00

Max Fee $1,239.00

Min Fee $437.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

Cost Type / NSP Items:

Item PSC Supplies/Services Qty UnitEst.Cost

FixedFee

CPFF

7199 Data Deliverables for Option Period 1, IAWExhibit A, CDRLS

1.00 Lot NSP

Cost Type Items:

Item PSC Supplies/Services Qty Unit Target CostTargetFee

CPIF

7200 B541 Option Period 2 Technical andEngineering Support in accordance withSection C, Performance Work Statement.(Fund Type - TBD)Option

0.00 LaborHours

$0.00 $0.00 $0.00

Max Fee $0.00

Min Fee $0.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7201

7201AA B541 opt year 2 (Fund Type - TBD) 10,546.00 LaborHours

$1,486,328.00 $89,179.00 $1,575,507.00

Max Fee $130,090.00

Min Fee $45,895.00

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Item PSC Supplies/Services Qty Unit Target CostTargetFee

CPIF

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7201AB B541 MOD 30 Incremental Funding $208,300PR #1300702744 for TI-22 (RDT&E)

1,398.00 LaborHours

$196,981.00 $11,819.00 $208,800.00

Max Fee $17,240.00

Min Fee $6,082.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7201AC B541 MOD 30 Incremental Funding $30,000PR #1300703001 for TI-21 (WCF)

201.00 LaborHours

$28,302.00 $1,698.00 $30,000.00

Max Fee $2,477.00

Min Fee $873.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7201AD B541 MOD 32 incremental Funding $730,000PR #1300707998 for TI-21. (RDT&E)

4,886.00 LaborHours

$688,679.00 $41,321.00 $730,000.00

Max Fee $60,276.00

Min Fee $21,264.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7201AE B541 MOD 33 Incremental Funding $20,300PR #1300711872 for TI-22 (RDT&E)

136.00 LaborHours

$19,151.00 $1,149.00 $20,300.00

Max Fee $1,676.00

Min Fee $591.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7201AF B541 MOD 34 Incremental Funding $94,000PR #1300737802 for TI-22. (RDT&E)

629.00 LaborHours

$88,679.00 $5,321.00 $94,000.00

Max Fee $7,761.00

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Item PSC Supplies/Services Qty Unit Target CostTargetFee

CPIF

Min Fee $2,738.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7201AG B541 MOD 35 Incremental Funding 10 USC2410 (a) authority is being invoked.$144,000 PR #1300734297 for TI-22(RDT&E)

964.00 LaborHours

$135,849.00 $8,151.00 $144,000.00

Max Fee $11,890.00

Min Fee $4,194.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7201AH B541 MOD 36 Incremental Funding $116,000PR #1300757293 for TI-22 (RDT&E)

776.00 LaborHours

$109,434.00 $6,566.00 $116,000.00

Max Fee $9,578.00

Min Fee $3,379.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7201AJ B541 MOD 37 Incremental Funding $48,000PR #1300761875 for TI-22. MOD 42De-obligate $45,700 (RDT&E)

15.00 LaborHours

$2,170.00 $130.00 $2,300.00

Max Fee $189.00

Min Fee $67.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7201AK B541 MOD 38 Incremental Funding $41,000PR #1300768916-0001 for TI-22.(RDT&E)

274.00 LaborHours

$38,679.00 $2,321.00 $41,000.00

Max Fee $3,385.00

Min Fee $1,194.00

GovernmentOverrun ShareLine

70.00%

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Item PSC Supplies/Services Qty Unit Target CostTargetFee

CPIF

GovernmentUnderrun ShareLine

70.00%

7201AL B541 MOD 38 Incremental Funding $50,000PR #1300768915 for TI-22. (RDT&E)

335.00 LaborHours

$47,170.00 $2,830.00 $50,000.00

Max Fee $4,128.00

Min Fee $1,456.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

Cost Type / NSP Items:

Item PSC Supplies/Services Qty UnitEst.Cost

FixedFee

CPFF

7299 Data Deliverables for Option Period 2, IAWExhibit A, CDRLS

1.00 Lot NSP

Cost Type Items:

Item PSC Supplies/Services Qty Unit Target CostTargetFee

CPIF

7300 B541 Award Term 1 Technical and EngineeringSupport in accordance with Section C,Performance Work Statement. (FundType - TBD)Award Term

0.00 LaborHours

$0.00 $0.00 $0.00

Max Fee $0.00

Min Fee $0.00

GovernmentOverrun Share Line

0.00%

GovernmentUnderrun ShareLine

0.00%

7301

7301AA B541 Award Term 1 Technical and EngineeringSupport in accordance with Section C,Performance Work Statement. (FundType - TBD)

6,438.00 LaborHours

$934,634.83 $56,078.00 $990,712.83

Max Fee $81,803.00

Min Fee $28,859.00

GovernmentOverrun Share Line

70.00%

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Item PSC Supplies/Services Qty Unit Target CostTargetFee

CPIF

GovernmentUnderrun ShareLine

70.00%

7301AB B541 MOD 40 Incremental Funding $185,500PR #1300775107-00001 for TI-32(RDT&E)

1,205.00 LaborHours

$175,000.00 $10,500.00 $185,500.00

Max Fee $15,316.00

Min Fee $5,403.00

GovernmentOverrun Share Line

70.00%

GovernmentUnderrun ShareLine

70.00%

7301AC B541 10 U.S.C. 2410a authority is beinginvoked MOD 41 Incremental Funding$170300 PR #1300779445 for TI-31(RDT&E)

1,107.00 LaborHours

$160,660.00 $9,640.00 $170,300.00

Max Fee $14,061.00

Min Fee $4,960.00

GovernmentOverrun Share Line

70.00%

GovernmentUnderrun ShareLine

70.00%

7301AD B541 MOD 43 Incremental Funding $93,000PR #1300781642-00001 for TI-32(RDT&E)

604.00 LaborHours

$87,736.00 $5,264.00 $93,000.00

Max Fee $7,679.00

Min Fee $2,709.00

GovernmentOverrun Share Line

70.00%

GovernmentUnderrun ShareLine

70.00%

7301AE B541 MOD 43 Incremental Funding $197,500PR #1300775107-00003 for TI-32 MOD49 Re-aligned $18,000 from CLIN9301AE to CLIN 7301AE. MOD 53Re-aligned $4,400 from CLIN 9301AE toCLIN 7301AE. (RDT&E)

1,429.00 LaborHours

$207,453.00 $12,447.00 $219,900.00

Max Fee $18,157.00

Min Fee $6,405.00

GovernmentOverrun Share Line

70.00%

GovernmentUnderrun ShareLine

70.00%

7301AF B541 Mod 44 Incremental Funding $42,700 PR#1300783369-00001 for TI-32 MOD 51Re-align $500 from 7301AF to 9301AG.

274.00 LaborHours

$39,811.00 $2,389.00 $42,200.00

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Item PSC Supplies/Services Qty Unit Target CostTargetFee

CPIF

(RDT&E)

Max Fee $3,484.00

Min Fee $1,229.00

GovernmentOverrun Share Line

70.00%

GovernmentUnderrun ShareLine

70.00%

7301AG B541 MOD 45 Incremental Funding 10 U.S.C.2410(a) authority is being invoked$248,998.40 PR #1300786151-00001 forTI-32 MOD 57 realign $4,300 from9301AH to 7301AG (WCF)

1,646.00 LaborHours

$238,960.74 $14,337.66 $253,298.40

Max Fee $20,914.00

Min Fee $7,378.00

GovernmentOverrun Share Line

70.00%

GovernmentUnderrun ShareLine

70.00%

7301AH B541 MOD 47 Incremental Funding $387,500PR #1300797951 for TI-31 (RDT&E)

2,518.00 LaborHours

$365,566.00 $21,934.00 $387,500.00

Max Fee $31,995.00

Min Fee $11,287.00

GovernmentOverrun Share Line

70.00%

GovernmentUnderrun ShareLine

70.00%

7301AJ B541 MOD 48 Incremental Funding $169,000PR #1300798981 for TI-32 MOD 55Realigned $9,500 from CLIN 7301AJ toCLIN 9301AK (RDT&E)

1,037.00 LaborHours

$150,472.00 $9,028.00 $159,500.00

Max Fee $13,169.00

Min Fee $4,646.00

GovernmentOverrun Share Line

70.00%

GovernmentUnderrun ShareLine

70.00%

7301AK B541 MOD 49 Incremental Funding $75,000PR #1300775107-00005 for TI-32(RDT&E)

487.00 LaborHours

$70,755.00 $4,245.00 $75,000.00

Max Fee $6,192.00

Min Fee $2,184.00

GovernmentOverrun Share Line

70.00%

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Item PSC Supplies/Services Qty Unit Target CostTargetFee

CPIF

GovernmentUnderrun ShareLine

70.00%

7301AL B541 MOD 50 Incremental Funding $45,000PR #1300822824-00001 for TI-32 MOD61 De-Obligate Funding $20000(RDT&E)

162.00 LaborHours

$23,585.00 $1,415.00 $25,000.00

Max Fee $2,064.00

Min Fee $728.00

GovernmentOverrun Share Line

70.00%

GovernmentUnderrun ShareLine

70.00%

7301AM B541 MOD 52 Incremental Funding $293,500PR #1300822527-00001 for TI-32 MOD61 De-obligate $15,000 (RDT&E)

1,810.00 LaborHours

$262,736.00 $15,764.00 $278,500.00

Max Fee $22,995.00

Min Fee $8,112.00

GovernmentOverrun Share Line

70.00%

GovernmentUnderrun ShareLine

70.00%

7301AN B541 MOD 53 Incremental Funding $140,000PR #1300821712-00001 for TI-31(RDT&E)

910.00 LaborHours

$132,075.00 $7,925.00 $140,000.00

Max Fee $11,559.00

Min Fee $4,078.00

GovernmentOverrun Share Line

70.00%

GovernmentUnderrun ShareLine

70.00%

7301AP B541 MOD 56 Incremental Funding $44,500PR #1300833825-00001 for TI-31(RDT&E)

289.00 LaborHours

$41,981.00 $2,519.00 $44,500.00

Max Fee $3,674.00

Min Fee $1,296.00

GovernmentOverrun Share Line

70.00%

GovernmentUnderrun ShareLine

70.00%

7301AQ B541 MOD 57 Incremental Funding$13,388.54 PR #1300838245 for TI-32(RDT&E)

87.00 LaborHours

$12,630.70 $757.84 $13,388.54

Max Fee $327.00

Min Fee $115.00

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Item PSC Supplies/Services Qty Unit Target CostTargetFee

CPIF

GovernmentOverrun Share Line

70.00%

GovernmentUnderrun ShareLine

70.00%

7301AR B541 MOD 57 Incremental Funding $3,964.23PR #1300838247 for TI-32 (RDT&E)

26.00 LaborHours

$3,739.84 $224.39 $3,964.23

Max Fee $327.00

Min Fee $115.00

GovernmentOverrun Share Line

70.00%

GovernmentUnderrun ShareLine

70.00%

7301AS B541 MOD 58 Incremental Funding $20,000PR #1300840484-00001 for TI 31(RDT&E)

130.00 LaborHours

$18,868.00 $1,132.00 $20,000.00

Max Fee $1,651.00

Min Fee $582.00

GovernmentOverrun Share Line

70.00%

GovernmentUnderrun ShareLine

70.00%

Cost Type / NSP Items:

Item PSC Supplies/Services Qty UnitEst.Cost

FixedFee

CPFF

7399 Data Deliverables for Award Term 1, IAWExhibit A, CDRLS

1.00 Lot NSP

Cost Type Items:

Item PSC Supplies/Services Qty Unit Target CostTargetFee

CPIF

7400 B541 Award Term 2 Technical and EngineeringSupport in accordance with Section C,Performance Work Statement. (FundType - TBD)Award Term

0.00 LaborHours

$0.00 $0.00 $0.00

Max Fee $0.00

Min Fee $0.00

GovernmentOverrun ShareLine

0.00%

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Item PSC Supplies/Services Qty Unit Target CostTargetFee

CPIF

GovernmentUnderrun ShareLine

0.00%

7401 Award Term 2 Technical and EngineeringSupport in accordance with Section C,Performance Work Statement.

7401AA B541 Award Term 2 Technical and EngineeringSupport in accordance with Section C,Performance Work Statement. (FundType - TBD)

10,204.00 LaborHours

$1,525,785.00 $91,547.00 $1,617,332.00

Max Fee $133,543.00

Min Fee $47,113.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7401AB B541 MOD 59 Incremental Funding $860,000PR #1300842777-00001 for TI-41(RDT&E)

5,426.00 LaborHours

$811,321.00 $48,679.00 $860,000.00

Max Fee $71,010.00

Min Fee $25,051.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7401AC B541 MOD 59 Incremental Funding $250,000PR #1300843250-00001 for TI-42(RDT&E)

1,577.00 LaborHours

$235,849.00 $14,151.00 $250,000.00

Max Fee $20,642.00

Min Fee $7,282.00

GovernmentOverrun ShareLine

70.00%

GovernmentUnderrun ShareLine

70.00%

7401AD B541 MOD 60 Incremental Funding $468,000PR #1300840330-000001 for TI-42(RDT&E)

2,953.00 LaborHours

$441,509.00 $26,491.00 $468,000.00

Max Fee $38,642.00

Min Fee $13,632.00

GovernmentOverrun ShareLine

70.00%

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Item PSC Supplies/Services Qty Unit Target CostTargetFee

CPIF

GovernmentUnderrun ShareLine

70.00%

Cost Type / NSP Items:

Item PSC Supplies/Services Qty UnitEst.Cost

FixedFee

CPFF

7499 Data Deliverables for Award Term 2,IAWExhibit A CDRLS.

1.00 Lot NSP

ODC Items:

Item PSC Supplies/Services Qty Unit Est. Cost

9000 B541 Base Period ODC in support of CLIN7000- in accordance with the PWS inSection C. (Fund Type - TBD)

1.00 Lot $0.00

9001 ODC in support of CLIN 7001

9001AA B541 Base Period Technical and EngineeringSupport in accordance with Section C,Performance Work Statement. (FundType - OTHER)

1.00 Lot $45,159.00

9001AB B541 MOD 01 10 USC 2410(a) authority isbeing invoked. Incremental funding$1,800 PR #1300559176 for TI-01 (FundType - OTHER)

1.00 Lot $1,800.00

9001AC B541 MOD 01 Incremental Funding $3,000 PR#1300560988 for TI-02 MOD 14De-obligate $1,400 (Fund Type -OTHER)

1.00 Lot $1,600.00

9001AD B541 MOD 02 Incremental Funding $7000 PR#1300566939-00002 for TI-01 (RDT&E)

1.00 Lot $7,000.00

9001AE B541 MOD 04 10 USC 2410(a) authority isbeing invoked $1,000 PR#1300569750-0002 for TI #3(O&MAFR)

1.00 Lot $1,000.00

9001AF B541 MOD 05 Incremental Funding $3,000 PR#1300576952 for TI-02. MOD 14De-obligate $3,000 (RDT&E)

1.00 Lot $0.00

9001AG B541 MOD 06 Incremental Funding $5,000 PR#1300584527 for TI-02 MOD 14De-obligate $5,000 (RDT&E)

1.00 Lot $0.00

9001AM B541 MOD 12 Incremental Funding $1,100 PR#1300628775-00002 for TI-02 MOD 14De-obligate $1,100 (RDT&E)

1.00 Lot $0.00

9100 B541 Option Period 1 ODC in support of CLIN7100 - in accordance with the PWS inSection C. (Fund Type - TBD)Option

1.00 Lot $0.00

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Item PSC Supplies/Services Qty Unit Est. Cost

9101 Option Period One Technical andEngineering Support in accordance withSection C, Performance Work Statement.

9101AA B541 Option Period one holding CLIN (FundType - TBD)

1.00 Lot $52,568.81

9101AB B541 MOD 13 Incremental Funding $10000PR #1300629215 for TI-12 (RDT&E)

1.00 Lot $10,000.00

9101AC B541 MOD 13 Incremental Funding $20,000PR #1300633115-00002 for TI-11(RDT&E)

1.00 Lot $20,000.00

9101AD B541 MOD 15 Incremental Funding $1,100 PR#1300651167 for TI-12 MOD 53De-obligate $9.81. (RDT&E)

1.00 Lot $1,090.19

9101AE B541 MOD 15 10 U.S.C 2410(a) authority isbeing invoked. $4,400 PR #1300641165for TI-12 (Fund Type - OTHER)

1.00 Lot $4,400.00

9101AF B541 MOD 15 Incremental Funding 10 U.S.C.2410 (a) authority is being invoked.$5000 PR #1300541166 (RDT&E)

1.00 Lot $5,000.00

9101AG B541 MOD 16 Incremental Funding $10,000PR #1300643571 for TI-12 MOD 17Re-align $8000 to CLIN 7101 (RDT&E)

1.00 Lot $2,000.00

9101AH B541 MOD 21 Incremental Funding $3,000 PR#1300665588 for Ti-12 MOD 22Re-align $2000 from CLIN 9101 to CLIN7101 (RDT&E)

1.00 Lot $1,000.00

9101AJ B541 MOD 22 Incremental Funding $1,000 PR#1300667054 for TI-12 (RDT&E)

1.00 Lot $1,000.00

9101AK B541 MOD 24 Incremental Funding $2000 PR#1300679707 for TI-12 (RDT&E)

1.00 Lot $2,000.00

9101AL B541 MOD 25 Incremental Funding $500 PR#1300683151 for TI-12 (RDT&E)

1.00 Lot $500.00

9101AM B541 MOD 26 Incremental Funding $4000 PR#1300685992 for TI-12 (RDT&E)

1.00 Lot $4,000.00

9101AN B541 Mod 27 Incremental Funding $1,000 PR#1300687880 for TI-11 (RDT&E)

1.00 Lot $1,000.00

9101AP B541 MOD 28 Incremental Funding PR#1300690150 for TI-11 (RDT&E)

1.00 Lot $2,000.00

9200 B541 Option Period 2 ODC in support of CLIN7200- in accordance with the PWS inSection C. (Fund Type - TBD)Option

1.00 Lot $0.00

9201

9201AA B541 ODC in support of CLIN 7201 (FundType - TBD)

1.00 Lot $25,163.00

9201AB B541 MOD 30 Incremental Funding $9,500 PR#1300702744 for TI-22 (RDT&E)

1.00 Lot $9,500.00

9201AC B541 MOD 30 Incremental Funding $14,000PR #1300703001 for TI-21 (WCF)

1.00 Lot $14,000.00

9201AD B541 MOD 32 Incremental Funding $8,196 PR#1300707998 for TI-21 (RDT&E)

1.00 Lot $8,196.00

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Item PSC Supplies/Services Qty Unit Est. Cost

9201AE B541 MOD 33 Incremental Funding $1,000 PR1300711872 for TI-22 (RDT&E)

1.00 Lot $1,000.00

9201AF B541 MOD 34 Incremental Funding $6,000 PR#1300727802 for TI-22. (RDT&E)

1.00 Lot $6,000.00

9201AG B541 MOD 35 Incremental Funding 10 USC2410(a) authority is being invoked$1,000 PR #1300734297 for TI-22(RDT&E)

1.00 Lot $1,000.00

9201AH B541 MOD 36 Incremental Funding $4,000 PR#1300757293 for TI-22 (RDT&E)

1.00 Lot $4,000.00

9201AJ B541 MOD 37 Incremental Funding $2,000 PR#1300761875 for TI-22 MOD 42De-obligate $2,000 (RDT&E)

1.00 Lot $0.00

9201AK B541 MOD 38 Incremental Funding $9,000 PR#1300768916-00002 for TI-22 (RDT&E)

1.00 Lot $9,000.00

9201AL B541 MOD 39 Incremental Funding $28,700PR #1300771204 for TI-21 (RDT&E)

1.00 Lot $28,700.00

9300 B541 Award Term 1 ODC in support of CLIN7300- in accordance with the PWS inSection C. (Fund Type - TBD)Award Term

1.00 Lot $0.00

9301 Award Term 1 ODC in support of CLIN7301- in accordance with the PWS inSection C.

9301AA B541 Award Term 1 ODC in support of CLIN7301- in accordance with the PWS inSection C. (Fund Type - OTHER)

1.00 Lot $14,109.00

9301AB B541 MOD 40 Incremental Funding $2,000 PR#1300775107-00002 for TI-32 (RDT&E)

1.00 Lot $2,000.00

9301AC B541 10 U.S.C. 2410a authority is beinginvoked MOD 41 Incremental Funding$20000 PR #1300779445 for TI-31(RDT&E)

1.00 Lot $20,000.00

9301AD B541 MOD 42 Incremental Funding $4,776 PR#1300780056 for TI-32. (WCF)

1.00 Lot $4,776.00

9301AE B541 MOD 43 Incremental Funding $35,000PR #1300775107-00004 for TI-32 MOD49 Re-align $18,000 From 9301AE to7301AE MOD 53 Re-align $4,400 from9301AE to 7301AE. (RDT&E)

1.00 Lot $12,600.00

9301AF B541 MOD 43 Incremental Funding $7,000 PR#1300781642-00002 for TI-32 (RDT&E)

1.00 Lot $7,000.00

9301AG B541 MOD 44 Incremental Funding $5,000 PR#1300783369-00002 for TI-32 (RDT&E)

1.00 Lot $5,500.00

9301AH B541 MOD 45 Incremental Funding 10 U.S.C.2410(a) authority is being invoked$40,000 PR #1300786151-00002 forTI-32 MOD 57 Realign $4,300 from9301AH to 7301AG (WCF)

1.00 Lot $35,700.00

9301AJ B541 MOD 46 Incremental Funding $12,924PR #1300794050 for TI-32 (WCF)

1.00 Lot $12,924.00

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Item PSC Supplies/Services Qty Unit Est. Cost

9301AK B541 MOD 48 Incremental Funding $6,000 PR#1300798981-00002 for TI-32 MOD 55Re-aligned $9,500 from 7301AJ to9301AK (RDT&E)

1.00 Lot $15,500.00

9301AL B541 MOD 50 Incremental Funding $5,000 PR#1300822824-00002 for TI-32 MOD 61De-obligate $2000 (RDT&E)

1.00 Lot $3,000.00

9301AM B541 MOD 52 Incremental Funding $6,500 PR#1300822527-00002 for TI-32 (RDT&E)

1.00 Lot $6,500.00

9301AN B541 MOD 55 Incremental Funding $8000 PR#1300835179-00001 for TI-31 (RDT&E)

1.00 Lot $8,000.00

9301AP B541 MOD 55 Incremental Funding $8,950 PR#1300835659-00001 for TI-32 (WCF)

1.00 Lot $8,950.00

9400 B541 Award Term 2 ODC in support of CLIN7400- in accordance with the PWS inSection C. (Fund Type - TBD)Award Term

1.00 Lot $0.00

9401 Option Year 4

9401AA B541 Award Term 2 (Fund Type - TBD) 1.00 Lot $53,559.00

9401AB B541 MOD 59 Incremental Funding $20,000PR #1300842777-00002 for TI-41(RDT&E)

1.00 Lot $20,000.00

9401AC B541 MOD 59 Incremental Funding $18,000PR #1300843250-00002 for TI-42(RDT&E)

1.00 Lot $18,000.00

9401AD B541 MOD 60 Incremental Funding $15,000PR #1300840330-000002 for TI-42(RDT&E)

1.00 Lot $15,000.00

NOTE 1:  LABOR HOURS (HR)

The labor hours listed above for the Base Period and each Option Period and Award Term Period shall reflect the Level of Effort providedin Section H, 5252.216-9122 Alt 1, Level of Effort Clause.

NOTE 2: OPTION CLAUSE

 Option to Extend the Term of the Contract Clause in Section I applies to the Option CLINs and Award Term CLINs.

NOTE 3:  AWARD TERM

The Award Term CLINs are distinguished from Option CLINs and are awarded in accordance with the Award Term Plan, in Section E.Notwithstanding the word “Option” which appears in the Section B CLIN description or elsewhere in this Task Order, for Award TermCLINs, award terms are not “Options” until earned.

NOTE 4:  OTHER DIRECT COSTS

Any Other Direct Cost (ODC) other than the costs identified in Section L, will be limited to those approved at time of award.

NOTE 5:  NOT SEPARATELY PRICED

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Price for Not Separately Priced (NSP) Items shall be included in the price of the corresponding labor CLINS

B.1 USE WHOLE DOLLARS ONLY

All proposals shall be rounded to the nearest dollar.

B.2 TYPE OF ORDER

This task order is a Level of Effort (term) type order.Items in the 7xxx series are Cost Plus Incentive Fee (CPIF) and Not Separately Priced (NSP) type.Items in the 9xxx series are cost only, excluding fee.

B.3 ADDITIONAL CLINS

Additional CLINs may be unilaterally created by the Contracting Officer during the performance of this Task Order to accommodate themultiple types of funds that may be used under this Task Order. These modifications will not change the overall level of effort, estimatedcost or incentive fee of the Task Order.

B.4 INCENTIVE FEE INSTRUCTIONS

 

Note:  Upon award, the successful Offeror’s proposed maximum and target fee percentages, if less than the solicitation stated thresholds,will be incorporated in the below table and in FAR Clause 52.216-10, Incentive Fee, in Section I. The minimum fee shall be three percent(3%). The maximum fee shall not be greater than nine percent (9%). Target fee shall not be greater than six percent (6%). Additionally,target fee applies to all subcontractors when CPIF type subcontracts are proposed.

The target cost, target fee amounts shall be based upon the actual level of effort the contractor provides. Average hourly rate is determinedby including all allowable costs (including COM, if applicable). Fee/hour is calculated on cost less COM if applicable. (If COM isproposed, please add needed columns).

INCENTIVE FEE TABLECLIN QTY

(Hrs)Min

Fee/HrsTarget

Fee/HrsMax

Fee/Hrs=RateTarget

Cost/HrsMin Fee(Hrs xMinFee)

TargetFee (Hrsx Target

Fee)

Max Fee(Hrs x

Max Fee)

Target Cost(Hrs xRate)

7001  20160  $3.99 $7.97  $11.96  $132.85  $80,349 $160,699 $241,048  $2,678,312 7101  20160  $4.11 $8.21 $12.32 $136.84 $82,760 $165,520 $248,280 $2,758,6627201  20160  $4.23 $8.46 $12.68  $140.94  $85,243  $170,485 $255,728  $2,841,4227301  20160  $4.36 $8.71  $13.07  $145.17  $87,800  $175,600 $263,400 $2,926,664 7401  20160  $4.49 $8.97 $13.46 $149.53  $90,434 $180,868 $271,302 $3,014,464

*   Offerors shall complete this table

(i) The CPIF target cost for CLIN 7000, and if exercised CLINs 7100 and 7200, and if earned and exercised CLINs 7300 and 7400 shallbe entered in the Target Cost column in the INCENTIVE FEE TABLE above. The Target Cost is determined by multiplying the allowablehours worked (Qty (Hrs)), including subcontractor hours, corresponding to each CLIN by the target cost per hour (Target Cost/Hour(Rate). The target cost per hour (Target Cost/Hour (Rate)) shall include all proposed costs (including cost of money (if proposed) andsubcontractor costs) for the corresponding CLIN. Fee charged by subcontractors shall also be included in the target cost.

(ii) The CPIF target fee for CLIN 7000, and if exercised CLINs 7100 and 7200, and if earned and exercised, CLINs 7300 and 7400 shallbe determined by multiplying the allowable hours worked (Qty (Hrs)), including subcontractor hours, for the corresponding CLIN by thetarget fee per hour (Target Fee/Hour (TF)) from the INCENTIVE FEE TABLE. This shall be entered in the Target Fee (Target Fee (Hrs xTF)) column of the INCENTIVE FEE TABLE above.

(iii) The share ratio for the CPIF portion of the fee structure is 70/30 (70% Government and 30% Contractor) for both under-runs andover-runs. The fee earned under the CPIF portion of the fee structure will be based on the total allowable costs incurred by the contractorin comparison to the final target cost for each of the aforementioned CLINs. See the Incentive Fee Clause (52.216-10) in Section I of this

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Task Order.

(iv) Final Costs and Fee. Actual resulting fee will be calculated at the end of the Period of Performance for each CLIN. Final cost and feeare shown in the following table:

CLIN DeliveredHrs

Actual CostPer Hr

Actual Cost(A*B=C)

Final TargetIncentive Fee

Incentive FeeShare LineAdjustment

ComputedIncentive Fee

(D+E=F)

Total(C+F=G)

7000              7100              7200              7300              7400              

B.5 HQ B-2-0004 EXPEDITING CONTRACT CLOSEOUT (NAVSEA) (DEC 1995)

(a) As part of the negotiated fixed price or total estimated amount of this contract, both the Government and the Contractor have agreed towaive any entitlement that otherwise might accrue to either party in any residual dollar amount of $500 or less at the time of finalcontract closeout.  The term “residual dollar amount” shall include all money that would otherwise be owed to either party at the end ofthe contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded.For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid bythat party may be considered to the extent permitted by law.

(b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrativecosts for either party associated with collecting such small dollar amounts could exceed the amount to be recovered.

B.6 HQ B-2-0007 LIMITATION OF COST OR LIMITATION OF FUNDS LANGUAGE

The clause entitled “LIMITATION OF COST” (FAR 52.232-20) OR “LIMITATION OF FUNDS” (FAR 52.232-22), as appropriate, shallapply separately and independently to each separately identified estimated cost.

B.7 HQ B-2-0015 PAYMENT OF FEE(S) (LEVEL OF EFFORT – ALTERNATE I) (NAVSEA) (MAY 2010)

 

(Applicable to CLIN 7000, if and to the extent Options are exercised and Award Terms are awarded. CLINS 7100 through 7400.)

(a) For purposes of this contract, “fee” means “target fee” in cost-plus-incentive-fee type contracts, “base fee” in cost-plus-award-fee typecontracts, or “fixed fee” in cost-plus-fixed-fee type contracts for level of effort type contracts.

(b) The Government shall make payments to the Contractor, subject to and in accordance with the clause in this contract entitled “FIXEDFEE” (FAR 52.216-8) OR “INCENTIVE FEE”, (FAR 52.216-10), as applicable. Such payments shall be submitted by and payable to theContractor pursuant to the clause of this contract entitled “ALLOWABLE COST AND PAYMENT” (FAR 52.216-7), subject to thewithholding terms and conditions of the “FIXED FEE” or “INCENTIVE FEE” clause, as applicable, and shall be paid at the hourlyrate(s) specified above per man-hour performed and invoiced. Total fee(s) paid to the Contractor shall not exceed the fee amount(s) setforth in this contract. In no event shall the Government be required to pay the Contractor any amount in excess of the funds obligatedunder this contract.

B.10 HQ B-2-0020 TRAVEL COSTS – ALTERNATE I (NAVSEA) (DEC 2005)

(Applicable to CLIN 9000, if and to the extent Options are exercised and Award Terms are awarded, to CLINS 9100 through 9400.)

(a) Except as otherwise provided herein, the Contractor shall be reimbursed for its reasonable actual travel costs in accordance with FAR31.205-46. The costs to be reimbursed shall be those costs accepted by the cognizant DCAA.

(b) Reimbursable travel costs include only that travel performed from the Contractor’s facility to the worksite, in and around the worksite,and from the worksite to the Contractor’s facility.

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(c) Relocation costs and travel costs incidental to relocation are allowable to the extent provided in FAR 31.205-35; however, ContractingOfficer approval shall be required prior to incurring relocation expenses and travel costs incidental to relocation.

(d) The Contractor shall not be reimbursed for the following daily local travel costs:

      (i) travel at U.S. Military Installations where Government transportation is available,

      (ii) travel performed for personal convenience/errands, including commuting to and from work, and

     (iii) travel costs incurred in the replacement of personnel when such replacement is accomplished for the Contractor’s or employee’sconvenience.

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Section C - Description/Specifications/Statement ofWork

C.1      BACKGROUND

The Naval Surface Warfare Center Dahlgren Division’s Cyber Warfare Engineering Division and Asymmetric Systems Division has beentasked to provide technical and engineering support for asymmetric and cyber warfare projects. The Department supports Navy, MarineCorps, and other Department of Defense (DoD) or U.S. Government Agency projects including: Anti-Terrorism, Force-Protection,Counter-Improvised Explosive Device (IED), Forensics, Counter Drug, Intelligence, Critical Infrastructure Protection, and IrregularWarfare.

The Cyber Warfare Engineering Division at the Naval Surface Warfare Center, Dahlgren Division 

enables informed, timely, risk-management decisions at the strategic, operational and tactical levels through systems engineering analysis,risk assessment, risk management, integration and decision support to assure the availability of critical assets, infrastructure, and supportservices at National, Federal, State and Local agencies.  The division analyzes relationships among missions, objectives, operations andasset owner’s capabilities, and dependencies on supporting critical assets to assist informed resource allocation decisions in support ofassuring force availability and operational readiness.  This involves the identification, assessment, protection, real-time monitoring, andoperational assurance of mission critical assets essential to the execution of the National Security Strategy.

C.2      SCOPE

Contractor support shall be provided to the Cyber Warfare Engineering Division and Asymmetric Systems Division.  The Cyber WarfareEngineering Division and Asymmetric Systems Division  conducts research and development analyses, including: Anti-Terrorism/ForceProtection; Special Technology Integration; Counter Technologies; Mission Assurance; Cyber Warfare; Irregular Warfare; Tagging,Tracking, and Location; Identity Management, Biometrics: Communication Systems; Intelligence, Surveillance, and Reconnaissance (ISR)Systems; Non-Lethal Warfare; and Maritime Security, all of which are programs under the cognizance of Cyber Warfare Engineering

Division and Asymmetric Systems Division. Aspects of some of these projects may be executed in other NSWCDD departments

with Cyber Warfare Engineering Division or Asymmetric Systems Division retaining overall programmatic responsibility. The Contractorshall provide technical support services for systems engineering and program analysis.  This support shall be provided in the generalWork Areas of: Systems Engineering, Mission Analysis, Intellectual Outreach & Technical Review, and Configuration Management.

 

 

C.3      APPLICABLE DOCUMENTS 

  DOD Directive 3020.40, “DOD Policy and Responsibilities for Critical Infrastructure,” January 14, 2010      DOD Instruction 3020.45, “Defense Critical Infrastructure Program Management,” DRAFT       DOD Manual 3020.45-Volume 5, “Defense Critical Infrastructure Program (DCIP):  Execution Time line,” May 24,  2010         DOD Manual 3020.45 Volume 1, “Defense Critical Infrastructure Program (DCIP): DoD Mission-Based Critical AssetIdentification Process (CAIP),” October 24, 2008      DOD Manual 3020.45 Volume 2, “Defense Critical Infrastructure Program (DCIP):  DCIP Remediation Planning,” October 28,2008       DOD Strategy, “Mission Assurance Strategy,” May 2012           DOD Strategy, “Strategy for Defense Critical Infrastructure,” March 2008  Homeland Security Presidential Directive 7, “Critical Infrastructure Identification, Prioritization, and Protection,”  December 17,

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2003        DOD Manual 3020.45-Volume 3, “Defense Critical Infrastructure Program (DCIP):  Security Classification    Manual,” February15, 2011

Note: The Contractor shall use the most current version of the documents listed throughout the entire task order.

C.4      REQUIREMENTS

C.4.1 Systems Engineering

C.4.1.1 The contractor shall apply system engineering tools to provide System Engineering support.  NOTE: Current processes involvethe use of formal systems engineering tools.  Tools currently being used include Innoslate, and Magic Draw.  The contractor andgovernment may agree to another approach.

C.4.1.2 The contractor shall apply the Department of Defense Architecture Framework (DODAF) system requirements to develop systemarchitectures, integrated architecture behavioral views, and executable operational models (CDRL A003, CDRL A005).  The contractorshall analyze and validate the models.

C.4.1.3 The contractor shall import documents into systems engineering tools and apply a systems engineering discipline methodologyusing the DODAF construct to identify process and analysis (e.g. infrastructure analysis) gaps and overlaps.  The output of this analysisshall be in Integrated Definition Language (IDEF) systems and operational views, SYSML files, HTML files, DOD-compatible Microsoftdesktop software applications format (e.g., Microsoft Office, Microsoft Project, etc.), or other formats that are supportable by the tools(CDRL A005).

C.4.1.4 The contractor shall utilize a systems engineering tool and work with Cyber Warfare Engineering Division and AsymmetricSystems Division personnel to upload, display and export analysis into a geospatial environment for web-based visualization and intoother visualization tools.  The output of this analysis shall be in a Rich Text Format (RTF) or HTML file, or other formats that aresupportable by the systems engineering and visualization tools (CDRL A005).

C.4.1.5 The contractor shall assess and provide recommendations for the technical integration of software or equipment into differentapplications or platforms to support system engineering product development.  This may include support to schema modification(s) withinsystems engineering tools as needed.

C.4.1.6 The contractor shall utilize systems engineering tools to import and export data and analysis from Database Management Systemscurrently in use or planned for use by  Cyber Warfare Engineering Division/Asymmetric Systems Division and other related programs. The imported data shall be visualized in IDEF systems and operational views, HTML files, or other formats that are supportable by thesystems engineering tools.  The exported data shall be in a RTF or HTML file, or other formats that are supportable by the systemsengineering tools (CDRL A005).

C.4.1.7 The contractor shall utilize system engineering tools to perform an impact analysis if certain nodes are failed or degraded.  Thisanalysis shall be integrated with the entire system model and the output must be in HTML files or text files and imported into geospatialvisualization (CDRL A005).

C.4.1.8 The contractor shall modify systems engineering tools to create unique interfaces, simulation, visualization, and import/exportcapabilities to support architectural product development, mission analysis, demonstration, and planning (CDRL A005).  The contractorshall test each interface, visualization, and unique capability developed to ensure proper functionality and deliver a test report (CDRLA007).

C.4.1.9 The contractor shall conduct training on model-based systems engineering and systems engineering tools and developedinterfaces, simulation, visualization, and import/export capabilities and deliver a user’s manual (CDRL A006, CDRL A008).

C.4.2 Mission Analysis

C.4.2.1 The contractor shall utilize a systems engineering process to perform Mission Analysis to include mission decomposition andcriticality analysis.  This shall include the use of analytical processes designed to assist in the recommendation of assets that may becritical to a national, region, state or specific location as they apply to peacetime, contingency, emergency, or wartime missions or events. This also includes analyzing dependencies and criticalities utilizing systems engineering tools and applying risk assessment methodologiesand protocols to determine risk mitigation scores (CDRL A002, CDRL A003).  A significant amount of this data resides at the Top Secret

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level and will require personnel with Top Secret clearances and be SCI eligible to perform this task.

C.4.2.2 The contractor shall develop and document mission analysis products in systems engineering tools.

C.4.2.3 The contractor shall identify DOD and supporting federal agencies, state, local, or industrial assets in geographic regions and beable to state that asset’s function and importance to the DOD as related to Mission Essential Tasks, Operational Plans, and the NationalMilitary Strategy (CDRL A002, CDRL A003).  A significant amount of this data resides at the Top Secret level and will requirepersonnel with Top Secret clearances and be SCI eligible to perform this task.

C.4.2.4 The contractor shall integrate Task Critical Assets (TCAs) provided by Combatant Commands, identify the importance of theseTCAs to Mission Essential Tasks, Operational Plans, and the National Military Strategy, and prioritize these TCAs to assist in thedevelopment of Defense Critical Assets (DCAs) lists.  A significant amount of this data resides at the Top Secret level and will requirepersonnel with Top Secret clearances and be SCI eligible to perform this task.

C.4.2.5 The contractor shall integrate mission analysis data into the systems engineering tool and extract data in order to support missionplanning (CDRL A003).

C.4.3 Intellectual Outreach & Technical Review

C.4.3.1 The contractor shall provide general and technical inputs to Risk Analysis and Assessment, System Engineering, MissionAnalysis, Training, and Program Management methodologies, processes, and policies. This includes reviewing, analyzing and comparing,and proposing enhancements.

C.4.3.2 The contractor shall provide general and technical inputs to documents for formal and informal publication by the Government.This includes documents for internal and external publications such as journals, formal policy, manuals, etc. This may include generationof original documents (CDRL A003).

C.4.3.3 The contractor shall provide general and technical inputs for Government requirements in support of or in conjunction with theGovernment.  This includes participation in technical briefings, conferences, seminars and demonstration efforts.  The purpose is toleverage  Cyber Warfare Engineering Division and Asymmetric Systems Division expertise throughout the customer community (CDRLA002).

 C.4.4 Configuration Management

C.4.4.1 The contractor shall support and perform Configuration Management for all analytical work efforts to ensure proper dataconfiguration, storage, and version control.  This applies to outputs and analysis performed using systems engineering tools, relatedvisualization capabilities, various work products, and other work efforts described in this PWS.  The contractor shall provide subjectmatter expertise in the identification of configuration requirements and integration with existing and proposed data management systemefforts.

C.4.4.2 The contractor shall support the Government in integrating systems engineering tools’ analytical output with   Cyber WarfareEngineering Division/Asymmetric Systems Division and other existing databases.  This includes defining and documenting the process forraw and synthesized data flow between systems engineering tools, the Data Management Specialist and other in-house databases, and thecurrent visualization tools.  This includes providing recommendations for other technology solutions as applicable, field testing and spiraldevelopment of workable and repeatable processes, and training others on the approved solutions (CDRL A003).

C.4.5 Progress Reporting and Other Support Areas 

C.4.5.1 In performance of the above task statements, the contractor shall be required to coordinate with federal, state and localcommunities for collaboration purposes and to maintain situational awareness of their respective initiatives.

C.4.5.2 The contractor shall provide system engineering and other support in the development of program documentation, includingProgram Plans, System Effectiveness Plans, System Procedures Manuals, and Program Management Planning Documents.  Some of thesedocuments may exist in part or whole, while others will be newly created by the contractor (CDRL A003).

C.4.5.3 The Contractor shall develop system engineering related and other presentations, briefings, and products; and participate inanalytical product generation for NSWCDD (CDRL A002).

C.4.5.4 The Contractor shall assist in Cyber Warfare Engineering Division and Asymmetric Systems Division liaison activities which

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includes reach back support and personnel that are familiar with COCOM missions, assets, and analysis requirements. 

C.4.5.5 The contractor shall attend meetings and participate in conferences as requested by the Government.  The contractor shall providemeeting reports (CDRL A004). 

C.4.5.6 The contractor shall submit a progress report (CDRL A001).

 C.4.5.7 In-Progress Reviews (IPRs) - The Contractor shall participate in both formal and informal IPRs of work being performed.  IPRsmay be conducted at the overall Task Order level or for specific projects/work areas/TIs.  Reviews will be scheduled by the Government. At the time the review is scheduled, the Government will communicate the specific purpose of the review.  An initial formal IPR isplanned within 60 days of the Task Order award date and will follow the agenda agreed to by the Task Order’s COR.  Subsequent formalIPRs shall be held approximately every 90 days thereafter unless waived by the Government (CDRL A002).

C.5 OTHER DIRECT COST (ODCs)

C.5.1 TRAVEL

The contractor may be required to travel in performance of this task order. The numbers of trips and types of personnel traveling shall belimited to the minimum required to accomplish work requirements and shall be coordinated with the COR. All travel shall be conductedin accordance with FAR 31.205-46 Travel Costs and shall be pre-approved by the COR. Representative travel to the following locations isanticipated:

Dahlgren, VA

Washington, DC (Pentagon)

Huntsville, AL

Tampa, FL

Quantico, VA

C.5.2. Materials

C.5.2.1 Materials and Equipment Cost

During the performance of this task order it may be necessary for the contractor to procure materials or equipment (hereafter referred toas “materials”) to respond to the mission requirements listed in the Performance Work Statement. This task order is issued from a servicecontract and the procurement of materials of any kind that are not directly related to and necessary for contract performance may bedetermined to be unallowable costs pursuant to FAR Part 31. The term “material” includes supplies, parts, equipment, hardware, andInformation Technology (IT) resources including hardware, services, and software. Any material provided by the contractor is subject tothe requirements of the FAR, DFARS, and the applicable Department of Navy regulations and instructions. Charges related to materialscosts may include general and administrative (G&A) expenses but shall not include fee or profit. 

The materials shall be the only materials approved for purchase under this task order. If the contractor operates a DCMA-approvedpurchasing system, individual item purchases equal to or over $10,000 shall not be executed until the COR reviews the requestedpurchase and approval is obtained from the Contracting Officer (CO). If the contractor does not operate an approved purchasing system,individual item purchases equal to or over $3,000 shall not be executed until the COR reviews the requested purchase and approval isobtained from the CO. No purchases of any amount shall be executed by a subcontractor if they do not have a DCAA-approvedaccounting system.

C.5.2.2 Materials List

The materials and equipment contained in the following list are authorized for purchase once the Contractor has complied with approvalrequirements as stated in sections C.5.2.1 above and C.5.2.3 below.

Materials - Training Manuals, User Manuals, other printed documentation for developed software

Equipment - Test and demonstration equipment, prototype equipment, equipment for evaluation (such as programmable industrial

control system controllers and intelligence, surveillance, and reconnaissance (ISR) devices)

Hardware - IT devices, such as computers, hard drives, or associated peripherals

Software Licenses - Systems Engineering Software (such as Innoslate, CORE, MagicDraw)

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C.5.2.3 INFORMATION TECHNOLOGY (IT) RESOURCES

IT Resources shall not be purchased unless DoD and Navy purchasing procedures have been satisfied and approvals obtained. ITresources include personal computers (PC’s), laptops, printers, software, servers, hubs, routers, phones, fax machines, and any relatedmaintenance, telecommunications, training, or other support services.

 

 

 

C.6 MANDATORY REQUIREMENTS  

Offerors must meet all mandatory requirements or provide an acceptable plan to meet them by time of award. In addition, mandatoryrequirements must be maintained throughout the life of the Task Order. The mandatory requirements are as follows:

Requirement 1 – FACILITY SECURITY CLEARANCE:

The contractor’s primary facility for supporting this task order must be cleared at the TOP SECRET level.

Requirement 2 – PERSONNEL SECURITY CLEARANCE:

Program Manager, One Senior Mission Analyst, and One Junior Mission Analyst, must possess a clearance at the TOP SECRET level withSCI Eligibility (Single Scope Background Investigation (SSBI)) within the last 5 years. All other personnel providing technical support underthis requirement must possess a clearance at the SECRET level or higher. Interim clearances are acceptable for all clearance levels.

Requirement 3 – SENSITIVE COMPARTMENTED INFORMATION (SCI) CLEARANCE:

Once sponsored, the offeror is required to obtain and maintain an SCI clearance.

 

C.7 GOVERNMENT FURNISHED OFFICE SPACE

The Government will provide office space in NSWCDD spaces on a full-time basis, as deemed necessary, for contractor personnel. Eachoffice space shall include a desk, computer, chair, telephone and printer access. The labor category and the number of employees areshown in the table below. 

Labor Category Number

Senior Mission Analyst 1

C.8  SECURITY

C.8.1   Personnel providing direct technical support to this effort will be required to have at a minimum a DOD SECRET clearance attime of award.  The Program Manager, one Senior Mission Analyst, and one Junior Mission Analyst are required to have a TOP SECRETclearance with SCI eligibility at time of award.  The contractor will have access to information and compartments with a TOP SECRET /SCI classification.  All deliverables associated with this contract are unclassified unless otherwise specified.  Access to classified spacesand material and generation of classified material shall be in accordance with the attached DD Form 254.  The Department of DefenseContract Security Classification Specification (DD Form 254) provides the security classification requirements for this task order. Thecontractor shall obtain facility and personnel security clearances as required by the Department of Industrial Security Program prior tostarting to work on tasks requiring clearances.  Access to classified spaces and material and generation of classified material shall be inaccordance with the NISPOM and the NSWCDD Command Security Manual. 

C.8.2   The contractor shall require access to Communications Security (COMSEC) in order to use crypto keying material.  A COMSECand DCS account is not required due to work being conducted entirely at a government installation. Access to SCI and Non-SCIintelligence is needed in order to utilize intelligence documents related to Defense Critical Assets and mission support and linkage. 

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Access to NATO is required to obtain a SIPR net account to obtain documents on intelligence.  For Official Use Only (FOUO) andPersonally Identifiable Information (PII) generated and/or provided under this contract shall be safeguarded and marked as specified inDOD 5400.7-R Chapters 3 and 4.   All above accesses are needed to support and provide the system engineering and mission analysis ofDOD mission essential tasks, Operational Plans, and military strategy.

C.8.3   Facility Clearance:  The Contractor shall possess and maintain a TOP SECRET facility clearance as verified within the IndustrialSecurity Facility Database.

C.8.4   Physical Security:  No safeguarding of classified material is authorized at the contractor facility.   Safeguarding will only berequired at the actual performance site listed in Block 13 on the DD254.  Actual performance site’s security regulations and guidelineswill apply.

C.8.5   Electronic Spillages (ES) are unacceptable and pose a risk to national security.  An electronic spillage is defined as classified dataplaced on an information system (IS), media or hard copy document possessing insufficient security controls to protect the data at therequired classification level, thus posing a risk to national security (e.g., sensitive compartmented information (SCI) onto collateral, Secretonto Unclassified, etc.).  The contractor's performance as it relates to ES will be evaluated by the Government.  ES reflects on the overallsecurity posture of NSWCDD and a lack of attention to detail with regard to the handling of classified information of IS securitydiscipline and will be reflected in the contractor's performance rating.  In the event that a contractor is determined to be responsible for anES, all direct and indirect costs incurred by the Government for ES remediation will be charged to the contractor.

C.8.6   NSWCDD Security will continue to be responsible for the corrective action plan in accordance with the security guidancereflected on the DOD Contract Security Classification Specification - DD254.  NSWCDD Security will identify the contractor facility andcontract number associated with all electronic spillages during the investigation that involve contractor support.  NSWCDD Security willnotify the Contracts Division with the contractor facility name and contract number, incident specifics and associated costs for cleanup. The Contracting Officer will be responsible to work with the Contractor Facility to capture the costs incurred during the spillage cleanup. The Contractor is also responsible for taking Information Security Awareness training annually, via their Facility Security Officer(FSO), as part of the mandatory training requirements. If a spillage occurs additional training will be required to prevent recurrence.

C.9 PORTABLE ELECTRONIC DEVICES (PEDs)

C.9.1 Non-government and/or personally owned portable electronic devices (PEDs) are prohibited in all NSWCDD buildings with theexception of personally owned cell phones which are authorized for use in spaces up to and including Controlled Access Areas. TheContractor shall ensure the onsite personnel remain compliant with this PED policy. NSWCDD instruction defines PEDS as the following:any electronic device designed to be easily transported, with the capability to store, record, receive or transmit text, images, video, oraudio data in any format via any transmission medium. PEDS include, but are not limited to, pagers, laptops, radios, compact discs andcassette players/recorders. In addition, this includes removable storage media such as flash memory, memory sticks, multimedia cards andsecure digital cards, micro-drive modules, ZIP drives, ZIP disks, recordable CDs, DVDs, MP3 players, IPADs, digital picture frames,electronic book readers, kindle, nook, cameras, external hard disk drives, and floppy diskettes.

C.9.2 PEDs belonging to an external organization shall not be connected to NSWCDD networks or infrastructure without prior approvalfrom the NSWCDD Information Assurance and Compliance Branch, CXA10. This approval will be granted using the TARIS form andaction tracker process.

C.9.3 Personally owned hardware or software shall not be connected or introduced to any NSWCDD hardware, network or informationsystem infrastructure.

C.10  VISITS BY FOREIGN NATIONALS AND FOREIGN REPRESENTATIVES

C.10.1  Contract performance may require that the contractor host, at an off-base location, foreign nationals and/or foreignrepresentatives.  A foreign national is a person who is a citizen of a foreign nation, and who is not a citizen of the United States.  Aforeign representative is a person who represents a foreign interest in dealings with the U.S. Government, either directly or throughdealings with a U.S. Government contractor.  A foreign representative may be a United States citizen. 

C.10.1.1  A contractor-hosted visit of a foreign national or foreign representative may be either an “official” visit or an “unofficial” visit. An official visit is a visit where the foreign national or foreign representative is representing a foreign government in an official capacity. An unofficial visit is a visit where the foreign national or foreign representative is not representing a foreign government.

C.10.1.2  A visit by a foreign national or a foreign representative may be either “DOD Sponsored” or “Non-DOD Sponsored”.  A DOD

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Sponsored visit is a visit that is coordinated by a DOD entity.  A Non-DOD Sponsored visit is a visit that does not involve DODcoordination (A visit by either a foreign national or a foreign representative pursuant to performance by the contractor under this contractis not considered to be, by itself, a sponsored visit). 

C.10.2 The contractor hosting a visit by either a foreign national or a foreign representative is responsible for adherence to Department ofDefense and Department of the Navy directives, instructions, regulations, and manuals that govern foreign disclosure.  “ForeignDisclosure” is defined as the disclosure of Classified Military Information (CMI) and Controlled Unclassified Information (CUI) toforeign nationals and/or foreign representatives.  Disclosure of such information may be accomplished orally, visually, in writing, or byany other medium.

C.10.2.1  Classified Military Information (CMI).  This is information that is originated by or for the Department of Defense, or a MilitaryDepartment, or an entity under its jurisdiction and control, and which requires protection in the interest of national security.  Suchinformation is designated as TOP SECRET, SECRET, or CONFIDENTIAL. 

C.10.2.2  Controlled Unclassified Information (CUI).  This is information that although unclassified is subject to access or distributionlimitations in accordance with statute or regulation.  Included is information exempt from mandatory release to the public under theFreedom of Information Act, or information that is subject to export control. 

C.10.3  Naval Surface Warfare Center Dahlgren Division (NSWCDD) Foreign National Visitor and Foreign Disclosure Applicationprocess.  The NSWCDD has established a foreign national visitor approval and foreign disclosure process.   Whenever, pursuant to theterms of this contract, a visit to a contractor facility or contractor workspace by a foreign national or foreign representative is anticipated,and one or more NSWCDD employees will be in attendance at this visit/meeting for the purpose of potential discussions, above thepublic release level, resulting in disclosure of either CMI or CUI, a completed “NSWCDD Foreign National Visitor and ForeignDisclosure Application” e-form must be supplied to the Contractor’s Facility Security Officer (FSO).  The accountable NSWCDDpersonnel attending the meeting must ensure that the NSWCDD disclosure process has been complied with and an approved copy of the“NSWCDD Foreign National Visitor and Foreign Disclosure Application” generated e-form has been provided to the COR and theContractor’s FSO.  The Contractor’s FSO should ensure that approved copies of the e-form are maintained at their facility as a record ofcompliance with requirements set forth in the National Industrial Security Program Operating Manual (NISPOM) as well as therequirements set forth above.

C.11 ON-SITE ENVIRONMENTAL AWARENESS 

C.11.1   The contractor shall strictly adhere to all Federal, State and local laws and regulations, Executive Orders, and Department ofDefense and Navy policies.

C.11.2   The contractor shall ensure that each contractor employee who has been or will be issued a Common Access Card (CAC)completes the annual NSWCDD Environmental Awareness Training (EAT) within 30 days of commencing contract performance andannually thereafter as directed by their NSWCDD training coordinator or their COR. 

C.11.3   The contractor shall ensure that each contractor employee not required to complete the training described in part (C.11.2) above(i.e., those who do not have and will not be issued a CAC) reads the NSWCDD Environmental Policy Statement within 30 days ofcommencing contract performance. This document will be available from the COR. The policy is also provided on the publicly-availableNSWCDD website at, https://wwwdd.nmci.navy.mil/program/Safety_and_Environmental_Office.

 C.11.4   Within 30 days of commencing contract performance, the contractor shall certify by e-mail to their COR that the requirementscaptured by (C.11.2) and (C.11.3) above have been met.  The e-mail shall include each employee name and work site and shall indicatewhich requirement—(C.11.2) or (C.11.3) above--each employee has satisfied. 

C.11.5   Contractor copies of the records generated by the actions described in (C.11.2) and (C.11.3) above will be maintained anddisposed of by the contractor in accordance with SECNAVINST 5210.8D.  

C.12      ON-SITE SAFETY REQUIREMENTS

C.12.1   The contractor shall strictly adhere to Federal Occupational Safety and Health Agency (OSHA) Regulations, EnvironmentalProtection Agency (EPA) Regulations, and all applicable state and local requirements.

C.12.2   The contractor shall ensure that each contractor employee reads the document entitled, "Occupational Safety and Health (OSH)Policy Statement" within 30 days of commencing performance at NSWCDD.  This document is available at: https://wwwdd.nmci.navy.mil/program/Safety_and_Environmental_Office/Safety/Safety.html

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C.12.3   The contractor shall provide each contractor employee with the training required to do his/her job safely and in compliance withapplicable regulations.  The contractor shall document and provide, upon request, qualifications, certifications, and licenses as required. 

C.12.4   The contractor shall provide each contractor employee with the personal protective equipment required to do their job safely andin compliance with all applicable regulations.

C.12.5   Contractors working with ionizing radiation (radioactive material or machine sources) must comply with NAVSEA S0420-AA-RAD-010 (latest revision)[provided upon request]. Prior to bringing radioactive materials or machine sources on base, the contractormust notify the Command Radiation Safety Officer in the Safety & Environmental Office.

C.12.6   The contractor shall ensure that all hazardous materials (hazmat) procured for NSWCDD are procured through or approvedthrough the hazmat procurement process.  Hazmat brought into NSWCDD work spaces shall be reviewed and approved by the Safety &Environmental Office prior to use by submitting an Authorized Use List addition form and Safety Data Sheet that shall be routed throughthe government supervisor responsible for the specific work area. The Authorized Use List addition form can be found athttps://wwwdd.nmci.navy.mil/program/Safety_and_Environmental_Office/.

C.12.7   Upon request the contractor shall submit their OSHA 300 Logs (injury/illness rates) for review by the Safety Office.  If acontractor's injury/illness rates are above the Bureau of Labor & Statistics industry standards, a safety assessment will be performed bythe Safety Office to determine if any administrative or engineering controls can be utilized to prevent further injuries/illnesses, or if anyadditional PPE or training will be required.

C.12.8   Applicable contractors shall submit Total Case Incident Rate (TCIR) and Days Away, Restricted and Transfer (DART) rates forthe past three years upon request by the Safety Office.  A contractor meets the definition of applicable if its employees worked 1,000hours or more in any calendar quarter on site and where oversight is not directly provided in day to day activities by the command.   

C.12.9   The contractor shall report all work-related injuries/illnesses that occurred while working at NSWCDD to the Safety Office.    

C.12.10 The contractor shall ensure that all on-site contractor work at NSWCDD is in accordance with the NSWCDDINST 5100.1DOccupational Safety and Health Instruction, available at: https://wwwdd.nmci.navy.mil/program/Safety_and_Environmental_Office/Safety/Safety.html

C.13 TERMINATION OF EMPLOYEES WITH U.S. GOVERNMENT BADGES

 The Contractor shall ensure that all employees who have a U.S. Government badge turn in the badge immediately upon termination oftheir employment under this Task Order. The above requirement shall be made a part of the standard employee facility clearanceprocedures for all separating personnel. The Contractor shall advise the U.S. Government of all changes in their personnel requiring baseaccess.

For involuntarily separated personnel and those separated under adverse circumstances, the Contractor shall immediately notify the U.S.Government and make arrangements between the employee and the U.S. Government for the return of the badge. In the event theemployee is separated in his or her absence, the Contractor shall immediately notify the U.S. Government of the separation and makearrangements between the former employee and the U.S. Government for the return of the badge.

C.14 DIGITAL DELIVERY OF DATA

(a) Delivery by the Contractor to the Government of certain technical data and other information is now frequently required to be made indigital form rather than in hardcopy form. The method of delivery of such data and/or information (i.e., electronic, digital, paperhardcopy, or other form) shall not be deemed to affect in any way either the identity of the information (i.e., as  “technical data” or“computer  software”) or the Government’s and the Contractor’s respective rights therein.

(b) Whenever technical data and/or computer software deliverables required by this contract are to be delivered in digital form, anyauthorized, required, or permitted markings relating to the Government’s rights in and to such technical data and/or computer softwaremust also be digitally included as part of the deliverable and on or in the same medium used to deliver the technical data and/or software.Such markings must be clearly associated with the corresponding technical data and/or computer software to which the markings relateand must be included in such a way that the marking(s) appear in human-readable form when the technical data and/or software isaccessed and/or used. Such markings must also be applied in conspicuous human-readable form on a visible portion of any physicalmedium used to effect delivery of the technical data and/or computer software. Nothing in this paragraph shall replace or relieve theContractor’s obligations with respect to requirements for marking technical data and/or computer software that are imposed by other

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applicable clauses such as, where applicable and without limitation, DFARS 252.227-7013 and/or DFARS 252.227-7014.

(c) Digital delivery means (such as internet tools, websites, shared networks, and the like) sometimes require, as a condition for access toand/or use of the means, an agreement by a user to certain terms, agreements, or other restrictions such as “Terms of Use,” licenses, orother restrictions intended to be applicable to the information being delivered via the digital delivery means. The Contractor expresslyacknowledges that, with respect to deliverables made according to this contract, no such terms, agreements, or other restrictions shall beapplicable to or enforceable with respect to such deliverables unless such terms, agreements, or other restrictions expressly have beenaccepted in writing by the Contracting Officer; otherwise, the Government’s rights in and to such deliverables shall be governedexclusively by the terms of this Task Order.

C.15 SENSITIVE, PROPRIETARY, AND PERSONAL INFORMATION

Work under this contract may require that personnel have access to Privacy Information. Contractor personnel shall adhere to the PrivacyAct, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations. Access to and preparation of sensitiveinformation subject to Privacy Act and Business Sensitive safeguarding and destruction may be required in the execution of Act andBusiness Sensitive safeguarding and destruction may be required in the execution of tasking associated with this contract.Administratively sensitive information/data must not be shared outside of the specific work areas. All personnel with access to privacy actdata in support of this contract must sign a privacy act certification.

C.16 NON-DISCLOSURE AGREEMENTS (NDAs)

NDAs may be utilized to allow for access to company sensitive/proprietary data. For tasks requiring NDAs, the contractor shall obtainappropriate agreements for all of their employees that are associated with the task requiring such an agreement.

Contractor personnel may be required, from time to time, to sign non-disclosure statements as applicable to specific Performance WorkStatement tasking. The COR will notify the contractor of the number and type of personnel that will need to sign the Non-Disclosureagreements. The signed Non-Disclosure Agreements shall be executed prior to accessing data or providing support for information thatmust be safeguarded and returned to the COR for endorsement and retention. Copies of all executed NDAs shall be provided to the COR.

C.17 NON-PERSONAL SERVICES/INHERENTLY GOVERNMENTAL FUNCTIONS

(a) The Government will neither supervise contractor employees nor control the method by which the contractor performs the requiredtasks. The Government will not direct the hiring, dismissal or reassignment of contractor personnel. Under no circumstances shall theGovernment assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractorto manage its employees and to guard against any actions that are of the nature of personal services or give the perception that personalservices are being provided. If the contactor feels that any actions constitute, or are perceived to constitute personal services, it shall bethe contractor’s responsibility to notify the Contracting Officer immediately in accordance with the clause 52.243-7.

(b) Inherently-Governmental functions are not within the scope of this Task Order. Decisions relative to programs supported by thecontractor shall be the sole responsibility of the Government.  The contractor may be required to attend technical meetings for theGovernment; however, they are not, under any circumstances, authorized to represent the Government or give the appearance that they aredoing so.

C.18 SUBCONTRACTORS/CONSULTANTS

In addition to the information required by FAR 52.244-2 Alternate 1 (June 2007) , the contractor shall include the following informationin requests to add subcontractors or consultants during performance, regardless of subcontract type or pricing arrangement.(1) Clearly present the business case for the addition of the subcontractor/consultant,(2) If applicable, the impact on subcontracting goals, and(3) Impact on providing support at the contracted value.

C.19 CONTROL OF CONTRACTOR PERSONNEL

The contractor shall comply with the requirements of NAVSEA and NSWCDD instructions regarding performance in Governmentfacilities. All persons engaged in work while on Government property shall be subject to search of their persons (no bodily search) andvehicles at any time by the Government, and shall report any known or suspected security violations to the appropriate SecurityDepartment. Assignment, transfer, and reassignment of contractor personnel shall be at the discretion of the contractor. However, whenthe Government directs, the contractor shall remove from contract performance any person who endangers life, property, or nationalsecurity through improper conduct. All contractor personnel engaged in work while on Government property shall be subject to the

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Standards of Conduct contained in SECNAVINST 5370.2J.

C.20 CONTRACTOR PERSONNEL ADMINISTRATION

When on-site in Government office spaces, laboratories, test facilities, or ship assets, Contractor employees shall be clearly identified as aContractor (e.g., utilizing badge identifications and sign identifications in office spaces). In addition, Contractor employees shall identifythemselves as Contractor personnel when answering telephones and sending emails. Contractor personnel cannot lead/manage/superviseGovernment personnel. Contractor program/project managers shall be clearly identified and known as such by Government employees. Ascircumstances permits, frequent (at least monthly) meetings are conducted between the COR and the Contractor organization programmanager/project manager.

C.21 IDENTIFICATION BADGES

The contractor shall be required to obtain identification badges from the Government for all contractor personnel to be located onGovernment property. The identification badge shall be visible at all times while employees are on Government property. The contractorshall furnish all requested information required to facilitate issuance of identification badges and shall conform to applicable regulationsconcerning the use and possession of the badges. The contractor shall be responsible for ensuring that all identification badges issued tocontractor employees are returned to the appropriate Security Office within 48 hours following completion of the Task Order, relocationor termination of an employee, and upon request by the Contracting Officer.

C.22 SKILLS AND TRAINING

The Contractor shall provide capable personnel with qualifications, experience levels, security clearances, and necessary licenses,certifications, and training required by Federal, State and Local laws and regulations. Information assurance functions requirecertifications specified in DFARS 252.223-7001 INFORMATION ASSURANCE CONTRACTOR TRAINING AND CERTIFICATION.Training necessary to ensure that personnel performing under this task order maintain the knowledge and skills to successfully performthe required functions is the responsibility of the Contractor. Training necessary to maintain professional certification is the responsibilityof the Contractor. 

C.23 ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA)

(a) The Contractor shall report ALL Contractor labor hours (including Subcontractor labor hours) required for performance of servicesprovided under this contract for the Naval Surface Warfare Center Dahlgren Division via a secure data collection site. The Contractor isrequired to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.

(b) Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runsOctober 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

C.24 NOTIFICATION OF POTENTIAL ORGANIZATIONAL CONFLICT(S) OF INTEREST

Offerors are reminded that certain arrangements may preclude, restrict or limit participation, in whole or in part, as either a subcontractoror as a prime contractor under this competitive procurement. Notwithstanding the existence or non-existence of an OCI clause in thecurrent contract, the offeror shall comply with FAR 9.5 and identify if an OCI exists at any tier or arises at any tier at any time duringcontract performance. The contractor shall provide notice within 14 days of receipt of any information that may indicate a Potential OCIand how they shall mitigate this.

 

C.25 HQ C-1-0001 ITEMS A001-A008 - DATA REQUIREMENTS (NAVSEA) (SEP 1992)

The data to be furnished hereunder shall be prepared in accordance with the Contract Data Requirements List, DD Form 1423, Exhibit(s)A001-A008 attached hereto.

CDRL NO. TITLEA001 CONTRACTING OFFICER'S MANAGMENT REPORTA002 PRESENTATION MATERIAL

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A003 TECHNICAL REPORT-STUDY/SERVICESA004 CONFERENCE REPORTA005 COMPUTER SOFTWARE PRODUCT END ITEMSA006 TRAINING MATERIALSA007 SOFTWARE TEST REPORT (STR)A008 SOFTWARE USER MANUAL (SUM)

C.26 HQ C-2-0002 ACCESS TO PROPRIETARY DATA OR COMPUTER SOFTWARE (NAVSEA) (JUN 1994) 

(a) Performance under this contract may require that the Contractor have access to technical data, computer software, or other sensitivedata of another party who asserts that such data or software is proprietary. If access to such data or software is required to be provided,the Contractor shall enter into a written agreement with such party prior to gaining access to such data or software. The agreement shalladdress, at a minimum, (1) access to, and use of, the proprietary data or software exclusively for the purposes of performance of the workrequired by this contract, and (2) safeguards to protect such data or software from unauthorized use or disclosure for so long as the  dataor software remains proprietary. In addition, the agreement shall not impose any limitation upon the Government or its employees withrespect to such data or software. A copy of the executed agreement shall be provided to the Contracting Officer. The Government mayunilaterally modify the contract to list those third parties with which the Contractor has agreement(s). 

(b) The Contractor agrees to:  (1) indoctrinate its personnel who will have access to the data or software as to the restrictions under whichaccess is granted; (2) not disclose the data or software to another party or other Contractor personnel except as authorized by theContracting Officer; (3) not engage in any other action, venture, or employment wherein this information will be used, other than underthis contract, in any manner inconsistent with the spirit and intent of this requirement; (4) not disclose the data or software to any otherparty, including, but not limited to, joint venture, affiliate, successor, or assign of the Contractor; and (5) reproduce the restrictive stamp,marking, or legend on each use of the data or software whether in whole or in part.

(c) The restrictions on use and disclosure of the data and software described above also apply to such information received from theGovernment through any means to which the Contractor has access in the performance of this contract that contains proprietary or otherrestrictive markings.

(d) The Contractor agrees that it will promptly notify the Contracting Officer of any attempt by an individual, company, or Governmentrepresentative not directly involved in the effort to be performed under this contract to gain access to such proprietary information. Suchnotification shall include the name and organization of the individual, company, or Government representative seeking access to suchinformation.

(e) The Contractor shall include this requirement in subcontracts of any tier which involve access to information covered by paragraph(a), substituting “subcontractor” for “Contractor” where appropriate.

(f) Compliance with this requirement is a material requirement of this contract.

C.27 HQ C-2-0011 COMPUTER SOFTWARE AND/OR COMPUTER DATABASE(S) DELIVERED TO AND/OR RECEIVEDFROM THE GOVERNMENT (NAVSEA) (APR 2004)

(a) The Contractor agrees to test for viruses all computer software and/or computer databases, as defined in the clause entitled “RIGHTSIN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMERCIAL COMPUTER SOFTWARE DOCUMENTATION”(DFARS 252.227-7014), before delivery of that computer software or computer database in whatever media and on whatever system thesoftware is delivered. The Contractor warrants that any such computer software and/or computer database will be free of viruses whendelivered.

(b) The Contractor agrees to test any computer software and/or computer database(s) received from the Government for viruses prior touse under this contract.

(c) Unless otherwise agreed in writing, any license agreement governing the use of any computer software to be delivered as a result ofthis contract must be paid-up and perpetual, or so nearly perpetual as to allow the use of the computer software or computer data basewith the equipment for which it is obtained, or any replacement equipment, for so long as such equipment is used.  Otherwise thecomputer software or computer database does not meet the minimum functional requirements of this contract. In the event that there isany routine to disable the computer software or computer database after the software is developed for or delivered to the Government, thatroutine shall not disable the computer software or computer database until at least twenty-five calendar years after the delivery date of theaffected computer software or computer database to the Government.

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(d) No copy protection devices or systems shall be used in any computer software or computer database delivered under this contract torestrict or limit the Government from making copies. This does not prohibit license agreements from specifying the maximum amount ofcopies that can be made.

(e) Delivery by the Contractor to the Government of certain technical data and other data is now frequently required in digital form ratherthan as hard copy. Such delivery may cause confusion between data rights and computer software rights. It is agreed that, to the extentthat any such data is computer software by virtue of its delivery in digital form, the Government will be licensed to use that digital-formdata with exactly the same rights and limitations as if the data had been delivered as hard copy.

(f) Any limited rights legends or other allowed legends placed by a Contractor on technical data or other data delivered in digital formshall be digitally included on the same media as the digital-form data and must be associated with the corresponding digital-formtechnical data to which the legends apply to the extent possible. Such legends shall also be placed in human-readable form on a visiblesurface of the media carrying the digital-form data as delivered, to the extent possible.

C.28 HQ C-2-0012 CONFIGURATION MANAGEMENT (NAVSEA) (APR 2004) 

(a) Baseline Definition - For configuration control purposes, all contractual documentation in effect at the time of contract award shallconstitute the Contract Baseline which shall be considered incorporated in the baseline documentation. 

(b) General Requirement - 

(1) The Contractor shall maintain a Configuration Control Program to assure that all detail level work being performed under this contractis in compliance with appropriate baseline documentation. The Contractor shall prepare a Configuration Management Plan in accordancewith the requirements of the contract for approval by the Government.

(2) Whenever a situation arises wherein the Contractor cannot comply with a baseline document, or whenever intent of suchdocumentation is significantly changed by detail level documentation, the Contractor shall submit change documents to modify baselinedocuments to resolve the conflict or to allow non-compliance. Whenever the cost of implementing a proposed change is less than thethreshold requiring certified cost or pricing data, the Contractor shall provide documentation explaining the nature of related costs asshown on the change document. Whenever the contract cost changes by an amount greater than the threshold requiring certified cost orpricing data, the Contractor shall complete such cost and pricing data as the Contracting Officer shall require detailing all related costs,and attach it to the change document. Requirements for cost and pricing data shall be determined by the gross amount of the changeunless otherwise directed by the contracting officer. Change documentation shall be submitted to the Contracting Officer in accordancewith the Contract Data Requirements List (CDRL), and as described in paragraphs (c) through (e) below.

(c) Non-Engineering Change Proposals (NECPs) – An NECP should be submitted whenever necessary to document administrative,procedural, scheduling, or documentation changes that do not directly impact the physical configuration of the equipment. The NECPshall explain the nature of the problem, identify the applicable baseline document (i.e., Contract Data Requirement List (CDRL), ContractClause, etc.) and provide a detailed explanation justifying the proposed course of action desired to resolve the problem. Insert sheets forapplicable documents shall also be attached to facilitate change action in the event the Non-Engineering Change Proposal (NECP) isapproved.

(d) Deviations and Waivers - In the event that a baseline design-related document requirement cannot be met, and a change to the baselinedocument is considered inappropriate, the Contractor shall submit a Request for Deviation (RFD) or Request for Waiver (RFW), asapplicable. DI-CMAN-80640C approved 30 Sep 2000 and MILHDBK-61A of 7 Feb 2001 apply. The explanation of "need for deviation"should provide detailed justification and consequences of approval, to include technical details explaining the degree of non-complianceor effect on ship equipment or system operation constraints. In a similar manner, a waiver shall document an "as built" configuration thatdeparts from baseline documentation and should include any proposed corrections or modifications to better meet the intent of thebaseline document.

(e) Equitable Adjustments for Change Documentation Preparations - For its effort expended in preparing ECPs, NECPs, Deviations andWaivers, the Contractor shall receive equitable adjustment under the following circumstances:

(1) In the event the Contractor, on its own initiative, and without written request from the Contracting Officer, develops a changedocument that is later disapproved by the Government, the Contractor shall bear the cost of this effort.

(2) To avoid such loss, and at its option, the Contractor may submit a "preliminary" document that outlines intent, but without detailedsupporting documentation and request the Contracting Officer's approval for expenditure of effort to complete the detailed supportingdocumentation. In the event the Contracting Officer denies this request, the Contractor will bear the cost of development of the

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"preliminary" document, and shall make no further effort to complete detailed supporting documentation.

(3) In the event the Contracting Officer approves the Contractor's request to develop supporting documentation, the Contractor shall beequitably compensated for its effort for both the "preliminary" and "final" documentation, regardless of whether or not the changedocument is later approved.

(4) In the event the Contracting Officer requests in writing that the Contractor develop change documentation, the effort expended by theContractor in developing such documentation shall be subject to equitable adjustment, regardless of whether or not the change documentis later approved.

(5) In the event the Contractor, on its own initiative, and without written request from the Government, develops a change document thatis later approved by the Contracting Officer, the cost of developing such documentation shall be incorporated in the contract modificationthat implements the change.

(6) Failure to agree to such equitable adjustment in contract price shall constitute a dispute, and shall be adjudicated in accordance withthe requirements of the clause entitled "DISPUTES" (FAR 52.233-1).

(7) Any cost reduction proposal submitted pursuant to the clause entitled "VALUE ENGINEERING" (FAR 52.248-1) shall be submittedas a Code V Engineering Change Proposal (VECP). DI-CMAN-80639C approved 30 Sep 2000 and MIL-HDBK-61A of 7 Feb 2001apply. Information required by the "VALUE ENGINEERING" clause shall also be submitted as part of the change request.

C.29 HQ C-2-0037 ORGANIZATIONAL CONFLICT OF INTEREST (NAVSEA) (JUL 2000) 

(a) “Organizational Conflict of Interest” means that because of other activities or relationships with other persons, a person is unable orpotentially unable to render impartial assistance or advice to the Government, or the person’s objectivity in performing the contract workis or might be otherwise impaired, or a person has an unfair competitive advantage. “Person” as used herein includes Corporations,Partnerships, Joint Ventures, and other business enterprises.

(b) The Contractor warrants that to the best of its knowledge and belief, and except as otherwise set forth in the contract, the Contractordoes not have any organization conflict of interest(s) as defined in paragraph (a).

(c) It is recognized that the effort to be performed by the Contractor under this contract may create a potential organizational conflict ofinterest on the instant contract or on a future acquisition.  In order to avoid this potential conflict of interest, and at the same time to avoidprejudicing the best interest of the Government, the right of the Contractor to participate in future procurement of equipment and/orservices that are the subject of any work under this contract shall be limited as described below in accordance with the requirements ofFAR 9.5.

(d)(1) The Contractor agrees that it shall not release, disclose, or use in any way that would permit or result in disclosure to any partyoutside the Government any information provided to the Contractor by the Government during or as a result of performance of thiscontract. Such information includes, but is not limited to, information submitted to the Government on a confidential basis by otherpersons. Further, the prohibition against release of Government provided information extends to cover such information whether or not inits original form, e.g., where the information has been included in Contractor generated work or where it is discernible from materialsincorporating or based upon such information. This prohibition shall not expire after a given period of time.

(2) The Contractor agrees that it shall not release, disclose, or use in any way that would permit or result in disclosure to any partyoutside the Government any information generated or derived during or as a result of performance of this contract. This prohibition shallexpire after a period of three years after completion of performance of this contract.

(3) The prohibitions contained in subparagraphs (d)(1) and (d)(2) shall apply with equal force to any affiliate of the Contractor, anysubcontractor, consultant, or employee of the Contractor, any joint venture involving the Contractor, any entity into or with which it maymerge or affiliate, or any successor or assign of the Contractor. The terms of paragraph (f) of this Special Contract Requirement relatingto notification shall apply to any release of information in contravention of this paragraph (d).

(e) The Contractor further agrees that, during the performance of this contract and for a period of three years after completion ofperformance of this contract, the Contractor, any affiliate of the Contractor, any subcontractor, consultant, or employee of the Contractor,any joint venture involving the Contractor, any entity into or with which it may subsequently merge or affiliate, or any other successor orassign of the Contractor shall not furnish to the United States Government, either as a prime contractor or as a subcontractor, or as aconsultant to a prime contractor or subcontractor, any system, component or services which is the subject of the work to be performedunder this contract. This exclusion does not apply to any re-competition for those systems, components or services furnished pursuant to

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this contract. As provided in FAR 9.505-2, if the Government procures the system, component, or services on the basis of workstatements growing out of the effort performed under this contract, from a source other than the contractor, subcontractor, affiliate, orassign of either, during the course of performance of this contract or before the three year period following completion of this contract haslapsed, the Contractor may, with the authorization of the cognizant Contracting Officer, participate in a subsequent procurement for thesame system, component, or service. In other words, the Contractor may be authorized to compete for procurement(s) for systems,components or services subsequent to an intervening procurement.

(f) The Contractor agrees that, if after award, it discovers an actual or potential organizational conflict of interest, it shall make immediateand full disclosure in writing to the Contracting Officer.  The notification shall include a description of the actual or potential conflict ofinterest, a description of the action which the Contractor has taken or proposes to take to avoid, mitigate, or neutralize the contract, andany other relevant information that would assist the Contracting Officer in making a determination on this matter. Notwithstanding thisnotification, the Government may terminate the contract for the convenience of the Government if determined to be in the best interest ofthe Government.

(g) Notwithstanding paragraph (f) above, if the Contractor was aware, or should have been aware, of an organizational conflict of interestprior to the award of this contract or becomes, or should become, aware of an organizational conflict of interest after award of thiscontract and does not make an immediate and full disclosure in writing to the Contracting Officer, the Government may terminate thiscontract for default.

(h) If the Contractor takes any action prohibited by this requirement or fails to take action required by this requirement, the Governmentmay terminate this contract for default.

(i) The Contracting Officer’s decision as to the existence or nonexistence of an actual or potential organizational conflict of interest shallbe final.

(j) Nothing in this requirement is intended to prohibit or preclude the Contractor from marketing or selling to the United StatesGovernment its product lines in existence on the effective date of this contract; nor, shall this requirement preclude the Contractor fromparticipating in any research and development or delivering any design development model or prototype of any such equipment. Additionally, sale of catalog or standard commercial items are exempt from this requirement.

(k) The Contractor shall promptly notify the Contracting Officer, in writing, if it has been tasked to evaluate or advise the Governmentconcerning its own products or activities or those of a competitor in order to ensure proper safeguards exist to guarantee objectivity and toprotect the Government’s interest.

(l) The Contractor shall include this requirement in subcontracts of any tier which involve access to information or situations/conditionscovered by the preceding paragraphs, substituting “subcontractor” for “contractor” where appropriate.

(m) The rights and remedies described herein shall not be exclusive and are in addition to other rights and remedies provided by law orelsewhere included in this contract.

(n) Compliance with this requirement is a material requirement of the contract.

C.30 Electronic Cost Reporting and Financial Tracking (eCRAFT) System

(a) The Contractor shall upload the Contractor’s Funds and Man-hour Expenditure Reports in the Electronic Cost Reporting and FinancialTracking (eCRAFT) System.

(b)The Contractor’s Funds and Man-hour Expenditure Report reports contractor expenditure for labor, materials, travel, subcontractorusage, and other contract charges.

(1) Access: 

eCRAFT: Reports are uploaded through the eCRAFT System Periodic Report Utility (EPRU). The EPRU spreadsheet and user manualcan be obtained at:  http://www.navsea.navy.mil/Home/Warfare-Centers/NUWC-Newport/Partnerships/Commercial-Contracts/Information-eCraft-/ under eCRAFT information. The eCRAFT e-mail address for report submission is: [email protected]. If you haveproblems uploading reports, please see the Frequently Asked Questions at the site address above.

(2) Submission and Acceptance/Rejection:

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The contractor shall submit their reports on the same day and for the same timeframe the contractor submits an invoice in iRAPT. Theamounts shall be same. eCRAFT acceptance/rejection will be indicated by e-mail notification from eCRAFT.

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Section D - Packaging and Marking

HQ D-1-0001 DATA PACKAGING LANGUAGE

Data to be delivered by Integrated Digital Environment (IDE) or other electronic media shall be as specified in the contract.

All unclassified data shall be shipped, shall be prepared for shipment in accordance with best commercial practice.

Classified reports, data, and documentation shall be prepared for shipment in accordance with National Industrial Security ProgramOperating Manual (NISPOM), DOD 5220.22-M dated 28 February 2006, Incorporating Change 1 on March 28, 2013.

HQ D-2-0008 MARKING OF REPORTS (NAVSEA) (SEP 1990)

All reports delivered by the Contractor to the Government under this contract shall prominently show on the cover of the report:

(1) name and business address of the Contractor

(2) contract number

(3) contract dollar amount

(4) whether the contract was competitively or non-competitively awarded

(5) sponsor       _____________________________________________________

                                                                Name of Individual Sponsor

                            _____________________________________________________

                                                                Name of Requiring Activity

                                ____________________________________________________

                                                                (City and State)

All Deliverables shall be packaged and marked in accordance with Best Commercial Practice.

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Section E - Inspection and Acceptance

E.1 HQ E-1-0001 INSPECTION AND ACCEPTANCE LANGUAGE FOR DATA 

Inspection and acceptance of all data shall be as specified on the attached Contract Data Requirements List(s), DD Form 1423.

E.2 HQ E-1-0007 INSPECTION AND ACCEPTANCE LANGAUGE FOR LOE SERVICES

Item(s) 7000 – 7400 Inspection and Acceptance shall be made by the Contracting Officer’s Representative (COR), or a designatedrepresentative at NSWCDD, Dahlgren Virginia.

E.3 PERFORMANCE BASED TASK ORDER REVIEW AND ACCEPTANCE PROCEDURES

(a) This is a performance based Task order as defined in FAR 37.6. Contractor performance will be evaluated in accordance with theQuality Assurance Surveillance Plan (QASP) that is provided below.

(b) The QASP defines this evaluation and acceptance to be part of the annual Contractor Performance Assessment Reporting System

(CPARS). The contractor may obtain more information regarding the CPARS process at the following internet site:   http://cpars.navy.mil 

E.4 QUALITY ASSURANCE SURVEILLANCE PLAN

E.4.1 PURPOSE

E.4.1.1 This Quality Assurance Surveillance Plan is a Government-developed and applied document used to makesure the systematic quality assurance methods are used in the administration of this performance-based contract.  Theintent is to ensure that the contractor performs in accordance with the performance metrics and the Governmentreceives the quality of services called for in the contract.  In addition, this QASP provides the specific criteria andprocess to be followed in determining whether to issue the award term periods.

E.4.1.2 The purpose of the QASP is to describe the systematic methods used to monitor performance and to identifythe required documentation and the resources to be employed.  The QASP provides a means for evaluating whetherthe contractor is meeting the performance standards/quality levels identified in the PWS and the contractor’s QualityControl Plan (QCP), and to ensure that the Government pays only for the level of services received.

E.4.1.3 This QASP defines the roles and responsibilities of the Government personnel involved in the evaluation ofthe quality of contractor performance, identifies the performance objectives, defines the methodologies used tomonitor and evaluate the contractor’s performance, describes quality assurance documentation requirements, anddescribes the analysis of quality assurance monitoring results. 

E.5 SCOPE 

The PWS structures the acquisition around "what" services or quality level is required, as opposed to "how" thecontractor should perform the work (i.e., results, not compliances). This QASP will define the performancemanagement approach taken to monitor and manage the Contractor's performance to ensure the expected outcomesor performance objectives communicated in the PWS are achieved. Performance management rests on developing acapability to review and analyze information generated through performance assessment. The ability to makedecisions based on the analysis of performance data is the cornerstone of performance management, this analysisyields information that indicates whether expected outcomes for the project are being achieved by the Contractor.

E.6 AUTHORITY

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Authority for issuance of this QASP is provided under Contract Section E – Inspection and Acceptance whichprovides for inspections and acceptance of the services and deliverables called for in service contracts to be executedby the Contracting Officer or a duly authorized representative.

E.7 PERFORMANCE MANAGEMENT APPROACH AND STRATEGY 

E.7.1 Performance management represents a significant shift from the more traditional Quality Assurance (QA)concepts in several ways. Performance management focuses on assessing whether outcomes are being achieved andto what extent. This approach migrates away from scrutiny of compliance with the processes and practices used toachieve the outcome. A performance-based approach enables the contractor to play a large role in how the work isperformed, as long as the proposed processes are within the stated constraints. The only exceptions to processreviews are those required by law (federal, state, and local) and compelling business situations, such as safety andhealth. A “results” focus provides the contractor flexibility to continuously improve and innovate over the course ofthe Contract (TO) as long as the critical outcomes expected are being achieved and/or the desired performance levelsare being met.

E.7.2 The contractor is responsible for the quality of all work performed.  The contractor measures that qualitythrough the contractor’s own QCP.  Quality control is work output, not workers, and therefore includes all workperformed under this task order regardless of whether the work is performed by contractor employees or bysubcontractors.  The contractor’s QCP will set forth the staffing and procedures for self-inspecting the quality,timeliness, responsiveness, customer satisfaction, and other performance requirements in the PWS.  The contractorwill develop and implement a performance management system with processes to assess and report its performanceto the designated government representative.  This QASP enables the government to take advantage of thecontractor’s QCP.  

E.7.3 The Government will assess performance using CPARS to determine how the contractor is performing againstcommunicated performance objectives.  The CPAR assesses a contractor’s performance, both positive and negative,and provides a record on a given contract during a specified period of time.  More information pertaining to CPARScan be found at: http://www.cpars.csd.disa.mil/cparsfiles/pdfs/DoD-CPARS-Guide.pdf.  Each assessment will bebased on objective data (or measurable, subjective data when objective data is not available) supportable by programand contract management data.  CPAR performance expectations will be addressed in the Government andcontractor’s initial post-award meeting.  Potential sources of data may include the following:

·         Status and progress reviews 

·         Production and management reviews   

·         Management and engineering process reviews (e.g. risk management, requirements management, etc.) 

·         Cost performance reports and other cost and schedule metrics   

·         Other program measures and metrics such as:  

·        Measures of progress and status of resources 

·        Measures of deliverable timeliness and accuracy 

·         Measures of product quality and process performance 

·         Fleet and sponsor feedback/comments and satisfaction ratings 

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·         Systems engineering and other technical progress reviews 

·         Technical interchange meetings 

·         Physical and functional configuration audits 

·         Quality reviews and quality assurance evalua ons

·         Functional performance evaluations

·         Subcontract Reports

E.7.4 A preliminary CPARS evaluation/rating will be accomplished as noted in table 1 below. The purpose of thisreview is to determine whether the contractor is performing at least at a Satisfactory level for each major elementassessed using Table 1.  This methodology will be utilized as an important factor in determining whether to exerciseOptions 1 and 2 under the task order.  Further, the formal CPARS ratings are used as reference material by others insource selection.

E.7.5  In order for Award Term Period 1 to be exercised, the contractor must have achieved at least a Very Good forthree out of the five elements and not less than Satisfactory for the remaining two major elements assessed forOption Period 2; and in order for Award Term Period 2 to be exercised, the contractor must have achieved at least aVery Good for three out of the five elements and not less than Satisfactory for the remaining two major elementsassessed for Award Term Period 1.

E.8  ROLES AND RESPONSIBILITIES

E.8.1 Procuring Contracting Officer (PCO)

E.8.1.1 An individual duly appointed with the authority to enter into contracts and make related determination andfindings on behalf of the Government. The PCO for this task order is identified in Section G, Ddl-G10 GovernmentContract Administration Points-of-Contact and Responsibilities.  PCOs are designated via a written warrant, whichsets forth limitations of their respective authority. 

E.8.1.2 The PCO ensures performance of all necessary actions for effective contract administration ensurescompliance with the terms of the contract and safeguards the interests of the United States in the contractualrelationship.  It is the PCO that ensures the contractor receives impartial, fair and equitable treatment under theorder.  The PCO is ultimately responsible for the final determination of the acceptability of the contractor’sperformance. 

E.8.2 Contract Specialist

E.8.2.1 Assigned by the PCO to provide daily administration of the contract. 

E.8.2.2 Provides input to the PCO and the COR as to the quality of performance for areas addressed in this QASP.

E.8.3 Contracting Officer’s Representative (COR)

E.8.3.1 An individual appointed in writing by the PCO to act as their authorized representative to assist in technicaladministration of the order.  The COR is appointed in the contract award.  The limitations of authority are containedin a written letter of appointment which is a formal attachment to this task order.

E.8.3.2 The COR is responsible for technical administration of the Contract and assures proper Governmentsurveillance of the contractor’s technical performance.   The COR provides QASP reports to the PCO.

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E.8.3.3 The COR is not empowered to make any contractual commitments or to authorize any changes on theGovernment’s behalf.  Any changes that the contractor deems may affect contract price, terms, or conditions shall bereferred to the PCO for action.

E.8.4 Subject Matter Expert (SME)

E.8.4.1 SMEs are individuals who may be assigned by the COR to perform limited technical oversight of specificprojects, work areas, or Technical Instructions issued under the contract. 

E.8.4.2 The SME provides input to the COR as to the quality of technical performance for their respective area(s) ofexpertise. 

E.8.4.3 A  SME cannot, in any manner, alter the scope of the contract, make commitments or authorize any changes onthe Government’s behalf.

E.9 SCHEDULE

The initial QASP evaluation will be finalized no later than the end of month eight (8) of the base period. QASPevaluations for the option periods and award terms shall follow the same schedule described in this section. In orderto accomplish this, the following schedule applies: 

E.9.1 Contractor Self-Assessment (written) due to the Contracting Officer and the COR no later than the end ofmonth seven (7) of the period of performance based on the first six (6) months of support for the base period andeach twelve (12) month period thereafter.  Failure of the contractor to make a timely delivery will be viewed as thecontractor’s overall inability to comply with Contract schedules.

E.9.2 COR Written Assessment due to the Contracting Officer no later than the end of week two (2) of month eight(8) of the period of performance.

E.9.3 Week four (4) of month eight (8) of the period of performance. The Contracting Officer will review theContractor Self-Assessment and the COR Written Assessment, determine an overall performance rating for theperiod, and provide a copy to the contractor.

E.10 IDENTIFICATION OF REQUIRED PERFORMANCE STANDARDS/QUALITY  LEVELS

E.10.1 Table 1 provides the Overall Performance Ratings. Table 2 provides the Task Performance Evaluation Criteriaand Standards for each Major Performance Element.

E.10.2 The overall performance ratings and standards are included in Table (1), “Overall Performance Ratings”. Ifthe contractor meets the required service or performance level, the contractor will receive positive preliminary QASPand CPARS ratings.  If the contractor fails to meet the required performance level, the result will be negative QASPand CPARS ratings. 

E.10.3 If the contractor fails to meet the required performance level based on the preliminary review conducted theGovernment may not exercise the next Option period under the task order. To meet the required performance level,the contractor must receive at least a Satisfactory rating (see Table 1) for each of the five (5) major elements that areevaluated (Task Performance, Staffing, Customer Satisfaction, Management Performance, and Cost Management andEfficiency) for the performance period being evaluated.

E.10.4 In order for Award Term Period 1 to be exercised, the contractor must have achieved at least a Very Good for

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three out of the five elements and not less than Satisfactory for the remaining two major elements assessed forOption 2; and in order for Award Term Period 2 to be exercised, the contractor must have achieved at least a VeryGood for three out of five elements and not less than Satisfactory for the remaining two major elements assessed forAward Term Period 1.

E.11 METHODOLOGIES TO MONITOR PERFORMANCE  

E.11.1 Surveillance Techniques

In an effort to minimize the performance management burden, simplified surveillance methods shall be used by thegovernment to evaluate contractor performance when appropriate. The COR will use the following methods ofsurveillance:

·        Random monitoring

·        100% Inspection

·         Periodic Inspection

·         Customer Feedback

E.11.2 Customer Feedback   

E.11.2.1 The contractor is expected to establish and maintain professional communication between its employees andcustomers. The primary objective of this communication is customer satisfaction. Customer satisfaction is the mostsignificant external indicator of the success and effectiveness of all services provided and can be measured throughcustomer complaints.   

E.11.2.2 Performance management drives the contractor to be customer focused through initially and internallyaddressing customer complaints and investigating the issues and/or problems but the customer always has the optionto communicate complaints to the PCO, as opposed to the contractor. 

E.11.2.3 Customer complaints, to be considered valid, must set forth clearly and in writing the detailed nature of thecomplaint, must be signed, and must be forwarded to the COR. The COR will accept those customer complaints,investigate and work with the PCO and contractor to resolve the issue.

E.11.2.4 Customer feedback may also be obtained either from the results of formal customer satisfaction surveys orfrom random customer complaints.

E.12 QUALITY ASSURANCE DOCUMENTATION

E.12.1 The Performance Management Feedback Loop 

The performance management feedback loop begins with the communication of expected outcomes. Performancestandards are expressed in Table 1.

E.12.2 Monitoring System

The Government’s QA surveillance, accomplished by the COR, in conjunction with the PCO, will be reported usingpreliminary CPARS.  Formal CPARS evaluations shall be conducted on an annual basis. 

Table 1 – Overall Performance Rating 

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Overall Performance Rating Standard

ExcellentPerformance meets contractual requirements and exceeds manyrequirements to the Government’s benefit.

Very GoodPerformance meets contractual requirements and exceeds some to theGovernment’s benefit.

Satisfactory Performance meets contractual requirements.

Marginal

Performance does not meet some contractual requirements.  The elementbeing assessed reflects a serious problem for which the contractor hasnot yet implemented satisfactory corrective measures.

Unsatisfactory

Performance does not meet contractual requirements and recovery is notlikely in a timely manner.  Contractor’s corrective actions to date areineffective.

Table 2 – Task Performance Evaluation Criteria and Standards 

ELEMENT UNSATIS-FACTORY

MARGINAL SATIS-FACTORY VERYGOOD

EXCEPT

IONAL 

I. Task Performance   Timeliness Contractor

frequently missesdeadlines, or isslow ornon-responsive torespond toGovernmentrequests.

Contractoroccasionally missesdeadlines, schedulesor is slow oroccasionallynon-responsive torespond toGovernmentrequests.

Contractorroutinely meetsdeadlines,schedules, quicklyresponds toGovernmentrequests.

Contractorroutinely meetsdeadlines andschedules andoccasionallydelivers early andrespondsimmediately toGovernmentrequests.

Contractorroutinely deliversahead of deadlines,schedules, andrespondsimmediately toGovernmentrequests.

   Quality Deliverables aretypically not wellresearched andcontain manytechnicalinaccuracies.Rework isfrequentlyrequired. 

Deliverables areoccasionally notwell researched andcontain sometechnicalinaccuracies.Rework isoccasionallyrequired.

Deliverablesreceived are wellresearched,complete andtechnicallyaccurate.  No morethan one (1)revision is typicallyneeded to acceptthe item. Otherdeliverables meetall Contractrequirements.

Data Deliverablesreceived are wellresearched,complete andtechnicallyaccurate. Otherdeliverables meetall Contractrequirements.

Data Deliverablesreceived are alwayswell researched,complete andtechnicallyaccurate.  Theyfrequently exceedtechnicalexpectations. Rework is notrequired.  Otherdeliverablestypically exceed allContractrequirements.

II. Staffing

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  Contractorprovidesmarginallyqualified orunqualifiedpersonnel.

Lapses incoverage occurregularly.

Contractor providesmarginally qualifiedpersonnel.

Lapses in coverableoccur more thanoccasionally.

Contractor providesqualifiedpersonnel. 

Lapses in coverageoccur occasionallyand aresuccessfullymanaged by thecontractor with tominimize impact ontimeliness orquality.

New/and orsubstitute resumessubmitted IAWcontract reqmts. 

Personnel workproducts fullyconsistent withresumequalifications.

Contractor providesa mix of qualifiedand highlyqualified personnel.

Lapses in coverageare rare and aresuccessfullymanaged by thecontractor with noimpact ontimeliness orquality. New/and orsubstitute resumessubmitted IAWcontract reqmts. 

Personnel workproducts fullyconsistent withresumequalifications

Contractor provideshighly qualifiedpersonnel. 

Lapses in coverageare non-existentNew/and orsubstitute resumessubmitted IAWcontract reqmts.

Personnel workproducts fullyconsistent withresumequalifications.

III. Customer Satisfaction

Fails to meetcustomerexpectations

Contractoroccasionally fails tomeet customerexpectations.

Meets customerexpectations.

Routinely meets oroccasionallyexceeds customerexpectations.

Exceeds customerexpectations.

IV. Management PerformanceProblem

Resolution

Problems areunresolved,repetitive, or takeexcessiveGovernment effortto resolve.

Problems aregenerally resolvedbut take unusualGovernment effortto resolve or take anexcessive amount oftime to resolve.

Problems areresolved quicklywith minimalGovernmentinvolvement.

Problems occurinfrequently andare generallyresolved quicklywith minimalGovernmentinvolvement.

Problems arenon-existent or thecontractor takescorrective actionwithoutGovernmentinvolvement.

Responsive-

ness

Contractor’smanagement isunresponsive toGovernmentrequests andconcerns.

Contractor’smanagement isoccasionallyunresponsive toGovernment requestsand concerns.

Contractor’smanagement isresponsive toGovernmentrequests andconcerns.

Contractor’smanagement isresponsive torequests andconcerns andoccasionallyproactive inanticipatingconcerns.

Contractor’smanagement takesproactive approachin dealing withGovernment  representativesand anticipatesconcerns. 

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Communi-cation Contractor fails tocommunicate withGovernment in aneffective andtimely manner.

Contractoroccasionally fails tocommunicate withGovernment in aneffective and timelymanner.

Contractorroutinelycommunicates withGovernment in aneffective and timelymanner.

Contractorroutinelycommunicates withGovernment in aneffective and timelymanner and itfrequentlyproactive inmanagingcommunications.

Contractor takesproactive approachsuch thatcommunicationsare almost alwaysclear, effective andtimely.

V. Cost Management & EfficiencyCost Mgmt &Reporting

Contractorregularlyexperiences costoverruns. Costreports are lateand contain errors.Invoicing is notaccurate orsubmitted in atimely manner.Supporting detailis missing orincomplete.Subcontractorinvoices are rarelypaid in a timelymanner. 

Contractor mayexperienceoccasional costoverruns. Costreports areoccasionally lateand/or containerrors. Invoices areoccasionally late orcontain errors.

 Supporting detailcontains occasionalerrors.

Subcontractorinvoices are not paidin a timely manner. SB subcontractorinvoices are notexpedited.

Contractorroutinely completesthe effort within theoriginally agreed-toestimated cost.Funds andresources used incost-effectivemanner. Costreports are timely,accurate, completeand clearly written.

Invoices are timelyand  accurate.  Allsupporting detail isprovided.

Subcontractorinvoices are paid ina timely manner. SB subcontractorinvoices areexpedited.

Contractorroutinely completesthe effort within theoriginally agreed-toestimated cost andexperiencesoccasional costunderruns.

Funds andresources used incost-effectivemanner. Costreports are timely,accurate, completeand clearly written.

Invoices are timelyand accurate. Allsupporting detail isprovided. 

Subcontractorinvoices are paid ina timely manner. SB subcontractorinvoices areexpedited.

Contractor oftencompletes the effortat lower thanestimated costs.Funds andresources used in amost cost-effectivemanner. Costreports are timely,accurate, completeand clearly written.

Invoices are timelyand accurate. Allsupporting detail isprovided.

Subcontractorinvoices are paid ina timely manner. SB subcontractorinvoices areexpedited.

Other Direct Cost(ODC)

ODCs are notaccurately ortimely reported orinvoiced.

Errors are notquickly corrected.Does not complywith contractrequirements forODCauthorizations.Burdened unitcosts usuallyhigher thanproposed.

ODCs areoccasionally notreported or invoicedin timely manner. Errors notconsistentlycorrected in a timelymanner.Occasionally doesnot  comply withauthorizationrequirements incontract.

Burdened unit costsare frequently higherthan proposed.

ODCs areaccurately andtimely reported andinvoiced. Anyerrors noted arequickly corrected.Contractorcomplies withcontractrequirements forODC authorization98% of time. 

Burdened unit costsare rarely higherthan proposed.

ODCs areaccurately andtimely reported andinvoiced. Errors arerare and quicklycorrected.Contractorcomplies withcontractrequirements forODC authorization100% oftime.  Burdenedunit costs areoccasionally lowerthan proposed.

ODCs areaccurately andtimely reported andinvoiced.Contractorcomplies withcontractrequirements forODC authorization100% oftime. Burdened unitcosts are oftenlower thanproposed.

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E.13 AWARD TERM PLAN

E.13.1  INTRODUCTION 

The QASP is the basis for evaluating of the contractor's performance and for presenting an assessment of thatperformance to the term-determining official (TDO) who is the Contracting Officer (PCO). The specific criteria andprocedures used for assessing the contractor's performance and for determining the award term earned are describedin the Section E, Quality Assurance Surveillance Plan (QASP). All TDO/PCO decisions regarding the award-termevaluation and the nature and success of the contractor's performance—are final and not subject to dispute. Theaward term will be provided to the contractor through unilateral contract modifications as determined by the TDO.

E.13.2 ORGANIZATION The award-term organization includes the PCO/TDO, the Contract Specialist, the COR and project-specific SubjectMatter Experts (SMEs).

E.13.3 RESPONSIBILITIES

The responsibilities of the award-term organization are as specified in paragraph 3.4 of the QASP.

E.13.4 AWARD-TERM PROCESSES.

a. Award-Term Evaluation. Evaluation results will be based on the contractor's performance during each evaluationperiod.

b. Evaluation Criteria. Any changes to award term evaluation criteria may be proposed by either party and shall bemade only by bilateral modification to the QASP.

c. Informal Interim Evaluation Process. The PCO may provide informal interim evaluation results and notifies thecontractor of the strengths and weaknesses for the current evaluation period. The CO may also issue letters at anyother time when it is deemed necessary to highlight areas of government concern.

d. End-of-Period Evaluations. The "end of period" evaluation to determine whether the first award term (CLIN 7300)will be exercised shall occur in Option 2 in accordance with the schedule in paragraph E.7.4 of the QASP. The "endof period" evaluation for the second award term (CLIN 7400) shall also be in accordance with the QASP schedule.

E.13.5 AWARD-TERM PLAN CHANGE PROCEDURE Proposed changes to the award-term plan will be bilateral. If either party desires a change to the award-term plan anda mutual agreement cannot be reached, the original award-term plan will remain in effect.

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Section F - Deliveries or Performance

CLIN - DELIVERIES OR PERFORMANCE

The Period of Performance of the following Firm line Items are as follows:

7000   04/01/2016 - 03/31/2017

7001 AA   04/01/2016 - 03/31/2017

7001 AB   04/01/2016 - 03/31/2017

7001 AC   04/01/2016 - 03/31/2017

7001 AD   04/22/2016 - 03/31/2017

7001 AE   05/12/2016 - 03/31/2017

7001 AF   06/14/2016 - 03/31/2017

7001 AG   07/18/2016 - 03/31/2017

7001 AH   08/31/2016 - 03/31/2017

7001 AJ   09/20/2016 - 03/31/2017

7001 AK   09/29/2016 - 03/31/2017

7001 AL   10/18/2016 - 03/31/2017

7001 AM   03/07/2017 - 03/31/2017

7001 AN   04/01/2016 - 03/31/2017

7101 AA   04/01/2017 - 03/31/2018

7101 AB   04/01/2017 - 03/31/2018

7101 AC   04/01/2017 - 03/31/2018

7101 AD   05/05/2017 - 03/31/2018

7101 AE   05/22/2017 - 03/31/2018

7101 AF   07/18/2017 - 03/31/2018

7101 AG   07/24/2017 - 03/31/2018

7101 AH   08/15/2017 - 03/31/2018

7101 AJ   08/22/2017 - 03/31/2018

7101 AK   08/24/2017 - 03/31/2018

7101 AL   11/27/2017 - 03/31/2018

7101 AM   12/14/2017 - 03/31/2018

7101 AN   01/08/2018 - 03/31/2018

7101 AP   01/16/2018 - 03/31/2018

7101 AQ   03/15/2018 - 03/31/2018

7201 AA   04/01/2018 - 03/31/2019

7201 AB   04/01/2018 - 03/31/2019

7201 AC   04/01/2018 - 03/31/2019

7201 AD   04/12/2018 - 03/31/2019

7201 AE   04/30/2018 - 03/31/2019

7201 AF   07/12/2018 - 03/31/2019

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7201 AG   08/02/2018 - 03/31/2019

7201 AH   12/07/2018 - 03/31/2019

7201 AJ   01/07/2019 - 03/31/2019

7201 AK   02/12/2019 - 03/31/2019

7201 AL   02/12/2019 - 03/31/2019

7301 AA   04/01/2019 - 03/31/2020

7301 AB   04/01/2019 - 03/31/2020

7301 AC   04/01/2019 - 03/31/2020

7301 AD   04/15/2019 - 03/31/2020

7301 AE   04/15/2019 - 03/31/2020

7301 AF   04/24/2019 - 03/31/2020

7301 AG   05/07/2019 - 03/31/2020

7301 AH   06/05/2019 - 03/31/2020

7301 AJ   07/10/2019 - 03/31/2020

7301 AK   08/07/2019 - 03/31/2020

7301 AL   11/18/2019 - 03/31/2020

7301 AM   12/02/2019 - 03/31/2020

7301 AN   12/11/2019 - 03/31/2020

7301 AP   02/13/2020 - 03/31/2020

7301 AQ   02/28/2020 - 03/31/2020

7301 AR   02/28/2020 - 03/31/2020

7301 AS   03/04/2020 - 03/31/2020

7401 AA   04/01/2020 - 03/31/2021

7401 AB   04/01/2020 - 03/31/2021

7401 AC   04/01/2020 - 03/31/2021

7401 AD   04/01/2020 - 03/31/2021

9000   04/01/2016 - 03/31/2017

9001 AA   04/01/2016 - 03/31/2017

9001 AB   04/01/2016 - 03/31/2017

9001 AC   04/01/2016 - 03/31/2017

9001 AD   04/22/2016 - 03/31/2017

9001 AE   05/12/2016 - 03/31/2017

9001 AF   06/14/2016 - 03/31/2017

9001 AG   07/18/2016 - 03/31/2017

9001 AM   03/07/2017 - 03/31/2017

9101 AA   04/01/2017 - 03/31/2018

9101 AB   04/01/2017 - 03/31/2018

9101 AC   04/01/2017 - 03/31/2018

9101 AD   05/05/2017 - 03/31/2018

9101 AE   05/05/2017 - 03/31/2018

9101 AF   05/05/2017 - 03/31/2018

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9101 AG   05/22/2017 - 03/31/2018

9101 AH   08/15/2017 - 03/31/2018

9101 AJ   08/22/2017 - 03/31/2018

9101 AK   11/06/2017 - 03/31/2018

9101 AL   11/27/2017 - 03/31/2018

9101 AM   12/14/2017 - 03/31/2018

9101 AN   01/08/2018 - 03/31/2018

9101 AP   01/16/2018 - 03/31/2018

9201 AA   04/01/2018 - 03/31/2019

9201 AB   04/01/2018 - 03/31/2019

9201 AC   04/01/2018 - 03/31/2019

9201 AD   04/12/2018 - 03/31/2019

9201 AE   04/30/2018 - 03/31/2019

9201 AF   07/12/2018 - 03/31/2019

9201 AG   08/02/2018 - 03/31/2019

9201 AH   12/07/2018 - 03/31/2019

9201 AJ   01/07/2019 - 03/31/2019

9201 AK   02/12/2019 - 03/31/2019

9201 AL   02/25/2019 - 03/31/2019

9301 AA   04/01/2019 - 03/31/2020

9301 AB   04/01/2019 - 03/31/2020

9301 AC   04/01/2019 - 03/31/2020

9301 AD   04/09/2019 - 03/31/2020

9301 AE   04/15/2019 - 03/31/2020

9301 AF   04/15/2019 - 03/31/2020

9301 AG   04/24/2019 - 03/31/2020

9301 AH   05/07/2019 - 03/31/2020

9301 AJ   06/13/2019 - 03/31/2020

9301 AK   07/10/2019 - 03/31/2020

9301 AL   11/18/2019 - 03/31/2020

9301 AM   12/02/2019 - 03/31/2020

9301 AN   02/07/2020 - 03/31/2020

9301 AP   02/07/2020 - 03/31/2020

9401 AA   04/01/2020 - 03/31/2021

9401 AB   04/01/2020 - 03/31/2021

9401 AC   04/01/2020 - 03/31/2021

9401 AD   04/01/2020 - 03/31/2021

The Period of Performance of the following Option line Items are as follows:

7100   04/01/2017 - 03/31/2018

7200   04/01/2018 - 03/31/2019

9100   04/01/2017 - 03/31/2018

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9200   04/01/2018 - 03/31/2019

The Period of Performance of the following Award Term line Items are as follows:

7300   04/01/2019 - 03/31/2020

7400   04/01/2020 - 03/31/2021

9300   04/01/2019 - 03/31/2020

9400   04/01/2020 - 03/31/2021

Data CLINs 7099, 7199, 7299, 7399 and 7499 are not separately priced (NSP) and are associated with Labor CLINs7000, 7100, 7200, 7300 and 7400 respectively, with the same period of performance.               

Services to be performed hereunder will be provided at Naval Surface Warfare Center, Dahlgren Division, Dahlgren,Virginia.

HQ F-2-0003 DATA DELIVERY LANGUAGE FOR SERVICES ONLY PROCURMENTS

All data to be furnished under this contract shall be delivered prepaid to the destination(s) and at thetime(s) specified on the Contract Data Requirements List (CDRLs), DD Form 1423.

The period of performance may be adjusted at time of award, in order to correspond with the award date.

The Period of Performance of the following Firm items are as follows:

7000   04/01/2016 - 03/31/2017

7001 AA   04/01/2016 - 03/31/2017

7001 AB   04/01/2016 - 03/31/2017

7001 AC   04/01/2016 - 03/31/2017

7001 AD   04/22/2016 - 03/31/2017

7001 AE   05/12/2016 - 03/31/2017

7001 AF   06/14/2016 - 03/31/2017

7001 AG   07/18/2016 - 03/31/2017

7001 AH   08/31/2016 - 03/31/2017

7001 AJ   09/20/2016 - 03/31/2017

7001 AK   09/29/2016 - 03/31/2017

7001 AL   10/18/2016 - 03/31/2017

7001 AM   03/07/2017 - 03/31/2017

7001 AN   04/01/2016 - 03/31/2017

7101 AA   04/01/2017 - 03/31/2018

7101 AB   04/01/2017 - 03/31/2018

7101 AC   04/01/2017 - 03/31/2018

7101 AD   05/05/2017 - 03/31/2018

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7101 AE   05/22/2017 - 03/31/2018

7101 AF   07/18/2017 - 03/31/2018

7101 AG   07/24/2017 - 03/31/2018

7101 AH   08/15/2017 - 03/31/2018

7101 AJ   08/22/2017 - 03/31/2018

7101 AK   08/24/2017 - 03/31/2018

7101 AL   11/27/2017 - 03/31/2018

7101 AM   12/14/2017 - 03/31/2018

7101 AN   01/08/2018 - 03/31/2018

7101 AP   01/16/2018 - 03/31/2018

7101 AQ   03/15/2018 - 03/31/2018

7201 AA   04/01/2018 - 03/31/2019

7201 AB   04/01/2018 - 03/31/2019

7201 AC   04/01/2018 - 03/31/2019

7201 AD   04/12/2018 - 03/31/2019

7201 AE   04/30/2018 - 03/31/2019

7201 AF   07/12/2018 - 03/31/2019

7201 AG   08/02/2018 - 03/31/2019

7201 AH   12/07/2018 - 03/31/2019

7201 AJ   01/07/2019 - 03/31/2019

7201 AK   02/12/2019 - 03/31/2019

7201 AL   02/12/2019 - 03/31/2019

7301 AA   04/01/2019 - 03/31/2020

7301 AB   04/01/2019 - 03/31/2020

7301 AC   04/01/2019 - 03/31/2020

7301 AD   04/15/2019 - 03/31/2020

7301 AE   04/15/2019 - 03/31/2020

7301 AF   04/24/2019 - 03/31/2020

7301 AG   05/07/2019 - 03/31/2020

7301 AH   06/05/2019 - 03/31/2020

7301 AJ   07/10/2019 - 03/31/2020

7301 AK   08/07/2019 - 03/31/2020

7301 AL   11/18/2019 - 03/31/2020

7301 AM   12/02/2019 - 03/31/2020

7301 AN   12/11/2019 - 03/31/2020

7301 AP   02/13/2020 - 03/31/2020

7301 AQ   02/28/2020 - 03/31/2020

7301 AR   02/28/2020 - 03/31/2020

7301 AS   03/04/2020 - 03/31/2020

7401 AA   04/01/2020 - 03/31/2021

7401 AB   04/01/2020 - 03/31/2021

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7401 AC   04/01/2020 - 03/31/2021

7401 AD   04/01/2020 - 03/31/2021

9000   04/01/2016 - 03/31/2017

9001 AA   04/01/2016 - 03/31/2017

9001 AB   04/01/2016 - 03/31/2017

9001 AC   04/01/2016 - 03/31/2017

9001 AD   04/22/2016 - 03/31/2017

9001 AE   05/12/2016 - 03/31/2017

9001 AF   06/14/2016 - 03/31/2017

9001 AG   07/18/2016 - 03/31/2017

9001 AM   03/07/2017 - 03/31/2017

9101 AA   04/01/2017 - 03/31/2018

9101 AB   04/01/2017 - 03/31/2018

9101 AC   04/01/2017 - 03/31/2018

9101 AD   05/05/2017 - 03/31/2018

9101 AE   05/05/2017 - 03/31/2018

9101 AF   05/05/2017 - 03/31/2018

9101 AG   05/22/2017 - 03/31/2018

9101 AH   08/15/2017 - 03/31/2018

9101 AJ   08/22/2017 - 03/31/2018

9101 AK   11/06/2017 - 03/31/2018

9101 AL   11/27/2017 - 03/31/2018

9101 AM   12/14/2017 - 03/31/2018

9101 AN   01/08/2018 - 03/31/2018

9101 AP   01/16/2018 - 03/31/2018

9201 AA   04/01/2018 - 03/31/2019

9201 AB   04/01/2018 - 03/31/2019

9201 AC   04/01/2018 - 03/31/2019

9201 AD   04/12/2018 - 03/31/2019

9201 AE   04/30/2018 - 03/31/2019

9201 AF   07/12/2018 - 03/31/2019

9201 AG   08/02/2018 - 03/31/2019

9201 AH   12/07/2018 - 03/31/2019

9201 AJ   01/07/2019 - 03/31/2019

9201 AK   02/12/2019 - 03/31/2019

9201 AL   02/25/2019 - 03/31/2019

9301 AA   04/01/2019 - 03/31/2020

9301 AB   04/01/2019 - 03/31/2020

9301 AC   04/01/2019 - 03/31/2020

9301 AD   04/09/2019 - 03/31/2020

9301 AE   04/15/2019 - 03/31/2020

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9301 AF   04/15/2019 - 03/31/2020

9301 AG   04/24/2019 - 03/31/2020

9301 AH   05/07/2019 - 03/31/2020

9301 AJ   06/13/2019 - 03/31/2020

9301 AK   07/10/2019 - 03/31/2020

9301 AL   11/18/2019 - 03/31/2020

9301 AM   12/02/2019 - 03/31/2020

9301 AN   02/07/2020 - 03/31/2020

9301 AP   02/07/2020 - 03/31/2020

9401 AA   04/01/2020 - 03/31/2021

9401 AB   04/01/2020 - 03/31/2021

9401 AC   04/01/2020 - 03/31/2021

9401 AD   04/01/2020 - 03/31/2021

The Period of Performance of the following Option items are as follows:

7100   04/01/2017 - 03/31/2018

7200   04/01/2018 - 03/31/2019

9100   04/01/2017 - 03/31/2018

9200   04/01/2018 - 03/31/2019

The Period of Performance of the following Award items are as follows:

7300   04/01/2019 - 03/31/2020

7400   04/01/2020 - 03/31/2021

9300   04/01/2019 - 03/31/2020

9400   04/01/2020 - 03/31/2021

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Section G - Contract Administration Data

G.1 ACCOUNTING DATA

The award document will include Accounting Data at the end of Section G. All lines of accounting are listedsequentially under a heading that identifies the particular action (award or modification number) under which thefunding was obligated. Under Seaport-e, all funding is identified/obligated at the SubCLIN (SLIN) level. SLINs areestablished sequentially by the Seaport-e software. Each obligation of funds receives a unique SLIN identifier, unlessthe funds are an increase to an existing line of accounting (ACRN). Thus, an individual project/work area that isfunded incrementally could have multiple SLINs. Accounting for expenditures at the SLIN level is required.

G.2 SPECIAL INVOICE INSTRUCTIONS

Each SLIN providing funding designates a specific project area/work area/work breakdown structure (WBS) item.Tracking and reporting shall be accomplished at the project/work area/WBS item level. Each identified project/workarea/WBS shall be invoiced by its associated CLIN and ACRN. If multiple ACRNs are associated with a singleproject/work area/WBS, the contractor shall consult with the Contracting Officer Representative for additionalinvoicing instructions.

G.3 PAYMENT INSTRUCTION

252.204-0001 Line Item Specific: Single Funding (SEP 2009). The payment office shall make payments usingACRN funding of the line item being billed.Note:  The Government may change the Payment Instruction.

G.4 Ddl-G10 GOVERNMENT CONTRACT ADMINISTRATION POINTS-OF-CONTACT ANDRESPONSIBILITIES

[1] Procuring Contracting Officer (PCO):

(a)    Name:     Amy Richards        Code:     CS 0243        Address:  Naval Surface Warfare Center, Dahlgren Division                       17632 Dahlgren Road, Suite 157                       Dahlgren, Virginia 22448-5100        Phone:     540-653-7825        E-mail:    [email protected]

(b) PCO responsibilities are outlined in FAR 1.602-2. The PCO is the only person authorized to approve changes inany of the requirements of this Task Order, notwithstanding provisions contained elsewhere in this contract, the saidauthority remains solely the PCO’s. The contractor shall not comply with any order, direction or request ofGovernment personnel unless it is issued in writing and signed by the Contracting Officer or is pursuant to specificauthority otherwise included as part of this contract. In the event the contractor effects any change at the direction ofany person other than the PCO, the change will be considered to be unauthorized.

[2] Contract Specialist:

(a)    Name:     Carmell Titus Beard        Code:     CS 0243

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       Address:  Naval Surface Warfare Center, Dahlgren Division                      17632 Dahlgren Road, Suite 157                      Dahlgren, Virginia 22448-5100        Phone:    540-653-3358        E-mail:    [email protected]

(b) The Contract Specialist is the representative of the Contracting Officer for all contractual matters.

[3] Contracting Officer Representative (COR):

(a)   Name:    Janet Bohlmann       Code:     A40       Address: Naval Surface Warfare Center, Dahlgren Division                      18372 Frontage Road, Suite 318                      Dahlgren, Virginia 22448-5160        Phone:   540-653-7457        E-mail:   [email protected]

(b) The COR is the PCO’s appointed representative for technical matters. The COR is not a contracting officer anddoes not have the authority to direct the accomplishment of effort which is beyond the scope of the Task Order or tootherwise change any Task Order requirements. An informational copy of the COR appointment letter whichprovides a delineation of COR authority and responsibilities is provided as an attachment to this Task Order.

Government Subject Matter Expert (SME)

The Government SME is the COR's subject matter expert (SME) for specific work areas.

G.5 CONSENT TO SUBCONTRACT

For subcontracts and consulting agreements for services, where the prime contractor anticipates that hours deliveredwill be counted against the hours in the Level of Effort clause below, Consent to Subcontract authority is retained bythe Procuring Contracting Officer.

The following subcontractors are approved on this order:  Modification 17 added Innovative Decisions, Inc. (IDI) asa sub-contractor on this order.

G.6 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause—

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

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

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

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests andreceiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests andReceiving Reports.

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

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

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based TrainingCourse and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessedby 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 DataInterchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting paymentrequests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

______Cost Voucher____________

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) inWAWF, as specified by the contracting officer.

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

_______N00178____________

Routing Data Table

Field Name in WAWF Data to be entered in WAWFPay Official DoDAAC HQ0338Issue By DoDAAC N00178Admin DoDAAC S5111AInspect By DoDAAC N00178Ship To Code Not ApplicableShip From Code Not ApplicableMark For Code Not ApplicableService Approver (DoDAAC) N00178Service Acceptor (DoDAAC) N00178Accept at Other DoDAAC Not ApplicableLPO DoDAAC Not ApplicableDCAA Auditor DoDAAC HAA391Other DoDAAC(s) Not Applicable

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includesappropriate contract line item and subline item descriptions of the work performed or supplies delivered, unitprice/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 “SendAdditional Email Notifications” field of WAWF once a document is submitted in the system.

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[email protected]

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’sWAWF point of contact: [email protected].

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

G.7 ACCOUNTING SYSTEM ADEQUACY

a. FAR 16.301-3(a)(1) requires that a contractor’s accounting system be adequate for determining costs applicable tothe contract in order to be eligible for a cost reimbursement type contract. This is understood to mean that theaccounting system must have been reviewed and approved by the Government.

b. This requirement applies equally to the prime contractor as well as their subcontractors who are proposed forcost-reimbursement or time and materials (T&M) contracts. T&M contracts are considered to be a form of costreimbursement contracting because of the manner in which materials and ODCs are priced (actual cost plus indirectburdens). Subcontractors without approved accounting systems should be contracted using firm fixed price or laborhour contracts.

c. The prime contract is solely responsible for verifying that subcontractors proposed for cost reimbursementcontracts (including T&M), have DCAA-approved accounting systems. They shall require subcontractors to providea copy of DCAA’s most recent review/approval letter. A copy of this letter shall be provided to the Government.

d. The prime contractor shall also provide a copy of DCAA’s most recent review/approval of their accountingsystem. The status of actions taken as a result of DCAA recommendations shall be addressed. Any unresolved issuesshall be identified and their impact on this requirement shall be discussed.

G.8 EARLY DISMISSAL AND CLOSURE OF GOVERNMENT FACILITIES

When a Government facility is closed and/or early dismissal of Federal employees is directed due to severe weather,security threat, or a facility related problem that prevents personnel from working, onsite contractor personnelregularly assigned to work at that facility should follow the same reporting and/or departure directions given toGovernment personnel. The contractor shall not direct charge to the contract for time off, but shall follow parentcompany policies regarding taking leave (administrative or other). Non-essential contractor personnel, who are notrequired to remain at or report to the facility, shall follow their parent company policy regarding whether they shouldgo/stay home or report to another company facility. Subsequent to an early dismissal and during periods of inclementweather, onsite contractors should monitor radio and television announcements before departing for work todetermine if the facility is closed or operating on a delayed arrival basis. When Federal employees are excused fromwork due to a holiday or a special event (that is unrelated to severe weather, a security threat, or a facility relatedproblem), on site contractors will continue working established work hours or take leave in accordance with parentcompany policy. Those contractors who take leave shall not direct charge the non-working hours to the task order.Contractors are responsible for predetermining and disclosing their charging practices for early dismissal, delayedopenings, or closings in accordance with the FAR, applicable cost accounting standards, and company policy.Contractors shall follow their disclosed charging practices during the task order period of performance, and shall notfollow any verbal directions to the contrary. The Contracting Officer will make the determination of cost allowed fortime lost due to facility closure in accordance with FAR, applicable Cost Accounting Standards, and the Contractor'sestablished accounting policy.

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7001AB 1300546313-00001 113995.20  LLA : AA 9750400 1120 P51 25040 7 251C00 00 000494 47DWAM52045 Funding Document # DWAM 52045 DR-035905.0157   BASE Funding 113995.20 Cumulative Funding 113995.20 

 MOD 01  7001AC 130056098800001 25000.00  LLA : AB 2162040 A5X BD644 1 20ED5F PM A25500 010826951R00 1999911420040539468 021001  Funding Document #10826951-AA  9001AB 130055917600001 1800.00  LLA : AC 97X4930 NH1E 251 77777 0 050120 2F 000000 A00003348441  9001AC 130056098800001 3000.00  LLA : AB 2162040 A5X BD644 1 20ED5F PM A25500 010826951R00 1999911420040539468 021001  Funding Document #10826951-AA   MOD 01 Funding 29800.00 Cumulative Funding 143795.20 

 MOD 02  7001AD 130056693900001 500000.00  LLA : AD 1761319 E627 251 71202 056521 2D 47218P 21816WXPC001 Funding Document #N472186WXPC001  9001AD 130056693900002 7000.00  LLA : AD 1761319 E627 251 71202 056521 2D 47218P 21816WXPC001 Funding Document #N472186WXPC001   MOD 02 Funding 507000.00 Cumulative Funding 650795.20 

 MOD 03 Funding 0.00 Cumulative Funding 650795.20 

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 MOD 04  7001AE 130056975000001 59000.00  LLA : AE 5763400 306 32CYF 3 044001 50 640280 59F387700F87 700 387700  Funding Document #F1ATNW6077GW01 DR-047307.11  9001AE 130056975000002 1000.00  LLA : AE 5763400 306 32CYF 3 044001 50 640280 59F387700F87 700 387700  Funding Document #F1ATNW6077GW01 DR-047307.11   MOD 04 Funding 60000.00 Cumulative Funding 710795.20 

 MOD 05  7001AF 130057695200001 18000.00  LLA : AB 2162040 A5X BD644 1 20ED5F PM A25500 010826951R00 1999911420040539468 021001  Funding Document #10826951-AA  9001AF 130057695200001 3000.00  LLA : AB 2162040 A5X BD644 1 20ED5F PM A25500 010826951R00 1999911420040539468 021001  Funding Document #10826951-AA   MOD 05 Funding 21000.00 Cumulative Funding 731795.20 

 MOD 06  7001AG 130058452700001 90000.00  LLA : AG 1761319 T4AA 251 67854 067443 2D C32090 6RC00866WF4T Funding Document # M9545016RC00866-AA  9001AG 130058452700001 5000.00  LLA : AG 1761319 T4AA 251 67854 067443 2D C32090 6RC00866WF4T Funding Document # M9545016RC00866-AA   MOD 06 Funding 95000.00 

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Cumulative Funding 826795.20 

 MOD 07  7001AH 130059662800001 300000.00  LLA : AD 1761319 E627 251 71202 056521 2D 47218P 21816WXPC001 Funding Document #N4721816WXPC001-AA   MOD 07 Funding 300000.00 Cumulative Funding 1126795.20 

 MOD 08  7001AJ 130060043300001 181975.00  LLA : AD 1761319 E627 251 71202 056521 2D 47218P 21816WXPC001 Funding Document #N4721816WXPC001-AA   MOD 08 Funding 181975.00 Cumulative Funding 1308770.20 

 MOD 09  7001AK 130060259100001 200000.00  LLA : AH 9760100 1220 437 00000 0 251C9J AA 970121 95DJAM16A391 012195  Funding Document #DJAM16A391   MOD 09 Funding 200000.00 Cumulative Funding 1508770.20 

 MOD 10  7001AL 130060378300001 28917.00  LLA : AG 1761319 T4AA 251 67854 067443 2D C32090 6RC00866WF4T Funding Document #: M9545016RC00866-AA. WCD 09/30/2017   MOD 10 Funding 28917.00 Cumulative Funding 1537687.20 

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 MOD 11 Funding 0.00 Cumulative Funding 1537687.20 

 MOD 12  7001AM 130062877500001 25000.00  LLA : AJ 1771319 T4AA 251 67854 067443 2D C32090 7RC00339WF4T Funding Document #M9545017RC00339-AA  9001AM 130062877500002 1100.00  LLA : AJ 1771319 T4AA 251 67854 067443 2D C32090 7RC00339WF4T Funding Document #M9545017RC00339-AA   MOD 12 Funding 26100.00 Cumulative Funding 1563787.20 

 MOD 13  7101AB 130062921500001 300000.00  LLA : AJ 1771319 T4AA 251 67854 067443 2D C32090 7RC00339WF4T Funding Document #M9545017RC00339-AA  7101AC 130063311500001 380000.00  LLA : AK 97X4930 NH1E 251 77777 0 050120 2F 000000 A00003914277  9101AB 130062921500001 10000.00  LLA : AJ 1771319 T4AA 251 67854 067443 2D C32090 7RC00339WF4T Funding Document #M9545017RC00339-AA  9101AC 130063311500002 20000.00  LLA : AK 97X4930 NH1E 251 77777 0 050120 2F 000000 A00003914277   MOD 13 Funding 710000.00 Cumulative Funding 2273787.20 

 MOD 14  9001AC 130056098800001 (1400.00)  

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LLA : AB 2162040 A5X BD644 1 20ED5F PM A25500 010826951R00 1999911420040539468 021001  Funding Document #10826951-AA  9001AF 130057695200001 (3000.00)  LLA : AB 2162040 A5X BD644 1 20ED5F PM A25500 010826951R00 1999911420040539468 021001  Funding Document #10826951-AA  9001AG 130058452700001 (5000.00)  LLA : AG 1761319 T4AA 251 67854 067443 2D C32090 6RC00866WF4T Funding Document # M9545016RC00866-AA  9001AM 130062877500002 (1100.00)  LLA : AJ 1771319 T4AA 251 67854 067443 2D C32090 7RC00339WF4T Funding Document #M9545017RC00339-AA   MOD 14 Funding -10500.00 Cumulative Funding 2263287.20 

 MOD 15  7101AD 130064116700001 50000.00  LLA : AJ 1771319 T4AA 251 67854 067443 2D C32090 7RC00339WF4T Funding Document #M9545017RC00339-AA  9101AD 130064116700001 1100.00  LLA : AJ 1771319 T4AA 251 67854 067443 2D C32090 7RC00339WF4T Funding Document #M9545017RC00339-AA  9101AE 130064116500001 4400.00  LLA : AB 2162040 A5X BD644 1 20ED5F PM A25500 010826951R00 1999911420040539468 021001  Funding Document #10826951-AA  9101AF 130064116600001 5000.00  LLA : AG 1761319 T4AA 251 67854 067443 2D C32090 6RC00866WF4T Funding Document #M9545016RC00866-AA   MOD 15 Funding 60500.00 Cumulative Funding 2323787.20 

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 MOD 16  7101AE 130064357100001 40000.00  LLA : AL 1771319 M7KE 251 67854 067443 2D C29280 7RCR7CG6144A Funding Document #M9545017RCR7CG6-AA  9101AG 130064357100001 10000.00  LLA : AL 1771319 M7KE 251 67854 067443 2D C29280 7RCR7CG6144A Funding Document #M9545017RCR7CG6-AA   MOD 16 Funding 50000.00 Cumulative Funding 2373787.20 

 MOD 17  7101AE 130064357100001 8000.00  LLA : AL 1771319 M7KE 251 67854 067443 2D C29280 7RCR7CG6144A Funding Document #M9545017RCR7CG6-AA  9101AG 130064357100001 (8000.00)  LLA : AL 1771319 M7KE 251 67854 067443 2D C29280 7RCR7CG6144A Funding Document #M9545017RCR7CG6-AA   MOD 17 Funding 0.00 Cumulative Funding 2373787.20 

 MOD 18  7001AJ 130060043300001 (55000.00)  LLA : AD 1761319 E627 251 71202 056521 2D 47218P 21816WXPC001 Funding Document #N4721816WXPC001-AA  7001AM 130062877500001 (5700.00)  LLA : AJ 1771319 T4AA 251 67854 067443 2D C32090 7RC00339WF4T Funding Document #M9545017RC00339-AA   MOD 18 Funding -60700.00 Cumulative Funding 2313087.20 

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 MOD 19  7101AF 130065504300001 55000.00  LLA : AD 1761319 E627 251 71202 056521 2D 47218P 21816WXPC001 Funding Document #N4721816WXPC001-AA   MOD 19 Funding 55000.00 Cumulative Funding 2368087.20 

 MOD 20  7101AG 130065887300002 26600.00  LLA : AJ 1771319 T4AA 251 67854 067443 2D C32090 7RC00339WF4T Funding Document #M9545017RC00339-AA   MOD 20 Funding 26600.00 Cumulative Funding 2394687.20 

 MOD 21  7101AH 130066558800001 47000.00  LLA : AM 97X4930 NH1E 251 77777 0 050120 2F 000000 A00004140601  9101AH 130066558800001 3000.00  LLA : AM 97X4930 NH1E 251 77777 0 050120 2F 000000 A00004140601   MOD 21 Funding 50000.00 Cumulative Funding 2444687.20 

 MOD 22  7101AH 130066558800001 2000.00  LLA : AM 97X4930 NH1E 251 77777 0 050120 2F 000000 A00004140601  7101AJ 130066705400001 129000.00  LLA : AN 1771319 M7KE 251 67854 067443 2D C29280 7RCR7238144A 

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Funding Document #M9545017RCR7238-AA  9101AH 130066558800001 (2000.00)  LLA : AM 97X4930 NH1E 251 77777 0 050120 2F 000000 A00004140601  9101AJ 130066705400001 1000.00  LLA : AN 1771319 M7KE 251 67854 067443 2D C29280 7RCR7238144A Funding Document #M9545017RCR7238   MOD 22 Funding 130000.00 Cumulative Funding 2574687.20 

 MOD 23  7101AK 130066780200001 45000.00  LLA : AP 97X4930 NH1E 251 77777 0 050120 2F 000000 A00004155815   MOD 23 Funding 45000.00 Cumulative Funding 2619687.20 

 MOD 24  9101AK 130067970700001 2000.00  LLA : AQ 97X4930 NH1E 251 77777 0 050120 2F 000000 A00004263281   MOD 24 Funding 2000.00 Cumulative Funding 2621687.20 

 MOD 25  7101AL 130068315100001 49500.00  LLA : AR 2182040 A5X BC643 6 39FA5R E0 125500 011113331R00 2729911290040539463 021001  Funding Document #MIPR0011113331-AA  9101AL 130068315100001 500.00  LLA : AR 2182040 A5X BC643 6 39FA5R E0 125500 011113331R00 2729911290040539463 021001  Funding Document #MIPR0011113331-AA  

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 MOD 25 Funding 50000.00 Cumulative Funding 2671687.20 

 MOD 26  7101AM 130068599200001 171000.00  LLA : AS 1781319 M7KE 251 67854 067443 2D C29280 8RCR8357144A Funding Document #M9545018RCR8357-AA  9101AM 130068599200001 4000.00  LLA : AS 1781319 M7KE 251 67854 067443 2D C29280 8RCR8357144A Funding Document #M9545018RCR8357   MOD 26 Funding 175000.00 Cumulative Funding 2846687.20 

 MOD 27  7101AN 130068788000001 46000.00  LLA : AT 97X4930 NH1E 251 77777 0 050120 2F 000000 A00004332059  9101AN 130068788000002 1000.00  LLA : AT 97X4930 NH1E 251 77777 0 050120 2F 000000 A00004332059   MOD 27 Funding 47000.00 Cumulative Funding 2893687.20 

 MOD 28  7101AP 130069015000001 120000.00  LLA : AU 97X4930 NH1E 251 77777 0 050120 2F 000000 A00004347887  9101AP 130069015000002 2000.00  LLA : AU 97X4930 NH1E 251 77777 0 050120 2F 000000 A00004347887   MOD 28 Funding 122000.00 Cumulative Funding 3015687.20 

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 MOD 29  7101AQ 130070255000001 15000.00  LLA : AS 1781319 M7KE 251 67854 067443 2D C29280 8RCR8357144A Funding Document #M9545018RCR8357-AA   MOD 29 Funding 15000.00 Cumulative Funding 3030687.20 

 MOD 30  7201AB 130070274400001 208800.00  LLA : AS 1781319 M7KE 251 67854 067443 2D C29280 8RCR8357144A Funding Document #M95454018RC8357-AA  7201AC 130070300100001 30000.00  LLA : AV 97X4930 NH1E 251 77777 0 050120 2F 000000 A00004445495  9201AB 130070274400001 9500.00  LLA : AS 1781319 M7KE 251 67854 067443 2D C29280 8RCR8357144A Funding Document #M9545018RCR8357-AA  9201AC 130070300100002 14000.00  LLA : AV 97X4930 NH1E 251 77777 0 050120 2F 000000 A00004445495   MOD 30 Funding 262300.00 Cumulative Funding 3292987.20 

 MOD 31  7101AL 130068315100001 (21300.00)  LLA : AR 2182040 A5X BC643 6 39FA5R E0 125500 011113331R00 2729911290040539463 021001  Funding Document #MIPR0011113331-AA   MOD 31 Funding -21300.00 Cumulative Funding 3271687.20 

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 MOD 32  7201AD 130070799800001 730000.00  LLA : AW 9780400 1120 N36 18018 M PPC001 18 USDP04 00RUSDP251HQ 064288122RB0000009600 012215  Funding Document #HQ064288122-AA  9201AD 130070799800002 8196.00  LLA : AW 9780400 1120 N36 18018 M PPC001 18 USDP04 00RUSDP251HQ 064288122RB0000009600 012215  Funding Document #HQ064288122-AA   MOD 32 Funding 738196.00 Cumulative Funding 4009883.20 

 MOD 33  7201AE 130071187200001 20300.00  LLA : AR 2182040 A5X BC643 6 39FA5R E0 125500 011113331R00 2729911290040539463 021001  Funding Document #MIPR0011113331-AA  9201AE 130071187200001 1000.00  LLA : AR 2182040 A5X BC643 6 39FA5R E0 125500 011113331R00 2729911290040539463 021001  Funding Document #MIPR0011113331   MOD 33 Funding 21300.00 Cumulative Funding 4031183.20 

 MOD 34  7201AF 130072780200001 94000.00  LLA : AX 2182040 A5X FL654 7 68P01F PL F25500 011210356A00 349091230040565962 021001  Funding Document #11210356-AA  9201AF 130072780200001 6000.00  LLA : AX 2182040 A5X FL654 7 68P01F PL F25500 011210356A00 349091230040565962 021001  Funding Document #11210356-AA   MOD 34 Funding 100000.00 Cumulative Funding 4131183.20 

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 MOD 35  7201AG 130073429700001 144000.00  LLA : AY 1771319 M7KE 251 67854 067443 2D M95450 8RCR7350144A Funding Document #M9545018RCR7350-AA  9201AG 130073429700001 1000.00  LLA : AY 1771319 M7KE 251 67854 067443 2D M95450 8RCR7350144A Funding Document #M9545018RCR7350-AA   MOD 35 Funding 145000.00 Cumulative Funding 4276183.20 

 MOD 36  7201AH 130075729300001 116000.00  LLA : AZ 1781319 F4TD 255 41756 0 068941 2D 000000 32N000006030 Funding Document #N4175618WX00370-AA  9201AH 130075729300001 4000.00  LLA : AZ 1781319 F4TD 255 41756 0 068941 2D 000000 32N000006030 Funding Document #N4175618WX00370-AA   MOD 36 Funding 120000.00 Cumulative Funding 4396183.20 

 MOD 37  7101AP 130069015000001 (30988.47)  LLA : AU 97X4930 NH1E 251 77777 0 050120 2F 000000 A00004347887  7201AJ 130076187500001 48000.00  LLA : BA 2192040 A5X BC643 6 39FA5R E0 125500 011275622R00 327331250040539463 021001  Funding Document #112756220-AA  9201AJ 130076187500001 2000.00  LLA : BA 2192040 A5X BC643 6 39FA5R E0 125500 011275622R00 327331250040539463 021001  

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Funding Document #11275622-AA   MOD 37 Funding 19011.53 Cumulative Funding 4415194.73 

 MOD 38  7101AC 130063311500001 (0.01)  LLA : AK 97X4930 NH1E 251 77777 0 050120 2F 000000 A00003914277  7201AK 130076891600001 41000.00  LLA : AZ 1781319 F4TD 255 41756 0 068941 2D 000000 32N000006030 Funding Document #N4175618WX00370-AA  7201AL 130076891500001 50000.00  LLA : BC 1781319 F4TD 255 41756 0 068941 2D 000000 32N000006031  9201AK 130076891600002 9000.00  LLA : AZ 1781319 F4TD 255 41756 0 068941 2D 000000 32N000006030 Funding Document #N4175618WX00370-AA   MOD 38 Funding 99999.99 Cumulative Funding 4515194.72 

 MOD 39  7001AN 130077172800001 31000.00  LLA : BB 9780400 1120 N36 18018 M PPC001 18 USDP04 00RUSDP251HQ 0642813213RB000000960 012215  Funding Document #  9201AL 130077120400001 28700.00  LLA : BB 9780400 1120 N36 18018 M PPC001 18 USDP04 00RUSDP251HQ 0642813213RB000000960 012215  Funding Document #   MOD 39 Funding 59700.00 Cumulative Funding 4574894.72 

 MOD 40 

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 7301AB 130077510700001 185500.00  LLA : BD 1791319 W3AT 251 00014 0 050120 2D 000000 A00004966267  9301AB 130077510700002 2000.00  LLA : BD 1791319 W3AT 251 00014 0 050120 2D 000000 A00004966267   MOD 40 Funding 187500.00 Cumulative Funding 4762394.72 

 MOD 41  7301AC 130077944500001 170300.00  LLA : BB 9780400 1120 N36 18018 M PPC001 18 USDP04 00RUSDP251HQ 0642813213RB000000960 012215  Funding Document #HQ0642813213-AA  9301AC 130077944500001 20000.00  LLA : BB 9780400 1120 N36 18018 M PPC001 18 USDP04 00RUSDP251HQ 0642813213RB000000960 012215  Funding Document #HQ0642813213-AA   MOD 41 Funding 190300.00 Cumulative Funding 4952694.72 

 MOD 42  7201AJ 130076187500001 (45700.00)  LLA : BA 2192040 A5X BC643 6 39FA5R E0 125500 011275622R00 327331250040539463 021001  Funding Document #112756220-AA  9201AJ 130076187500001 (2000.00)  LLA : BA 2192040 A5X BC643 6 39FA5R E0 125500 011275622R00 327331250040539463 021001  Funding Document #11275622-AA  9301AD 130078005600001 4776.00  LLA : BE 97X4930 NH1E 251 77777 0 050120 2F 000000 A00005002810   MOD 42 Funding -42924.00 Cumulative Funding 4909770.72 

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 MOD 43  7301AD 130078164200001 93000.00  LLA : BF 1791319 F4TD 255 41756 0 068941 2D 000000 32N000012574 Funding Document #N4175619WX00244-AA  7301AE 130077510700003 197500.00  LLA : BD 1791319 W3AT 251 00014 0 050120 2D 000000 A00004966267  9301AE 130077510700004 35000.00  LLA : BD 1791319 W3AT 251 00014 0 050120 2D 000000 A00004966267  9301AF 130078164200002 7000.00  LLA : BF 1791319 F4TD 255 41756 0 068941 2D 000000 32N000012574 Funding Document #N4175619WX00244-AA   MOD 43 Funding 332500.00 Cumulative Funding 5242270.72 

 MOD 44  7301AF 130078336900001 42700.00  LLA : BA 2192040 A5X BC643 6 39FA5R E0 125500 011275622R00 327331250040539463 021001  Funding Document #11275600-AA  9301AG 130078336900002 5000.00  LLA : BA 2192040 A5X BC643 6 39FA5R E0 125500 011275622R00 327331250040539463 021001  Funding Document #11275600-AA   MOD 44 Funding 47700.00 Cumulative Funding 5289970.72 

 MOD 45  7301AG 130078615100001 248998.40  LLA : BG 97X4930 ND2A 252 00033 0 000033 2F 118849 01X600025286 Funding Document #N3220519RC61054-AA 

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 9301AH 130078615100002 40000.00  LLA : BG 97X4930 ND2A 252 00033 0 000033 2F 118849 01X600025286 Funding Document #N3220519RC61054-AA   MOD 45 Funding 288998.40 Cumulative Funding 5578969.12 

 MOD 46  9301AJ 130079405000001 12924.00  LLA : BH 97X4930 NH1E 251 77777 0 050120 2F 000000 A00005124844   MOD 46 Funding 12924.00 Cumulative Funding 5591893.12 

 MOD 47  7301AH 130079795100001 387500.00  LLA : BJ 1791319 8627 251 V0I00 0 050120 2D 000000 A00005164850   MOD 47 Funding 387500.00 Cumulative Funding 5979393.12 

 MOD 48  7301AJ 130079898100001 169000.00  LLA : BF 1791319 F4TD 255 41756 0 068941 2D 000000 32N000012574 Funding Document #N4175619WX00244   9301AK 130079898100002 6000.00  LLA : BF 1791319 F4TD 255 41756 0 068941 2D 000000 32N000012574 Funding Document #N4175619WX00244    MOD 48 Funding 175000.00 Cumulative Funding 6154393.12 

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 MOD 49  7301AE 130077510700003 18000.00  LLA : BD 1791319 W3AT 251 00014 0 050120 2D 000000 A00004966267  7301AK 130077510700005 75000.00  LLA : BD 1791319 W3AT 251 00014 0 050120 2D 000000 A00004966267  9301AE 130077510700004 (18000.00)  LLA : BD 1791319 W3AT 251 00014 0 050120 2D 000000 A00004966267   MOD 49 Funding 75000.00 Cumulative Funding 6229393.12 

 MOD 50  7301AL 130082282400001 45000.00  LLA : BL 02120202021 2040000 A5XBC 643639FA5RE01 2550 0011417706 R.0036072.1.2.4 0040539463  021001 Funding Document #11417706  9301AL 130082282400002 5000.00  LLA : BL 02120202021 2040000 A5XBC 643639FA5RE01 2550 0011417706 R.0036072.1.2.4 0040539463  021001 Funding Document #11417706   MOD 50 Funding 50000.00 Cumulative Funding 6279393.12 

 MOD 51  7301AF 130078336900001 (500.00)  LLA : BA 2192040 A5X BC643 6 39FA5R E0 125500 011275622R00 327331250040539463 021001  Funding Document #11275600-AA  9301AG 130078336900002 500.00  LLA : BA 2192040 A5X BC643 6 39FA5R E0 125500 011275622R00 327331250040539463 021001  

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Funding Document #11275600-AA   MOD 51 Funding 0.00 Cumulative Funding 6279393.12 

 MOD 52  7301AM 130082252700001 293500.00  LLA : BM 1701319 W4NP 251 00014 0 050120 2D 000000 A00005391391  9301AM 130082252700002 6500.00  LLA : BM 1701319 W4NP 251 00014 0 050120 2D 000000 A00005391391   MOD 52 Funding 300000.00 Cumulative Funding 6579393.12 

 MOD 53  7001AM 130062877500001 (4908.85)  LLA : AJ 1771319 T4AA 251 67854 067443 2D C32090 7RC00339WF4T Funding Document #M9545017RC00339-AA  7301AE 130077510700003 4400.00  LLA : BD 1791319 W3AT 251 00014 0 050120 2D 000000 A00004966267  7301AN 130082171200001 140000.00  LLA : BN 1791319 8627 251 V0I00 0 050120 2D 000000 A00005385450  9101AD 130064116700001 (9.81)  LLA : AJ 1771319 T4AA 251 67854 067443 2D C32090 7RC00339WF4T Funding Document #M9545017RC00339-AA  9301AE 130077510700004 (4400.00)  LLA : BD 1791319 W3AT 251 00014 0 050120 2D 000000 A00004966267   MOD 53 Funding 135081.34 Cumulative Funding 6714474.46 

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 MOD 54 Funding 0.00 Cumulative Funding 6714474.46 

 MOD 55  7301AJ 130079898100001 (9500.00)  LLA : BF 1791319 F4TD 255 41756 0 068941 2D 000000 32N000012574 Funding Document #N4175619WX00244   9301AK 130079898100002 9500.00  LLA : BF 1791319 F4TD 255 41756 0 068941 2D 000000 32N000012574 Funding Document #N4175619WX00244   9301AN 130083517900001 8000.00  LLA : BP 97X4930 NH1E 251 77777 0 050120 2F 000000 A00005487539  9301AP 130083565900001 8950.00  LLA : BQ 97X4930 NH1E 251 77777 0 050120 2F 000000 A00005492385   MOD 55 Funding 16950.00 Cumulative Funding 6731424.46 

 MOD 56  7301AP 130083382500001 44500.00  LLA : BR 1791319 8627 251 V0I00 0 050120 2D 000000 A00005475273   MOD 56 Funding 44500.00 Cumulative Funding 6775924.46 

 MOD 57  7301AG 130078615100001 4300.00  LLA : BG 97X4930 ND2A 252 00033 0 000033 2F 118849 01X600025286 Funding Document #N3220519RC61054-AA  

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7301AQ 130083824500001 13388.54  LLA : BS 1791319 F4TD 257 41756 0 068941 2D 000000 32N000012570 Funding Document #N4175619WX00244  7301AR 130083824700001 3964.23  LLA : BT 1791319 F4TD 233 41756 0 068941 2D 000000 32N000012568 Funding Document #N4175619WX00244  9301AH 130078615100002 (4300.00)  LLA : BG 97X4930 ND2A 252 00033 0 000033 2F 118849 01X600025286 Funding Document #N3220519RC61054-AA   MOD 57 Funding 17352.77 Cumulative Funding 6793277.23 

 MOD 58  7301AS 130084048400001 20000.00  LLA : BU 97X4930 NH1E 251 77777 0 050120 2F 000000 A00005525939   MOD 58 Funding 20000.00 Cumulative Funding 6813277.23 

 MOD 59  7401AB 130084277700001 860000.00  LLA : BV 1701319 8627 251 V0I00 0 050120 2D 000000 A00005543580  7401AC 130084325000001 250000.00  LLA : BW 1701319 F4TD 255 41756 0 068941 2D 000000 32N000021434 Funding Document #N4175620RC00074  9401AB 130084277700002 20000.00  LLA : BV 1701319 8627 251 V0I00 0 050120 2D 000000 A00005543580  9401AC 130084325000002 18000.00  LLA : BW 1701319 F4TD 255 41756 0 068941 2D 000000 32N000021434 Funding Document #N4175620RC00074 

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  MOD 59 Funding 1148000.00 Cumulative Funding 7961277.23 

 MOD 60  7401AD 130084033000001 468000.00  LLA : BX 1701319 W3AT 251 00014 0 050120 2D 000000 A00005524170  9401AD 130084033000002 15000.00  LLA : BX 1701319 W3AT 251 00014 0 050120 2D 000000 A00005524170   MOD 60 Funding 483000.00 Cumulative Funding 8444277.23 

Accounting Data

CLIN/SLIN PR Number Amount

N00178-15-D-8444-000261

7301AL 130082282400001 ($20,000.00)

LLA :

BL 02120202021 2040000 A5XBC 643639FA5RE01 2550 0011417706 R.0036072.1.2.4 0040539463 021001

Standard Document #:

Funding Document #11417706

7301AM 130082252700001 ($15,000.00)

LLA :

BM 1701319 W4NP 251 00014 0 050120 2D 000000 A00005391391

Standard Document #:

9301AL 130082282400002 ($2,000.00)

LLA :

BL 02120202021 2040000 A5XBC 643639FA5RE01 2550 0011417706 R.0036072.1.2.4 0040539463 021001

Standard Document #:

Funding Document #11417706

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Accounting Data

MOD Funding: ($37,000.00)

Cumulative Funding: $8,407,277.23

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Section H - Special Contract Requirements

H.1 TASK ORDER LABOR CATEGORY QUALIFICATIONS

To perform the requirements of the Performance Work Statement (PWS), the Government desires Key Personnel with the appropriate experience andprofessional qualifications. Key Personnel qualification levels are considered to be desired for those individuals whose resumes are submitted forevaluation with the proposal. All individuals performing under the key personnel labor categories are considered key. Resumes for any replacement ofkey personnel that are submitted following award shall have qualifications equal to or higher than the qualifications of the person to be replaced, asrequired by the clause entitled 5252.237-9106 - Substitution of Personnel. Following award, the qualification levels are considered to be minimums forany growth beyond those individuals initially proposed.

Education and professional qualifications include formal education degrees, honors, publications, professional licenses and certifications and similarevidence of professional accomplishments that directly impact the Contractor’s qualifications and abilities to perform the order. For each Key LaborCategory, formal education qualifications are cited, as appropriate to the requirements of the Labor Category, to establish professional credentials fromwhich applied experience is founded. Additional degrees beyond those indicated for each category may be considered by the Government in lieu ofexperience depending on the field of study and the accreditation of the college/university. Alternatives to the formal education qualifications as stated ineach labor category description will be considered by the Government. For experience, personnel with Fleet operational experience who are familiar withtactics, techniques, and procedures and operations are preferred.

Specialized experience is concurrent with the general experience requirements listed for each labor category.

H.1.1 Key Personnel Labor Category Required Qualifications

a. Program Manager

Five (5) years of experience in the management of requirements of a comparable size and scope to this requirement to includetracking cost, schedule, and performance data.  Subject matter expertise in the application of systems engineering methodologiesin the federal Government, including demonstrated expertise implementing Department of Defense Architecture Framework(DoDAF) capabilities-based requirements processes.  Subject matter expertise in DoD operational and mission planning,including the application of the Unified Joint Task List (UJTL), Joint Mission Essential Tasks (JMET), and Mission EssentialTasks (MET) in support of military requirements. 

Experience with Earned Value Management (EVM) and Work Breakdown Schedules (WBS) is highly desirable. If subcontractingis proposed, the PM is also desired to have 2 years of experience in the management of subcontractor performance of comparablesize and complexity proposed for this requirement. 

b. Senior Mission Analyst

Five (5) years of experience in DoD operational and mission planning, including the application of the Unified Joint Task List(UJTL), Joint Mission Essential Tasks (JMET), and Mission Essential Tasks (MET) in support of military requirements. Experience in the application of systems engineering methodologies in the federal Government, including demonstrated expertiseimplementing Department of Defense Architecture Framework (DoDAF) capabilities-based requirements processes.  Experiencewith the DoD Joint Capability Areas (JCA).  Experience translating military missions into a system engineering methodology inmilitary applications for risk assessment.

H.1.2 Non-Key Personnel Minimum Qualifications

a. Senior Systems Engineer

Five (5) years of experience in the application of systems engineering methodologies in the federal Government, includingdemonstrated expertise implementing DoDAF capabilities-based requirements processes.  Experience developing DoDAFsupporting architectural frameworks; applying systems engineering to processes to include risk management and missionanalysis; providing innovative approaches, developing methodology options, and creating recommendations for the application ofsystem engineering principles; and applying Systems Engineering principles to address the requirement to understand andorganize complex systems.  Experience assessing commercial-off-the-shelf (COTS) systems engineering tools as they apply tocustomer processes, work efforts, and products.  Experience performing analyses using systems engineering tools to identify gaps

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and overlaps in processes. 

b. Junior Systems Engineer

Three (3) years of experience in the application of systems engineering methodologies in the federal government, includingdemonstrated expertise implementing DoDAF capabilities-based requirements processes.  Experience developing DoDAFsupporting architectural frameworks; applying systems engineering to processes to include risk management and missionanalysis; providing innovative approaches, developing methodology options, and creating recommendations for the application ofsystem engineering principles; and applying systems engineering principles to address the requirement to understand and organizecomplex systems.  Experience assessing commercial-off-the-shelf (COTS) systems engineering tools as they apply to customerprocesses, work efforts, and products.  Experience performing analyses using systems engineering tools to identify gaps andoverlaps in processes.

c. Junior Mission Analyst

Three (3) years of experience in DoD operational and mission planning, including the application of the Unified Joint Task List(UJTL), Joint Mission Essential Tasks (JMET), and Mission Essential Tasks (MET) in support of military requirements. Experience with systems engineering and risk methodologies.  Experience translating military missions into a system engineeringmethodology in military applications for risk assessment.

d. Software Engineer

Four (4) years of experience in software processes, design, development and testing with a minimum of two (2) years of experienceas a developer working with Systems Engineering tools.  The Software Engineer should have the following:

·         Experience confirming project requirements by reviewing program objective, input data, and output requirements with analyst, supervisor, andclient.

·         Experience arranging project requirements in programming sequence by analyzing requirements; preparing a work flow chart and diagram using

knowledge of computer capabilities, subject matter, programming language, and logic.

·         Experience encoding project requirements by converting work flow information into computer language.

·         Experience programming software by entering coded information.

·         Experience confirming program operation by conducting tests; modifying program sequence and/or codes.

·         Experience preparing reference for users by writing operating instructions.

·         Experience maintaining historical records by documenting program development and revisions.

H.2 5252.237-9106 SUBSTITUTION OF PERSONNEL (SEP 1990)

(a) The Contractor agrees that a partial basis for award of this contract is the list of key personnel proposed. Accordingly, the Contractor agrees to assignto this contract those key personnel whose resumes were submitted with the proposal necessary to fulfill the requirements of the contract. No substitutionshall be made without prior notification to and concurrence of the Contracting Officer in accordance with this requirement.

(b) All proposed substitutes shall have qualifications equal to or higher than the qualification's of the person to be replaced. The Contracting Officer shallbe notified in writing of any proposed substitution at least forty-five (45) days, or ninety (90) days if a security clearance is to be obtained, in advance ofthe proposed substitution. Such notification shall include: (1) an explanation of the circumstances necessitation the substitution; (2) a complete resume ofthe proposed substitute; (3) any other information requested by the Contracting Officer to enable him/her to judge whether or not the Contractor ismaintaining the same high quality of personnel that provided the partial basis for award.

H.3 Ddl-H13 POST AWARD CONTRACTOR PERSONNEL APPROVAL

(a) Requests for post award approval of additional and/or replacement Resumed Key Personnel shall be submitted via e-mail. E-mail submissions shallbe made simultaneously to the Contract Specialist, COR, and the Alternate COR. Electronic notification via e-mail from the Contracting Officer willserve as written approval/disapproval. This approval is required before an individual may begin charging to the Task Order.

(b) Resumes shall be submitted in the format required. However, in order to expedite contract administration, contractor format may be used providing

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(c) If the employee is not a current employee of the contractor (or a subcontractor), a copy of the accepted offer letter (which identifies a projected startdate and the agreed to annual salary) shall be provided.

(d) TRIPWIRE NOTIFICATION. If the employee is a current employee of the contractor (or a subcontractor), the fully burdened hourly rate that will beinvoiced under the Task Order shall be provided. If the labor rate to be invoiced for the individual will exceed any Navy labor rate tripwire for servicecontracts in effect at time of the request for approval, the Contractor shall fully justify why the proposed individual is required for contract performanceand the specific benefit to be derived from the individual’s addition to the Task Order.

H.4 RESUME FORMAT AND CONTENT REQUIREMENTS

RESUME FORMAT AND CONTENT: In order to facilitate evaluation, all resumes shall contain the following minimum information:

Complete Name

Task Order Labor Category

Percentage of time to be allocated to this effort

Current level of security clearance level per JPAS (identify if interim or final)

Current work location and planned work location upon award of this Task Order.

If the individual is key on another contract with a period of performance that will overlap this requirement, note plans to satisfy both contracts if theOfferor is selected for award.

Chronological Work History/Experience Show experience and date(s) as follows:

(a) Employer: Dates (month/year); Title(s) held

(b) Work experience shall be presented separately for each employer, clearly marked with proper category of experience (i.e., Relevant Experience;Non-Relevant Experience.). If relevant and non-relevant experience were obtained while at the same employer, separate time periods shall be noted foreach assignment. (This is necessary to prevent an offeror from describing relevant experience obtained in a six month assignment for Company A asapplicable to the entire 10-year employment with that firm and to ensure offerors' proposals are evaluated on an equal basis). Responsibilities shall bediscussed in sufficient detail for each assignment so as to permit comparison with desired experience levels in Section H. Specific examples of workassignments, accomplishments, and products shall be provided.

(c) Phrases such as "assisted with", "participated in", or "supported" are UNACCEPTABLE except as introductory to a detailed description of the actualwork performed. If no such description is provided, the sentence or bulleted information will NOT be considered in the resume evaluation process. Thisis because evaluators would not be able to identify the specific technical work contributions made by the individual.

(d) Resume information is encouraged to be presented in bullet format. This will allow evaluators to focus on relevant information.

(e) Offerors shall note that the lack of specific definition in job responsibilities, services performed or products produced may be viewed as a lack ofunderstanding of the Government’s overall technical requirements.

(f) All relevant military experience claimed shall be described such that each relevant tour is treated as a separate employer. Time frames/titles/responsibilities shall be provided in accordance with the level of detail prescribed above. Military experience not documented in this manner will not beconsidered.

(g) Gaps in experience shall be avoided.

(h) PROFESSIONAL DEVELOPMENT – Show any honors, degrees, publications, professional licenses, certifications and other evidence ofprofessional accomplishments that are directly relevant and impact the offeror’s ability to perform under the Task Order. For education and training, thefollowing format is preferred:

Academic: Degree(s); Date(s); Institution; Major/Minor

Non-Academic: Course title, date(s), approximate length 

Professional licenses and certifications. Note the date obtained for each, as well as the date when each license/certification requires renewal.

(i) Certification of correctness of information signed and dated by both the person named and the Offeror. The employee certification shall include thefollowing statement: CERTIFICATION: "I certify that the experience and professional development described herein are complete and accurate in allrespects. I consent to the disclosure of my resume for NSWCDD Solicitation N00024-15-R-3060 by (insert Offeror's company name) and intend to make

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Employee Signature and Date

Offeror Signature and Date

Resumes without this certification will be unacceptable and will not be considered. The employee certification shall not be dated earlier than the issuedate of this solicitation.

(k) If the employee is not a current employee of the offeror (or a proposed subcontractor), a copy of the accepted offer letter shall be provided. The lettershall identify the projected start date. The Cost Proposal shall include documentation that identifies the agreed-to salary amount.

H.5 252.239-7001 INFORMATION ASSURANCE CONTRACTOR TRAINING AND CERTIFICATION (JAN 2008)

(a) The Contractor shall ensure that personnel accessing information systems have the proper and current information assurance certification to performinformation assurance functions in accordance with DoD8570.01-M, Information Assurance Workforce Improvement Program. The Contractor shall meetthe applicable information assurance certification requirements, including—

(1) DoD-approved information assurance workforce certifications appropriate for each category and level as listed in the current version of DoD8570.01-M; and

(2) Appropriate operating system certification for information assurance technical positions as required by DoD 8570.01-M.

(b) Upon request by the Government, the Contractor shall provide documentation supporting the information assurance certification status of personnelperforming information assurance functions.

(c) Contractor personnel who do not have proper and current certifications shall be denied access to DoD information systems for the purpose ofperforming information assurance functions.

H.6 Ddl-H40 FUNDING PROFILE

It is estimated that these incremental funds will provide for the number of hours of labor stated below. The following details funding to date:

FUNDING PROFILE:

CLINTotalECPFF

Fundingthis Action

PreviousFunding

TotalFunded

BalanceUnfunded

FundedLabor Hrs

Base            7001 $2,839,011  $1,507,278.35 $1,507,278.35 $1,331,732.65                                 11,9849001 $56,559  $11,400 $11,400 $45,159 Total Base $2,895,570 $0.00 $1,518,678.35 $1,518,678.35 $1,376,891.65                                 11,984OY1            7101 $2,924,182  $1,431,811.52 $1,431,811.52 $1,492,370.48                                   9,4279101 $106,559  $53,990 $53,990.19 $52,568.81 Total OY1 $3,030,741 $0.00 $1,485,801.71 $1,485,801.71 $1,544,939.29                                   9,427OY2            7201 $3,011,907  $1,436,400 $1,436,400 $1,575,507                                   9,6149201 $106,559  $81,396 $81,396 $25,163 Total OY2  $3,118,466 $0 $1,517,796 $1,517,796 $1,600,670 7301 $3,102,264 ($35,000.00) $2,146,551.17 $2,111,551.17 $990,712.83                                 13,7229301 $156,559 ($2,000) $144,450 $142,450 $14,109 

Total OY3 $3,258,823 ($37,000) $2,291,001 $2,254,001 $1,004,822 

7401 $3,195,332  $1,578,000 $1,578,000 $1,617,332                                   9,9569401 $106,559  $53,000 $53,000 $53,559 Total OY4 $3,301,891 $0 $1,631,000 $1,631,000 $1,670,891                                   9,956Total Order $15,605,491 -$37,000.00 $8,444,277.23 $8,407,277.23 $7,198,213.77 54703

H.7 NAVSEA 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 offee for incrementally funded contract line item number/contract subline item number (CLIN/SLIN), subject to the clause entitled "FIXED FEE" (FAR52.216-8) or "INCENTIVE FEE" (FAR 52.216-10), as appropriate, is specified below. The amount(s) presently available and allotted to this contract forpayment of cost for incrementally funded CLINs/SLINs is set forth below. As provided in the clause of this contract entitled "LIMITATION OF

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Page 87 of 125FUNDS" (FAR 52.232-22), the CLINs/SLINs covered thereby, and the period of performance for which it is estimated the allotted amount(s) will coverare as follows:

ALLOTMENT OF FUNDS: 

CLINPeriod ofPerformance

Allotted toCost

Allotted toFee

EstimatedCPFF

Est. FundedThrough

Base          7001 04/01/16 - 03/31/17 $1,361,126 $146,152 $1,507,278.35 3/31/179001 04/01/16 - 03/31/17 $11,400  $11,400 3/31/17Total Base   $1,372,526.28 $146,152.07 $1,518,678.35 OY1          7101 04/01/17 - 03/31/18  $       1,341,883  $           89,928  $   1,431,811.52  9101 04/01/17 - 03/31/18  $            53,990    $            53,990  Total OY1    $       1,395,873  $           89,928  $   1,485,801.71  OY2          7201 04/01/18 - 03/31/19  $       1,355,094  $           81,306  $       1,436,400  9201 04/01/18 - 03/31/19  $            81,396    $            81,396  Total OY2     $       1,436,490  $           81,306  $       1,517,796  7301 04/01/19 - 03/31/20  $   1,992,029.30  $    119,521.87  $   2,111,551.17  9301 04/01/19 - 03/31/20  $          142,450    $          142,450  Total OY3    $   2,134,479.30  $    119,521.87  $   2,254,001.17  7401 04/01/20 - 03/31/21  $       1,488,679  $      89,320.84  $   1,578,000.00  9401 04/01/20 - 03/31/21  $       53,000.00    $       53,000.00  Total OY4    $   1,541,679.16  $      89,320.84  $   1,631,000.00  Total Order $7,881,048.60 $526,228.63 $8,407,277.23  * Finalized Fee

(b) The parties contemplate that the Government will allot additional amounts to this contract from time to time for the incrementally fundedCLINs/SLINs by unilateral contract modification, and any such modification shall state separately the amount(s) allotted for cost, the amount(s) allottedfor 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 fundedCLINs/SLINs.

H.8 5252.216-9122  LEVEL OF EFFORT – ALTERNATE 1 (MAY 2010)

(a) The Contractor agrees to provide the total level of effort specified below in performance of the work described in Sections B and C of this task order.The total level of effort for the performance of this task order shall be man-hours of direct labor, including subcontractor direct labor for thosesubcontractors specifically identified in the Contractor's proposal as having hours included in the proposed level of effort.

The table below and information for blanks in paragraph (b) and (d) are to be completed by the Offeror.  

  Total Labor Hours Compensated Uncompensated Finalized Hours

Base Year (CLIN7001)

20160 201600

 11,984

Option 1 (CLIN 7101) 20160 201600    9,427

Option 2 (CLIN 7201) 20160 20160 0  Award Term 1 (CLIN7301)

20160 20160 0  

Award Term 2 (CLIN7401)

20160 201600  

(b) Of the total man-hours of direct labor set forth above, it is estimated that (Offeror to fill-in) man-hours are uncompensated effort. Uncompensatedeffort is defined as hours provided by personnel in excess of 40 hours per week without additional compensation for such excess work.  Total TimesAccounting (TTA) efforts are included in this definition. All other effort is defined as compensated effort. If no effort is indicated in the first sentence ofthis paragraph, uncompensated effort performed by the Contractor shall not be counted in fulfillment of the level of effort obligations under this contract.

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Page 88 of 125(c) Effort performed in fulfilling the total level of effort obligations specified above shall only include effort performed in direct support of this contractand shall not include time and effort expended on such things as (local travel to and from an employee’s usual work location), uncompensated effortwhile on travel status, truncated lunch periods, work (actual or inferred) at an employee's residence or other non-work locations (except as provided inparagraph (i) below), or other time and effort which does not have a specific and direct contribution to the tasks described in Sections B and Section C.

(d) The level of effort for this contract shall be expended at an average rate of approximately (Offeror to fill-in) hours per week. It is understood andagreed 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 thetotal 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 ofeffort specified above would be used prior to the expiration of the term, the Contractor shall notify the Contracting Officer in writing setting forth theacceleration required, the probable benefits which would result, and an offer to undertake the acceleration at no increase in the estimated cost or feetogether with an offer, setting forth a proposed level of effort, cost breakdown, and proposed fee, for continuation of the work until expiration of the termhereof. The offer shall provide that the work proposed will be subject to the terms and conditions of this contract and any additions or changes requiredby then current law, regulations, or directives, and that the offer, with a written notice of acceptance by the Contracting Officer, shall constitute a bindingcontract. The Contractor shall not accelerate any effort until receipt of such written approval by the Contracting Officer. Any agreement to accelerate willbe 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 ofeffort specified in paragraph (a) above would be used prior to the expiration of the term. This order shall specify the acceleration required and theresulting revised term. The Contractor shall acknowledge this order within five days of receipt.

(g) The Contractor shall provide and maintain an accounting system, acceptable to the Administrative Contracting Officer and the Defense ContractAudit Agency (DCAA), which collects costs incurred and effort (compensated and uncompensated, if any) provided in fulfillment of the level of effortobligations 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.

(h) Within 45 days after completion of the work under each separately identified period of performance hereunder, the Contractor shall submit thefollowing information in writing to the Contracting Officer with copies to the cognizant Contract Administration Office and to the DCAA office to whichvouchers are submitted:  (1) the total number of man-hours of direct labor expended during the applicable period; (2) a breakdown of this total showingthe 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 workunder the contract, the Contractor shall submit, in addition, in the case of a cost under run; (5) the amount by which the estimated cost of this contractmay be reduced to recover excess funds. All submissions shall include subcontractor information.

(i) Unless the Contracting Officer determines that alternative worksite arrangements are detrimental to contract performance, the Contractor may performup to 10% of the hours at an alternative worksite, provided the Contractor has a company-approved alternative worksite plan. The primary worksite isthe traditional “main office” worksite. An alternative worksite means an employee’s residence or a telecommuting center. A telecommuting center is ageographically convenient office setting as an alternative to an employee’s main office. The Government reserves the right to review the Contractor’salternative worksite plan. In the event performance becomes unacceptable, the Contractor will be prohibited from counting the hours performed at thealternative 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 equipmentfor contract performance as a result of the Contractor’s election to implement an alternative worksite plan.

(j) Notwithstanding any of the provisions in the above paragraphs and subject to the LIMITATION OF FUNDS or LIMITATION OF COST clauses, asapplicable, the period of performance may be extended and the estimated cost may be increased in order to permit the Contractor to provide all of theman-hours listed in paragraph (a) above.  The contractor shall continue to be paid fee for each man-hour performed in accordance with the terms of thecontract.

H.9 SAVINGS INITIATIVES

The following cost savings initiatives are required under this Task Order:

(a) Annual Labor Escalation: 3%

(b) Maximum Pass-Thru Rate: 8%

(c) Lower Target, Maximum and/or Minimum Fee rates than those reflected in the solicitation

(d) Other: N/A

(e) The Government also strongly encourages the prime contractor to eliminate “double pass-thru” costs by avoiding second tiersubcontractors/consultants during performance and where this situation is unavoidable, limiting subcontractor pass-thru costs to the lower of:

The prime contractor’s pass-thru rate under this order or

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Page 89 of 125The subcontractor’s SeaPort-e pass-thru rate where the subcontractor is also a prime contractor under SeaPort-e.

H.10 LABOR TRIPWIRE JUSTIFICATION

(a) The Contractor shall advise the COR and the Contract Specialist, by email, if the pending addition of any individual (Key or non-Key) will be at afully burdened average labor rate (including pass-through and/or target fee) that exceeds the labor tripwire amount. The Contractor shall not proceed withthe addition until the contractor is advised by the Contract Specialist that the request has been approved by the Contracting Officer.

(b) The Contractor’s request shall include: the proposed individual’s resume, labor hourly rate build-up, labor hours per work year, detailed justificationfor the addition of the particular individual based on his/her technical expertise and projected technical impact on the Task Order. If the individual is asubcontractor or consultant, the rate build-up shall include the prime contractor’s pass through rate.

(c) Currently, a fully burdened average labor rate of $156/hour or greater, regardless of the number of labor hours the proposed individual (prime,subcontractor, or consultant) will work, requires approval. The contractor will be advised of any changes to this tripwire level that occur duringperformance. A Fully Burdened Average Labor Rate of $156/hour or greater shall require the COR and the PCO’s review and written approval.

H.11 NAVSEA 5252.242-9115 TECHNICAL INSTRUCTIONS (APR 1999)

(a) Performance of the work hereunder may be subject to written technical instructions issued via Task Order modification afterthe instruction has been signed by the Contracting Officer, COR and Contractor. As used herein, technical instructions are definedto include the following:

(1) Directions to the Contractor which suggest pursuit of certain lines of inquiry, shift work emphasis, fill in details or otherwiseserve to accomplish the contractual PWS.

(2) Guidelines to the Contractor which assist in the interpretation of drawings, specifications or technical portions of workdescription.

(b) Technical instructions must be within the general scope of work stated in the order. Technical instructions may not be used to:(1) assign additional work under the order; (2) direct a change as defined in the "CHANGES" clause of the basic contract; (3)increase or decrease the estimated order amount (including fee), as applicable, the level of effort, or the time required for taskorder performance; or (4) change any of the terms, conditions or specifications of the order.

(c) If, in the opinion of the Contractor, any technical instruction calls for effort outside the scope of the order or is inconsistentwith this requirement, the Contractor shall notify the Contracting Officer in writing within ten (10) working days after the receiptof any such instruction. The Contractor shall not proceed with the work affected by the technical instruction unless and until theContractor is notified by the Contracting Officer that the technical instruction is within the scope of this order.

(d) Nothing in the foregoing paragraph shall be construed to excuse the Contractor from performing that portion of thecontractual work statement which is not affected by the disputed technical instruction.

Additional Information Relating to the Issuance of Technical Instructions:

Following approval of a Technical Instruction (TI) by the Contracting Officer and Acknowledgement of Receipt by theContractor, the TI will be incorporated into the task order by administrative modification.

H.12 E-Craft Labor Category Table

Contract labor Category E-Craft Labor CategoryExperience

Level ofContractor

Key or Non-KeyPersonnel

Program ManagerManager, Program/ProjectMANP1

Level IKey

Senior Mission Analyst Analyst, Operations IIANP2

Level IIKey

Senior Systems Engineer Engineer, Systems III ESY3 Level III Non-Key

Junior Systems Engineer Engineer, Systems II ESY2 Level II Non-Key

Junior Mission Analyst Analyst, Operations I ANP1Level I

Non-Key

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Software Engineer Engineer, Computer II EC2 Level II Non-Key

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Section I - Contract Clauses

I.1 CLAUSES INCORPORATED BY REFERENCE

52.204-24Representation Regarding Certain Telecommunications and VideoSurveillance Services or Equipment

Aug 2019

52.204-25Prohibition on Contracting for Certain Telecommunications andVideo Surveillance Services or Equipment

Aug 2019

52.219-6 Notice of Total Small Business Set-Aside NOV 201152.219-14 Limitations on Subcontracting NOV 201152.222-40 Notification of Employees Rights under the NLR Act DEC 201052.243-7 Notification of Changes NOV 1984252.225-7028 Exclusionary Policies and Practices of Foreign Governments APR 2003

252.227-7028Technical Data or Computer Software Previously Delivered to theGovernment

JUN 1995

All clauses in the offerors MAC contract apply to this Task Order, as applicable.

Note: Regarding 52.244-2 -- SUBCONTRACTS (JUNE 2007) - ALTERNATE I (JUNE 2007), Teamingarrangement with any firm not included in the Contractor's basic MAC contract must be submitted to the basic MACContracting Officer for approval. Team member (subcontract) additions after Task Order award must be approved bythe Task Order Contracting Officer.

I.2 CLAUSES INCORPORATED BY FULL TEXT

I.2.1 52.216-10 -- INCENTIVE FEE (JUN2011)

(a) General. The Government shall pay the Contractor for performing this contract a fee determined as provided inthis contract.

(b) Target cost and target fee. The target cost and target fee specified in the Schedule are subject to adjustment if thecontract is modified in accordance with paragraph (d) of this clause.

(1) “Target cost,” as used in this contract, means the estimated cost of this contract as initially negotiated, adjusted inaccordance with paragraph (d) below.

(2) “Target fee,” as used in this contract, means the fee initially negotiated on the assumption that this contract wouldbe performed for a cost equal to the estimated cost initially negotiated, adjusted in accordance with paragraph (d) ofthis clause.

(c) Withholding of payment.

(1) Normally, the Government shall pay the fee to the Contractor as specified in the Schedule. However, when theContracting Officer considers that performance or cost indicates that the Contractor will not achieve target, theGovernment shall pay on the basis of an appropriate lesser fee. When the Contractor demonstrates that performanceor cost clearly indicates that the Contractor will earn a fee significantly above the target fee, the Government may, atthe sole discretion of the Contracting Officer, pay on the basis of an appropriate higher fee.

(2) Payment of the incentive fee shall be made as specified in the Schedule; provided that the Contracting Officerwithholds a reserve not to exceed 15 percent of the total incentive fee or $100,000, whichever is less, to protect the

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Government’s interest. The Contracting Officer shall release 75 percent of all fee withholds under this contract afterreceipt of an adequate certified final indirect cost rate proposal covering the year of physical completion of thiscontract, provided the Contractor has satisfied all other contract terms and conditions, including the submission ofthe final patent and royalty reports, and is not delinquent in submitting final vouchers on prior years’ settlements.The Contracting Officer may release up to 90 percent of the fee withholds under this contract based on theContractor’s past performance related to the submission and settlement of final indirect cost rate proposals.

(d) Equitable adjustments. When the work under this contract is increased or decreased by a modification to thiscontract or when any equitable adjustment in the target cost is authorized under any other clause, equitableadjustments in the target cost, target fee, minimum fee, and maximum fee, as appropriate, shall be stated in asupplemental agreement to this contract.

(e) Fee payable.

(1) The fee payable under this contract shall be the target fee increased by .30 cents for every dollar that the totalallowable cost is less than the target cost or decreased by .30 cents for every dollar that the total allowable costexceeds the target cost. In no event shall the fee be greater than nine percent (9%) or less than three percent (3%) ofthe target cost.

(2) The fee shall be subject to adjustment, to the extent provided in paragraph (d) of this clause, and within theminimum and maximum fee limitations in paragraph (e)(1) of this clause, when the total allowable cost is increasedor decreased as a consequence of –

(i) Payments made under assignments; or

(ii) Claims excepted from the release as required by paragraph (h)(2) of the Allowable Cost and Payment clause.

(3) If this contract is terminated in its entirety, the portion of the target fee payable shall not be subject to an increaseor decrease as provided in this paragraph. The termination shall be accomplished in accordance with other applicableclauses of this contract.

(4) For the purpose of fee adjustment, “total allowable cost” shall not include allowable costs arising out of--

(i) Any of the causes covered by the Excusable Delays clause to the extent that they are beyond the control andwithout the fault or negligence of the Contractor or any subcontractor;

(ii) The taking effect, after negotiating the target cost, of a statute, court decision, written ruling, or regulation thatresults in the Contractor’s being required to pay or bear the burden of any tax or duty or rate increase in a tax or duty;

(iii) Any direct cost attributed to the Contractor’s involvement in litigation as required by the Contracting Officerpursuant to a clause of this contract, including furnishing evidence and information requested pursuant to the Noticeand Assistance Regarding Patent and Copyright Infringement clause;

(iv) The purchase and maintenance of additional insurance not in the target cost and required by the ContractingOfficer, or claims for reimbursement for liabilities to third persons pursuant to the Insurance Liability to ThirdPersons clause;

(v) Any claim, loss, or damage resulting from a risk for which the Contractor has been relieved of liability by theGovernment Property clause; or

(vi) Any claim, loss, or damage resulting from a risk defined in the contract as unusually hazardous or as a nuclearrisk and against which the Government has expressly agreed to indemnify the Contractor.

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(5) All other allowable costs are included in “total allowable cost” for fee adjustment in accordance with thisparagraph (e), unless otherwise specifically provided in this contract.

(f) Contract modification. The total allowable cost and the adjusted fee determined as provided in this clause shall beevidenced by a modification to this contract signed by the Contractor and Contracting Officer.

(g) Inconsistencies. In the event of any language inconsistencies between this clause and provisioning documents orGovernment options under this contract, compensation for spare parts or other supplies and services ordered undersuch documents shall be determined in accordance with this clause.

I.2.2 52.217-9 -- OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (NAVSEAVARIATION) (MARCH 2009)

(a) The Government may extend the term of this contract by written notice(s) to the Contractor within the periodsspecified below. If more than one option exists the Government has the right to unilaterally exercise any such optionwhether or not it has exercised other options.

ITEMS LATEST OPTION EXERCISE DATA

ITEMS LATEST OPTION EXERCISE DATA7100, 7199, 9100 No later than 12 months after the Task Order Award date7200, 7299, 9200 No later than 24 months after the Task Order Award date7300, 7399, 9300 No later than 36 months after the Task Order Award date7400, 7499, 9400 No later than 48 months after the Task Order Award date

(b) The total duration of this contract, including the exercise of any option(s) under this clause, shall not exceed five(5) years, however, in accordance with paragraph (g) of the requirement of this contract entitled "LEVEL OFEFFORT" (NAVSEA 5252.216-9122), if the total man hours delineated in paragraph (a) of the LEVEL OF EFFORTrequirement, have not been expended within the period specified above, the Government may require the Contractorto continue to perform the work until the total number of man hours specified in paragraph (a) of the aforementionedrequirement have been expended.

 

I.2.3 52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996)

 

(a) The Contractor shall not publish or disclose in any manner, without the Contracting Officer's written consent, thedetails of any safeguards either designed or developed by the Contractor under this contract or otherwise provided bythe Government.-

(b) To the extent required to carry out a program of inspection to safeguard against threats and hazards to thesecurity, integrity, and confidentiality of Government data, the Contractor shall afford the Government access to theContractor's facilities, installations, technical capabilities, operations, documentation, records, and databases. –

(c) If new or unanticipated threats or hazards are discovered by either the Government or the Contractor, or ifexisting safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention ofthe other party.

I.2.4 252.204-7012 SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION (NOV 2013)

(a) Definitions. As used in this clause—

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“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, orunauthorized access to, or modification of information.

“Attribution information” means information that identifies the Contractor, whether directly or indirectly, by the grouping of informationthat can be traced back to the Contractor (e.g., program description or facility locations).

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in whichunauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information tounauthorized media may have occurred.

“Contractor information system” means an information system belonging to, or operated by or for, the Contractor.

“Controlled technical information” means technical information with military or space application that is subject to controls on the access,use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information is to bemarked with one of the distribution statements B-through-F, in accordance with DoD Instruction 5230.24, Distribution Statements onTechnical Documents. The term does not include information that is lawfully publicly available without restrictions.

“Cyber incident” means actions taken through the use of computer networks that result in an actual or potentially adverse effect on aninformation system and/or the information residing therein.

“Exfiltration” means any unauthorized release of data from within an information system. This includes copying the data through covertnetwork channels or the copying of data to unauthorized media.

“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks,large-scale integration memory chips, and printouts onto which information is recorded, stored, or printed within an information system.

“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013,Rights in Technical Data-Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract.Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications,standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses andrelated information, and computer software executable code and source code.

(b) Safeguarding requirements and procedures for unclassified controlled technical information. The Contractor shall provide adequatesecurity to safeguard unclassified controlled technical information from compromise. To provide adequate security, the Contractor shall—

    (1) Implement information systems security in its project, enterprise, or company-wide unclassified information technology system(s)that may have unclassified controlled technical information resident on or transiting through them. The information systems securityprogram shall implement, at a minimum—

        (i) The specified National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53 security controls identifiedin the following table; or

        (ii) If a NIST control is not implemented, the Contractor shall submit to the Contracting Officer a written explanation of how—

            (A) The required security control identified in the following table is not applicable; or

            (B) An alternative control or protective measure is used to achieve equivalent protection.

    (2) Apply other information systems security requirements when the Contractor reasonably determines that information systemssecurity measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in adynamic environment based on an assessed risk or vulnerability.

                                                                Table 1 -- Minimum Security Controls for Safeguarding

Minimum required security controls for unclassified controlled technical information requiring safeguarding in accordance with paragraph(d) of this clause. (A description of the security controls is in the NIST SP 800-53, “Security and Privacy Controls for FederalInformation Systems and Organizations” (http://csrc.nist.gov/publications/PubsSPs.html).)

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Access Control

AC-2AC-3(4)AC-4AC-6AC-7AC-11(1)AC-17(2)AC-18(1)AC-19AC-20(1)AC-20(2)AC-22

Audit &Accountability

AU-2AU-3AU-6(1)AU-7AU-8AU-9

Identification andAuthentication

IA-2IA-4IA-5(1)

Media Protection

MP-4MP-6 

System & CommProtection

SC-2SC-4SC-7SC-8(1)SC-13SC-15SC-28 

 

Physical andEnvironmentalProtection

PE-2PE-3PE-5

Incident Response

IR-2IR-4IR-5IR-6 

ConfigurationManagement

CM-2CM-6CM-7CM-8 

ProgramManagement

PM-10 

System &InformationIntegrity

SI-2SI-3SI-4 

Maintenance

MA-4(6)MA-5MA-6

Risk Assessment

RA-5

Awareness &Training

AT-2

ContingencyPlanning

CP-9

Legend:  

AC: Access Control MA: Maintenance

AT: Awareness and Training MP: Media Protection

AU: Auditing and Accountability PE: Physical & Environmental Protection

CM: Configuration Management PM: Program Management

CP: Contingency Planning RA: Risk Assessment

IA: Identification and Authentication SC: System & Communications Protection

IR: Incident Response SI: System & Information Integrity

(c) Other requirements. This clause does not relieve the Contractor of the requirements specified by applicable statutes or other Federaland DoD safeguarding requirements for Controlled Unclassified Information (CUI) as established by Executive Order 13556, as well asregulations and guidance established pursuant thereto.

(d) Cyber incident and compromise reporting.

    (1) Reporting requirement. The Contractor shall report as much of the following information as can be obtained to the Department ofDefense via (http://dibnet.dod.mil/) within 72 hours of discovery of any cyber incident, as described in paragraph (d)(2) of this clause,that affects unclassified controlled technical information resident on or transiting through the Contractor’s unclassified informationsystems:

        (i) Data Universal Numbering System (DUNS).

        (ii) Contract numbers affected unless all contracts by the company are affected.

        (iii) Facility CAGE code if the location of the event is different than the prime Contractor location.

        (iv) Point of contact if different than the POC recorded in the System for Award Management (address, position, telephone, email).

        (v) Contracting Officer point of contact (address, position, telephone, email).

        (vi) Contract clearance level.

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        (vii) Name of subcontractor and CAGE code if this was an incident on a Sub-contractor network.

        (viii) DoD programs, platforms or systems involved.

         (ix) Location(s) of compromise.

         (x) Date incident discovered.

         (xi) Type of compromise (e.g., unauthorized access, inadvertent release, other).

         (xii) Description of technical information compromised.

         (xiii) Any additional information relevant to the information compromise.

     (2) Reportable cyber incidents. Reportable cyber incidents include the following:

         (i) A cyber incident involving possible exfiltration, manipulation, or other loss or compromise of any unclassified controlledtechnical information resident on or transiting through Contractor’s, or its subcontractors’, unclassified information systems.

         (ii) Any other activities not included in paragraph (d)(2)(i) of this clause that allow unauthorized access to the Contractor’sunclassified information system on which unclassified controlled technical information is resident on or transiting.

     (3) Other reporting requirements. This reporting in no way abrogates the Contractor’s responsibility for additional safeguarding andcyber incident reporting requirements pertaining to its unclassified information systems under other clauses that may apply to its contract,or as a result of other U.S. Government legislative and regulatory requirements that may apply (e.g., as cited in paragraph (c) of thisclause).

     (4) Contractor actions to support DoD damage assessment. In response to the reported cyber incident, the Contractor shall—

         (i) Conduct further review of its unclassified network for evidence of compromise resulting from a cyber incident to include, but isnot limited to, identifying compromised computers, servers, specific data and users accounts. This includes analyzing information systemsthat were part of the compromise, as well as other information systems on the network that were accessed as a result of the compromise;

         (ii) Review the data accessed during the cyber incident to identify specific unclassified controlled technical information associatedwith DoD programs, systems or contracts, including military programs, systems and technology; and

         (iii) Preserve and protect images of known affected information systems and all relevant monitoring/packet capture data for at least90 days from the cyber incident to allow DoD to request information or decline interest.

     (5) DoD damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that theContractor point of contact identified in the incident report at (d)(1) of this clause provide all of the damage assessment informationgathered in accordance with paragraph (d)(4) of this clause. The Contractor shall comply with damage assessment information requests.The requirement to share files and images exists unless there are legal restrictions that limit a company's ability to share digital media.The Contractor shall inform the Contracting Officer of the source, nature, and prescription of such limitations and the authorityresponsible.

 (e) Protection of reported information. Except to the extent that such information is lawfully publicly available without restrictions, theGovernment will protect information reported or otherwise provided to DoD under this clause in accordance with applicable statutes,regulations, and policies. The Contractor shall identify and mark attribution information reported or otherwise provided to the DoD. TheGovernment may use information, including attribution information and disclose it only to authorized persons for purposes and activitiesconsistent with this clause.

 (f) Nothing in this clause limits the Government’s ability to conduct law enforcement or counterintelligence activities, or other lawfulactivities in the interest of homeland security and national security. The results of the activities described in this clause may be used tosupport an investigation and prosecution of any person or entity, including those attempting to infiltrate or compromise information on acontractor information system in violation of any statute.

 (g) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (g), in all subcontracts, includingsubcontracts for commercial items.

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I.2.5 252.227-7013 RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS (FEB 2014)

(a) Definitions.  As used in this clause—

    (1) “Computer data base” means a collection of data recorded in a form capable of being processed by acomputer.  The term does not include computer software.

    (2) “Computer program” means a set of instructions, rules, or routines recorded in a form that is capable ofcausing a computer to perform a specific operation or series of operations.

    (3) “Computer software” means computer programs, source code, source code listings, object code listings, designdetails, algorithms, processes, flow charts, formulae and related material that would enable the software to bereproduced, recreated, or recompiled.  Computer software does not include computer data bases or computersoftware documentation.

    (4) “Computer software documentation” means owner's manuals, user's manuals, installation instructions,operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of thecomputer software or provide instructions for using the software.

    (5) "Covered Government support contractor" means a contractor (other than a litigation support contractorcovered by 252.204-7014) under a contract, the primary purpose of which is to furnish independent and impartialadvice or technical assistance directly to the Government in support of the Government’s management and oversightof a program or effort (rather than to directly furnish an end item or service to accomplish a program or effort),provided that the contractor—

        (i) Is not affiliated with the prime contractor or a first-tier subcontractor on the program or effort, or with anydirect competitor of such prime contractor or any such first-tier subcontractor in furnishing end items or services ofthe type developed or produced on the program or effort; and

        (ii) Receives access to technical data or computer software for performance of a Government contract thatcontains the clause at 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished InformationMarked with Restrictive Legends.

            (6)  “Detailed manufacturing or process data” means technical data that describe the steps, sequences, andconditions of manufacturing, processing or assembly used by the manufacturer to produce an item or component orto perform a process.

            (7)  “Developed” means that an item, component, or process exists and is workable. Thus, the item orcomponent must have been constructed or the process practiced. Workability is generally established when the item,component, or process has been analyzed or tested sufficiently to demonstrate to reasonable people skilled in theapplicable art that there is a high probability that it will operate as intended. Whether, how much, and what type ofanalysis or testing is required to establish workability depends on the nature of the item, component, or process, andthe state of the art. To be considered “developed,” the item, component, or process need not be at the stage where itcould be offered for sale or sold on the commercial market, nor must the item, component, or process be actuallyreduced to practice within the meaning of Title 35 of the United States Code.

            (8)  “Developed exclusively at private expense” means development was accomplished entirely with costscharged to indirect cost pools, costs not allocated to a government contract, or any combination thereof.

        (i)  Private expense determinations should be made at the lowest practicable level.

        (ii)  Under fixed-price contracts, when total costs are greater than the firm-fixed-price or ceiling price of the

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contract, the additional development costs necessary to complete development shall not be considered whendetermining whether development was at government, private, or mixed expense.

            (9)  “Developed exclusively with government funds” means development was not accomplished exclusivelyor partially at private expense.

            (10)  “Developed with mixed funding” means development was accomplished partially with costs charged toindirect cost pools and/or costs not allocated to a government contract, and partially with costs charged directly to agovernment contract.

            (11)  “Form, fit, and function data” means technical data that describes the required overall physical,functional, and performance characteristics (along with the qualification requirements, if applicable) of an item,component, or process to the extent necessary to permit identification of physically and functionally interchangeableitems.

            (12)  “Government purpose” means any activity in which the United States Government is a party, includingcooperative agreements with international or multi-national defense organizations, or sales or transfers by the UnitedStates Government to foreign governments or international organizations.  Government purposes include competitiveprocurement, but do not include the rights to use, modify, reproduce, release, perform, display, or disclose technicaldata for commercial purposes or authorize others to do so.

            (13)  “Government purpose rights” means the rights to—

        (i)  Use, modify, reproduce, release, perform, display, or disclose technical data within the Government withoutrestriction; and

        (ii)  Release or disclose technical data outside the Government and authorize persons to whom release ordisclosure has been made to use, modify, reproduce, release, perform, display, or disclose that data for United Statesgovernment purposes.

            (14)  “Limited rights” means the rights to use, modify, reproduce, release, perform, display, or disclosetechnical data, in whole or in part, within the Government. The Government may not, without the written permissionof the party asserting limited rights, release or disclose the technical data outside the Government, use the technicaldata for manufacture, or authorize the technical data to be used by another party, except that the Government mayreproduce, release, or disclose such data or authorize the use or reproduction of the data by persons outside theGovernment if—

        (i)  The reproduction, release, disclosure, or use is - 

                (A)  Necessary for emergency repair and overhaul; or

                (B)  A release or disclosure to—

                    (1)  A covered Government support contractor in performance of its covered Government supportcontract for use, modification, reproduction, performance, display, or release or disclosure to a person authorized toreceive limited rights technical data; or

                    (2)  A foreign government, of technical data other than detailed manufacturing or process data, when useof such data by the foreign government is in the interest of the Government and is required for evaluational orinformational purposes;

        (ii)  The recipient of the technical data is subject to a prohibition on the further reproduction, release, disclosure,or use of the technical data; and

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        (iii)  The contractor or subcontractor asserting the restriction is notified of such reproduction, release,disclosure, or use.

                (15)  “Technical data” means recorded information, regardless of the form or method of the recording, of ascientific or technical nature (including computer software documentation).  The term does not include computersoftware or data incidental to contract administration, such as financial and/or management information.

                (16)  “Unlimited rights” means rights to use, modify, reproduce, perform, display, release, or disclosetechnical data in whole or in part, in any manner, and for any purpose whatsoever, and to have or authorize others todo so.(b)  Rights in technical data.  The Contractor grants or shall obtain for the Government the following royalty free,world-wide, nonexclusive, irrevocable license rights in technical data other than computer software documentation(see the Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentationclause of this contract for rights in computer software documentation):

                (1)  Unlimited rights.  The Government shall have unlimited rights in technical data that are—

        (i)  Data pertaining to an item, component, or process which has been or will be developed exclusively withGovernment funds;

        (ii)  Studies, analyses, test data, or similar data produced for this contract, when the study, analysis, test, orsimilar work was specified as an element of performance;

        (iii)  Created exclusively with Government funds in the performance of a contract that does not require thedevelopment, manufacture, construction, or production of items, components, or processes;

        (iv)  Form, fit, and function data;

        (v)  Necessary for installation, operation, maintenance, or training purposes (other than detailed manufacturingor process data);

        (vi)  Corrections or changes to technical data furnished to the Contractor by the Government;

        (vii)  Otherwise publicly available or have been released or disclosed by the Contractor or subcontractor withoutrestrictions on further use, release or disclosure, other than a release or disclosure resulting from the sale, transfer, orother assignment of interest in the technical data to another party or the sale or transfer of some or all of a businessentity or its assets to another party;

        (viii)  Data in which the Government has obtained unlimited rights under another Government contract or as aresult of negotiations; or

        (ix)  Data furnished to the Government, under this or any other Government contract or subcontract thereunder,with—

                (A)  Government purpose license rights or limited rights and the restrictive condition(s) has/have expired;or

                (B)  Government purpose rights and the Contractor's exclusive right to use such data for commercialpurposes has expired.

            (2)  Government purpose rights.

        (i)  The Government shall have government purpose rights for a five-year period, or such other period as may

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be negotiated, in technical data—

                (A) That pertain to items, components, or processes developed with mixed funding except when theGovernment is entitled to unlimited rights in such data as provided in paragraphs (b)(1)(ii) and (b)(1)(iv) through(b)(1)(ix) of this clause; or

                (B) Created with mixed funding in the performance of a contract that does not require the development,manufacture, construction, or production of items, components, or processes.

        (ii)  The five-year period, or such other period as may have been negotiated, shall commence upon execution ofthe contract, subcontract, letter contract (or similar contractual instrument), contract modification, or option exercisethat required development of the items, components, or processes or creation of the data described in paragraph(b)(2)(i)(B) of this clause. Upon expiration of the five-year or other negotiated period, the Government shall haveunlimited rights in the technical data.

        (iii)  The Government shall not release or disclose technical data in which it has government purpose rightsunless—

                (A) Prior to release or disclosure, the intended recipient is subject to the non-disclosure agreement at227.7103-7 of the Defense Federal Acquisition Regulation Supplement (DFARS); or

                (B) The recipient is a Government contractor receiving access to the data for performance of a Governmentcontract that contains the clause at DFARS 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.

    (iv) The Contractor has the exclusive right, including the right to license others, to use technical data in which theGovernment has obtained government purpose rights under this contract for any commercial purpose during the timeperiod specified in the government purpose rights legend prescribed in paragraph (f)(2) of this clause.

            (3)  Limited rights.

        (i)  Except as provided in paragraphs (b)(1)(ii) and (b)(1)(iv) through (b)(1)(ix) of this clause, the Governmentshall have limited rights in technical data—

                (A)  Pertaining to items, components, or processes developed exclusively at private expense and markedwith the limited rights legend prescribed in paragraph (f) of this clause; or

                (B)  Created exclusively at private expense in the performance of a contract that does not require thedevelopment, manufacture, construction, or production of items, components, or processes.

       (ii)  The Government shall require a recipient of limited rights data for emergency repair or overhaul to destroythe data and all copies in its possession promptly following completion of the emergency repair/overhaul and tonotify the Contractor that the data have been destroyed.

       (iii)  The Contractor, its subcontractors, and suppliers are not required to provide the Government additionalrights to use, modify, reproduce, release, perform, display, or disclose technical data furnished to the Governmentwith limited rights. However, if the Government desires to obtain additional rights in technical data in which it haslimited rights, the Contractor agrees to promptly enter into negotiations with the Contracting Officer to determinewhether there are acceptable terms for transferring such rights. All technical data in which the Contractor has grantedthe Government additional rights shall be listed or described in a license agreement made part of the contract.  Thelicense shall enumerate the additional rights granted the Government in such data.

        (iv)  The Contractor acknowledges that—

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                (A)  Limited rights data are authorized to be released or disclosed to covered Government supportcontractors;

                (B)  The Contractor will be notified of such release or disclosure;

                (C)  The Contractor (or the party asserting restrictions as identified in the limited rights legend) mayrequire each such covered Government support contractor to enter into a non-disclosure agreement directly with theContractor (or the party asserting restrictions) regarding the covered Government support contractor’s use of suchdata, or alternatively, that the Contractor (or party asserting restrictions) may waive in writing the requirement for anon-disclosure agreement; and

                (D) Any such non-disclosure agreement shall address the restrictions on the covered Government supportcontractor's use of the limited rights data as set forth in the clause at 252.227-7025, Limitations on the Use orDisclosure of Government- Furnished Information Marked with Restrictive Legends. The non-disclosure agreementshall not include any additional terms and conditions unless mutually agreed to by the parties to the non-disclosureagreement.

            (4) Specifically negotiated license rights. The standard license rights granted to the Government underparagraphs (b)(1) through (b)(3) of this clause, including the period during which the Government shall havegovernment purpose rights in technical data, may be modified by mutual agreement to provide such rights as theparties consider appropriate but shall not provide the Government lesser rights than are enumerated in paragraph(a)(14) of this clause. Any rights so negotiated shall be identified in a license agreement made part of this contract.

            (5) Prior government rights. Technical data that will be delivered, furnished, or otherwise provided to theGovernment under this contract, in which the Government has previously obtained rights shall be delivered,furnished, or provided with the pre-existing rights, unless—

        (i) The parties have agreed otherwise; or

        (ii) Any restrictions on the Government's rights to use, modify, reproduce, release, perform, display, or disclosethe data have expired or no longer apply.

            (6) Release from liability. The Contractor agrees to release the Government from liability for any release ordisclosure of technical data made in accordance with paragraph (a)(14) or (b)(2)(iii) of this clause, in accordancewith the terms of a license negotiated under paragraph (b)(4) of this clause, or by others to whom the recipient hasreleased or disclosed the data and to seek relief solely from the party who has improperly used, modified,reproduced, released, performed, displayed, or disclosed Contractor data marked with restrictive legends.

(c) Contractor rights in technical data. All rights not granted to the Government are retained by the Contractor.

(d) Third party copyrighted data. The Contractor shall not, without the written approval of the Contracting Officer,incorporate any copyrighted data in the technical data to be delivered under this contract unless the Contractor is thecopyright owner or has obtained for the Government the license rights necessary to perfect a license or licenses inthe deliverable data of the appropriate scope set forth in paragraph (b) of this clause, and has affixed a statement ofthe license or licenses obtained on behalf of the Government and other persons to the data transmittal document.

(e) Identification and delivery of data to be furnished with restrictions on use, release, or disclosure.

            (1) This paragraph does not apply to restrictions based solely on copyright.

            (2) Except as provided in paragraph (e)(3) of this clause, technical data that the Contractor asserts should befurnished to the Government with restrictions on use, release, or disclosure are identified in an attachment to this

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contract (the Attachment). The Contractor shall not deliver any data with restrictive markings unless the data arelisted on the Attachment.

            (3) In addition to the assertions made in the Attachment, other assertions may be identified after award whenbased on new information or inadvertent omissions unless the inadvertent omissions would have materially affectedthe source selection decision. Such identification and assertion shall be submitted to the Contracting Officer as soonas practicable prior to the scheduled date for delivery of the data, in the following format, and signed by an officialauthorized to contractually obligate the Contractor:

Identification and Assertion of Restrictions on the Government's Use, Release,or Disclosure of Technical Data.

                  The Contractor asserts for itself, or the persons identified below, that the Government's rights to use,release, or disclose the following technical data should be restricted—

Technical Datato be FurnishedWith Restrictions* Basis forAssertion** Asserted RightsCategory*** Name of PersonAsserting   Restrictions****(LIST) (LIST) (LIST) (LIST)                  *If the assertion is applicable to items, components, or processes developed at private expense, identifyboth the data and each such item, component, or process.

                  **Generally, the development of an item, component, or process at private expense, either exclusively orpartially, is the only basis for asserting restrictions on the Government's rights to use, release, or disclose technicaldata pertaining to such items, components, or processes. Indicate whether development was exclusively or partiallyat private expense. If development was not at private expense, enter the specific reason for asserting that theGovernment's rights should be restricted.

                 ***Enter asserted rights category (e.g., government purpose license rights from a prior contract, rights inSBIR data generated under another contract, limited or government purpose rights under this or a prior contract, orspecifically negotiated licenses).

                  ****Corporation, individual, or other person, as appropriate.

Date _________________________________Printed Name and Title _________________________________  _________________________________Signature _________________________________ (End of identification and assertion)

           (4) When requested by the Contracting Officer, the Contractor shall provide sufficient information to enablethe Contracting Officer to evaluate the Contractor's assertions.  The Contracting Officer reserves the right to add theContractor's assertions to the Attachment and validate any listed assertion, at a later date, in accordance with theprocedures of the Validation of Restrictive Markings on Technical Data clause of this contract.

(f) Marking requirements. The Contractor, and its subcontractors or suppliers, may only assert restrictions on the

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Government's rights to use, modify, reproduce, release, perform, display, or disclose technical data to be deliveredunder this contract by marking the deliverable data subject to restriction.  Except as provided in paragraph (f)(5) ofthis clause, only the following legends are authorized under this contract: the government purpose rights legend atparagraph (f)(2) of this clause; the limited rights legend at paragraph (f)(3) of this clause; or the special license rightslegend at paragraph (f)(4) of this clause; and/or a notice of copyright as prescribed under 17 U.S.C. 401 or 402.

            (1) General marking instructions. The Contractor, or its subcontractors or suppliers, shall conspicuously andlegibly mark the appropriate legend on all technical data that qualify for such markings.  The authorized legendsshall be placed on the transmittal document or storage container and, for printed material, each page of the printedmaterial containing technical data for which restrictions are asserted. When only portions of a page of printedmaterial are subject to the asserted restrictions, such portions shall be identified by circling, underscoring, with anote, or other appropriate identifier. Technical data transmitted directly from one computer or computer terminal toanother shall contain a notice of asserted restrictions. Reproductions of technical data or any portions thereof subjectto asserted restrictions shall also reproduce the asserted restrictions.

            (2)  Government purpose rights markings.  Data delivered or otherwise furnished to the Government withgovernment purpose rights shall be marked as follows:

GOVERNMENT PURPOSE RIGHTS

Contract No. ________________________________________Contractor Name ________________________________________Contractor Address _______________________________________________________________________________________________________________Expiration Date ________________________________________

The Government's rights to use, modify, reproduce, release, perform, display, or disclose these technical data arerestricted by paragraph (b)(2) of the Rights in Technical Data—Noncommercial Items clause contained in the aboveidentified contract.  No restrictions apply after the expiration date shown above.  Any reproduction of technical dataor portions thereof marked with this legend must also reproduce the markings.(End of legend)

            (3)  Limited rights markings.  Data delivered or otherwise furnished to the Government with limited rightsshall be marked with the following legend

LIMITED RIGHTS

Contract No. ________________________________________Contractor Name ________________________________________Contractor Address _______________________________________________________________________________________________________________

The Government's rights to use, modify, reproduce, release, perform, display, or disclose these technical data arerestricted by paragraph (b)(3) of the Rights in Technical Data--Noncommercial Items clause contained in the aboveidentified contract.  Any reproduction of technical data or portions thereof marked with this legend must alsoreproduce the markings. Any person, other than the Government, who has been provided access to such data mustpromptly notify the above named Contractor.(End of legend)

            (4)  Special license rights markings.

        (i)  Data in which the Government's rights stem from a specifically negotiated license shall be marked with thefollowing legend:

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SPECIAL LICENSE RIGHTSThe Government's rights to use, modify, reproduce, release, perform, display, or disclose these data are restricted byContract No. _____(Insert contract number)____, License No. ____(Insert license identifier)____.  Any reproductionof technical data or portions thereof marked with this legend must also reproduce the markings.(End of legend)

        (ii)  For purposes of this clause, special licenses do not include government purpose license rights acquiredunder a prior contract (see paragraph (b)(5) of this clause).

            (5)  Pre-existing data markings.  If the terms of a prior contract or license permitted the Contractor to restrictthe Government's rights to use, modify, reproduce, release, perform, display, or disclose technical data deliverableunder this contract, and those restrictions are still applicable, the Contractor may mark such data with the appropriaterestrictive legend for which the data qualified under the prior contract or license.  The marking procedures inparagraph (f)(1) of this clause shall be followed.

(g)  Contractor procedures and records.  Throughout performance of this contract, the Contractor and itssubcontractors or suppliers that will deliver technical data with other than unlimited rights, shall—

    (1) Have, maintain, and follow written procedures sufficient to assure that restrictive markings are used only whenauthorized by the terms of this clause; and

    (2)  Maintain records sufficient to justify the validity of any restrictive markings on technical data delivered underthis contract.

(h) Removal of unjustified and nonconforming markings.

    (1)  Unjustified technical data markings.  The rights and obligations of the parties regarding the validation ofrestrictive markings on technical data furnished or to be furnished under this contract are contained in the Validationof Restrictive Markings on Technical Data clause of this contract.  Notwithstanding any provision of this contractconcerning inspection and acceptance, the Government may ignore or, at the Contractor's expense, correct or strike amarking if, in accordance with the procedures in the Validation of Restrictive Markings on Technical Data clause ofthis contract, a restrictive marking is determined to be unjustified.

    (2)  Nonconforming technical data markings.  A nonconforming marking is a marking placed on technical datadelivered or otherwise furnished to the Government under this contract that is not in the format authorized by thiscontract.  Correction of nonconforming markings is not subject to the Validation of Restrictive Markings onTechnical Data clause of this contract.  If the Contracting Officer notifies the Contractor of a nonconformingmarking and the Contractor fails to remove or correct such marking within sixty (60) days, the Government mayignore or, at the Contractor's expense, remove or correct any nonconforming marking.

(i)  Relation to patents.  Nothing contained in this clause shall imply a license to the Government under any patent orbe construed as affecting the scope of any license or other right otherwise granted to the Government under anypatent.

(j)  Limitation on charges for rights in technical data.

    (1)  The Contractor shall not charge to this contract any cost, including, but not limited to, license fees, royalties,or similar charges, for rights in technical data to be delivered under this contract when—

        (i)  The Government has acquired, by any means, the same or greater rights in the data; or

        (ii)  The data are available to the public without restrictions.

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    (2)  The limitation in paragraph (j)(1) of this clause—

        (i)  Includes costs charged by a subcontractor or supplier, at any tier, or costs incurred by the Contractor toacquire rights in subcontractor or supplier technical data, if the subcontractor or supplier has been paid for suchrights under any other Government contract or under a license conveying the rights to the Government; and

        (ii)  Does not include the reasonable costs of reproducing, handling, or mailing the documents or other media inwhich the technical data will be delivered.

(k)  Applicability to subcontractors or suppliers.

    (1)  The Contractor shall ensure that the rights afforded its subcontractors and suppliers under 10 U.S.C. 2320, 10U.S.C. 2321, and the identification, assertion, and delivery processes of paragraph (e) of this clause are recognizedand protected.

    (2)  Whenever any technical data for noncommercial items, or for commercial items developed in any part atGovernment expense, is to be obtained from a subcontractor or supplier for delivery to the Government under thiscontract, the Contractor shall use this same clause in the subcontract or other contractual instrument, includingsubcontracts or other contractual instruments for commercial items, and require its subcontractors or suppliers to doso, without alteration, except to identify the parties. This clause will govern the technical data pertaining tononcommercial items or to any portion of a commercial item that was developed in any part at Government expense,and the clause at 252.227-7015 will govern the technical data pertaining to any portion of a commercial item thatwas developed exclusively at private expense. No other clause shall be used to enlarge or diminish the Government's,the Contractor's, or a higher-tier subcontractor's or supplier's rights in a subcontractor's or supplier's technical data.

    (3)  Technical data required to be delivered by a subcontractor or supplier shall normally be delivered to the nexthigher-tier contractor, subcontractor, or supplier.  However, when there is a requirement in the prime contract for datawhich may be submitted with other than unlimited rights by a subcontractor or supplier, then said subcontractor orsupplier may fulfill its requirement by submitting such data directly to the Government, rather than through ahigher-tier contractor, subcontractor, or supplier.

    (4)  The Contractor and higher-tier subcontractors or suppliers shall not use their power to award contracts aseconomic leverage to obtain rights in technical data from their subcontractors or suppliers.

    (5)  In no event shall the Contractor use its obligation to recognize and protect subcontractor or supplier rights intechnical data as an excuse for failing to satisfy its contractual obligation to the Government.

I.2.6 252.227-7014 RIGHTS IN COMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIALCOMPUTER SOFTWARE DOCUMENTATION (FEB 2014)

(a)  Definitions.  As used in this clause—

        (1) “Commercial computer software” means software developed or regularly used for non-governmentalpurposes which—

            (i)  Has been sold, leased, or licensed to the public;

            (ii)  Has been offered for sale, lease, or license to the public;

            (iii)  Has not been offered, sold, leased, or licensed to the public but will be available for commercial sale,lease, or license in time to satisfy the delivery requirements of this contract; or

                           (iv)  Satisfies a criterion expressed in paragraph (a)(1)(i), (ii), or (iii) of this clause and would

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require only minor modification to meet the requirements of this contract.

                  (2)  “Computer database” means a collection of recorded data in a form capable of being processed by acomputer.  The term does not include computer software.

                  (3)  “Computer program” means a set of instructions, rules, or routines, recorded in a form that is capableof causing a computer to perform a specific operation or series of operations.

                  (4)  “Computer software” means computer programs, source code, source code listings, object codelistings, design details, algorithms, processes, flow charts, formulae, and related material that would enable thesoftware to be reproduced, recreated, or recompiled.  Computer software does not include computer databases orcomputer software documentation.

                  (5)  “Computer software documentation” means owner's manuals, user's manuals, installationinstructions, operating instructions, and other similar items, regardless of storage medium, that explain thecapabilities of the computer software or provide instructions for using the software.

                  (6)  "Covered Government support contractor" means a contractor under a contract, the primary purposeof which is to furnish independent and impartial advice or technical assistance directly to the Government in supportof the Government’s management and oversight of a program or effort (rather than to directly furnish an end item orservice to accomplish a program or effort), provided that the contractor—

                           (i)  Is not affiliated with the prime contractor or a first-tier subcontractor on the program or effort, orwith any direct competitor of such prime contractor or any such first-tier subcontractor in furnishing end items orservices of the type developed or produced on the program or effort; and

                           (ii)  Receives access to technical data or computer software for performance of a Governmentcontract that contains the clause at 252.227-7025, Limitations on the Use or Disclosure of Government-FurnishedInformation Marked with Restrictive Legends.

                  (7)  “Developed” means that—

                           (i)  A computer program has been successfully operated in a computer and tested to the extentsufficient to demonstrate to reasonable persons skilled in the art that the program can reasonably be expected toperform its intended purpose;

                           (ii)  Computer software, other than computer programs, has been tested or analyzed to the extentsufficient to demonstrate to reasonable persons skilled in the art that the software can reasonably be expected toperform its intended purpose; or

                           (iii)  Computer software documentation required to be delivered under a contract has been written,in any medium, in sufficient detail to comply with requirements under that contract.

                  (8)  “Developed exclusively at private expense” means development was accomplished entirely withcosts charged to indirect cost pools, costs not allocated to a government contract, or any combination thereof.

                           (i)  Private expense determinations should be made at the lowest practicable level.

                           (ii)  Under fixed-price contracts, when total costs are greater than the firm-fixed-price or ceilingprice of the contract, the additional development costs necessary to complete development shall not be consideredwhen determining whether development was at government, private, or mixed expense.

                  (9)  “Developed exclusively with government funds” means development was not accomplished

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exclusively or partially at private expense.

                  (10)  “Developed with mixed funding” means development was accomplished partially with costscharged to indirect cost pools and/or costs not allocated to a government contract, and partially with costs chargeddirectly to a government contract.

                  (11)  “Government purpose” means any activity in which the United States Government is a party,including cooperative agreements with international or multi-national defense organizations or sales or transfers bythe United States Government to foreign governments or international organizations.  Government purposes includecompetitive procurement, but do not include the rights to use, modify, reproduce, release, perform, display, ordisclose computer software or computer software documentation for commercial purposes or authorize others to doso.

                  (12)  “Government purpose rights” means the rights to—

                (i) Use, modify, reproduce, release, perform, display, or disclose computer software or computer softwaredocumentation within the Government without restriction; and

                (ii) Release or disclose computer software or computer software documentation outside the Governmentand authorize persons to whom release or disclosure has been made to use, modify, reproduce, release, perform,display, or disclose the software or documentation for United States government purposes.

            (13) “Minor modification” means a modification that does not significantly alter the nongovernmentalfunction or purpose of the software or is of the type customarily provided in the commercial marketplace.

            (14) “Noncommercial computer software” means software that does not qualify as commercial computersoftware under paragraph (a)(1) of this clause.

            (15) “Restricted rights” apply only to noncommercial computer software and mean the Government's rightst o —

                (i) Use a computer program with one computer at one time.  The program may not be accessed by morethan one terminal or central processing unit or time shared unless otherwise permitted by this contract;

                (ii) Transfer a computer program to another Government agency without the further permission of theContractor if the transferor destroys all copies of the program and related computer software documentation in itspossession and notifies the licensor of the transfer.  Transferred programs remain subject to the provisions of thisclause;

                (iii) Make the minimum number of copies of the computer software required for safekeeping (archive),backup, or modification purposes;

                (iv) Modify computer software provided that the Government may—

                     (A)  Use the modified software only as provided in paragraphs (a)(15)(i) and (iii) of this clause; and

                     (B)  Not release or disclose the modified software except as provided in paragraphs (a)(15)(ii), (v), (vi)and (vii) of this clause;

                (v)  Permit contractors or subcontractors performing service contracts (see 37.101 of the FederalAcquisition Regulation) in support of this or a related contract to use computer software to diagnose and correctdeficiencies in a computer program, to modify computer software to enable a computer program to be combinedwith, adapted to, or merged with other computer programs or when necessary to respond to urgent tactical situations,

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provided that—

                     (A)  The Government notifies the party which has granted restricted rights that a release or disclosure toparticular contractors or subcontractors was made;

                     (B)  Such contractors or subcontractors are subject to the use and non-disclosure agreement at227.7103-7 of the Defense Federal Acquisition Regulation Supplement (DFARS) or are Government contractorsreceiving access to the software for performance of a Government contract that contains the clause at DFARS252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with RestrictiveLegends;

                     (C)  The Government shall not permit the recipient to decompile, disassemble, or reverse engineer thesoftware, or use software decompiled, disassembled, or reverse engineered by the Government pursuant to paragraph(a)(15)(iv) of this clause, for any other purpose; and

                     (D)  Such use is subject to the limitations in paragraphs (a)(15)(i) through (iii) of this clause;

                 (vi)  Permit contractors or subcontractors performing emergency repairs or overhaul of items orcomponents of items procured under this or a related contract to use the computer software when necessary toperform the repairs or overhaul, or to modify the computer software to reflect the repairs or overhaul made, providedthat—

                     (A)  The intended recipient is subject to the use and non-disclosure agreement at DFARS 227.7103-7 oris a Government contractor receiving access to the software for performance of a Government contract that containsthe clause at DFARS 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished InformationMarked with Restrictive Legends;

                     (B)  The Government shall not permit the recipient to decompile, disassemble, or reverse engineer thesoftware, or use software decompiled, disassembled, or reverse engineered by the Government pursuant to paragraph(a)(15)(iv) of this clause, for any other purpose; and

                     (C)  Such use is subject to the limitations in paragraphs (a)(15)(i) through (iii) of this clause; and

                 (vii)  Permit covered Government support contractors in the performance of covered Government supportcontracts that contain the clause at 252.227-7025, Limitations on the Use or Disclosure of Government-FurnishedInformation Marked with Restrictive Legends, to use, modify, reproduce, perform, display, or release or disclose thecomputer software to a person authorized to receive restricted rights computer software, provided that—

                     (A) The Government shall not permit the covered Government support contractor to decompile,disassemble, or reverse engineer the software, or use software decompiled, disassembled, or reverse engineered bythe Government pursuant to paragraph (a)(15)(iv) of this clause, for any other purpose; and

                     (B)  Such use is subject to the limitations in paragraphs (a)(15)(i) through (iv) of this clause.

                  (16)  “Unlimited rights” means rights to use, modify, reproduce, release, perform, display, or disclosecomputer software or computer software documentation in whole or in part, in any manner and for any purposewhatsoever, and to have or authorize others to do so.

        (b)  Rights in computer software or computer software documentation.  The Contractor grants or shall obtain forthe Government the following royalty free, world-wide, nonexclusive, irrevocable license rights in noncommercialcomputer software or computer software documentation.  All rights not granted to the Government are retained bythe Contractor.

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                  (1)  Unlimited rights.  The Government shall have unlimited rights in—

                           (i)  Computer software developed exclusively with Government funds;

                           (ii)  Computer software documentation required to be delivered under this contract;

                           (iii)  Corrections or changes to computer software or computer software documentation furnished tothe Contractor by the Government;

                           (iv)  Computer software or computer software documentation that is otherwise publicly available orhas been released or disclosed by the Contractor or subcontractor without restriction on further use, release ordisclosure, other than a release or disclosure resulting from the sale, transfer, or other assignment of interest in thesoftware to another party or the sale or transfer of some or all of a business entity or its assets to another party;

                           (v)  Computer software or computer software documentation obtained with unlimited rights underanother Government contract or as a result of negotiations; or

                           (vi)  Computer software or computer software documentation furnished to the Government, underthis or any other Government contract or subcontract thereunder with—

                                     (A)  Restricted rights in computer software, limited rights in technical data, or governmentpurpose license rights and the restrictive conditions have expired; or

                                     (B)  Government purpose rights and the Contractor's exclusive right to use such software ordocumentation for commercial purposes has expired.

                  (2)  Government purpose rights.

                           (i)  Except as provided in paragraph (b)(1) of this clause, the Government shall have governmentpurpose rights in computer software developed with mixed funding.

                           (ii)  Government purpose rights shall remain in effect for a period of five years unless a differentperiod has been negotiated.  Upon expiration of the five-year or other negotiated period, the Government shall haveunlimited rights in the computer software or computer software documentation.  The government purpose rightsperiod shall commence upon execution of the contract, subcontract, letter contract (or similar contractualinstrument), contract modification, or option exercise that required development of the computer software.

                           (iii)  The Government shall not release or disclose computer software in which it has governmentpurpose rights to any other person unless—

                                     (A)  Prior to release or disclosure, the intended recipient is subject to the use andnon-disclosure agreement at DFARS 227.7103-7; or

                                     (B)  The recipient is a Government contractor receiving access to the software ordocumentation for performance of a Government contract that contains the clause at DFARS 252.227-7025,Limitations on the Use or Disclosure of Government Furnished Information Marked with Restrictive Legends.

                  (3)  Restricted rights.

                           (i)  The Government shall have restricted rights in noncommercial computer software required to bedelivered or otherwise provided to the Government under this contract that were developed exclusively at privateexpense.

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                           (ii)  The Contractor, its subcontractors, or suppliers are not required to provide the Governmentadditional rights in noncommercial computer software delivered or otherwise provided to the Government withrestricted rights.  However, if the Government desires to obtain additional rights in such software, the Contractoragrees to promptly enter into negotiations with the Contracting Officer to determine whether there are acceptableterms for transferring such rights.  All noncommercial computer software in which the Contractor has granted theGovernment additional rights shall be listed or described in a license agreement made part of the contract (seeparagraph (b)(4) of this clause).  The license shall enumerate the additional rights granted the Government.

                           (iii)  The Contractor acknowledges that—

                                     (A)  Restricted rights computer software is authorized to be released or disclosed to coveredGovernment support contractors;

                                     (B)  The Contractor will be notified of such release or disclosure;

                                      (C)  The Contractor (or the party asserting restrictions, as identified in the restricted rightslegend) may require each such covered Government support contractor to enter into a non-disclosure agreementdirectly with the Contractor (or the party asserting restrictions) regarding the covered Government supportcontractor’s use of such software, or alternatively, that the Contractor (or party asserting restrictions) may waive inwriting the requirement for a non-disclosure agreement; and

                                    (D)  Any such non-disclosure agreement shall address the restrictions on the coveredGovernment support contractor's use of the restricted rights software as set forth in the clause at 252.227-7025,Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.  Thenon-disclosure agreement shall not include any additional terms and conditions unless mutually agreed to by theparties to the non-disclosure agreement.

                  (4)  Specifically negotiated license rights.

                           (i)  The standard license rights granted to the Government under paragraphs (b)(1) through (b)(3) ofthis clause, including the period during which the Government shall have government purpose rights in computersoftware, may be modified by mutual agreement to provide such rights as the parties consider appropriate but shallnot provide the Government lesser rights in computer software than are enumerated in paragraph (a)(15) of thisclause or lesser rights in computer software documentation than are enumerated in paragraph (a)(14) of the Rights inTechnical Data--Noncommercial Items clause of this contract.

                           (ii)  Any rights so negotiated shall be identified in a license agreement made part of this contract.

                  (5)  Prior government rights.  Computer software or computer software documentation that will bedelivered, furnished, or otherwise provided to the Government under this contract, in which the Government haspreviously obtained rights shall be delivered, furnished, or provided with the pre-existing rights, unless—

                           (i)  The parties have agreed otherwise; or

                           (ii)  Any restrictions on the Government's rights to use, modify, reproduce, release, perform, display,or disclose the data have expired or no longer apply.

                  (6)  Release from liability.  The Contractor agrees to release the Government from liability for any releaseor disclosure of computer software made in accordance with paragraph (a)(15) or (b)(2)(iii) of this clause, inaccordance with the terms of a license negotiated under paragraph (b)(4) of this clause, or by others to whom therecipient has released or disclosed the software, and to seek relief solely from the party who has improperly used,modified, reproduced, released, performed, displayed, or disclosed Contractor software marked with restrictive

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legends.

        (c)  Rights in derivative computer software or computer software documentation.  The Government shall retainits rights in the unchanged portions of any computer software or computer software documentation delivered underthis contract that the Contractor uses to prepare, or includes in, derivative computer software or computer softwaredocumentation.

        (d)  Third party copyrighted computer software or computer software documentation.  The Contractor shall not,without the written approval of the Contracting Officer, incorporate any copyrighted computer software or computersoftware documentation in the software or documentation to be delivered under this contract unless the Contractor isthe copyright owner or has obtained for the Government the license rights necessary to perfect a license or licensesin the deliverable software or documentation of the appropriate scope set forth in paragraph (b) of this clause, andprior to delivery of such—

                  (1)  Computer software, has provided a statement of the license rights obtained in a form acceptable to theContracting Officer; or

                  (2)  Computer software documentation, has affixed to the transmittal document a statement of the licenserights obtained.

        (e)  Identification and delivery of computer software and computer software documentation to be furnished withrestrictions on use, release, or disclosure.

                  (1)  This paragraph does not apply to restrictions based solely on copyright.

                  (2)  Except as provided in paragraph (e)(3) of this clause, computer software that the Contractor assertsshould be furnished to the Government with restrictions on use, release, or disclosure is identified in an attachment tothis contract (the Attachment).  The Contractor shall not deliver any software with restrictive markings unless thesoftware is listed on the Attachment.

                  (3)  In addition to the assertions made in the Attachment, other assertions may be identified after awardwhen based on new information or inadvertent omissions unless the inadvertent omissions would have materiallyaffected the source selection decision.  Such identification and assertion shall be submitted to the Contracting Officeras soon as practicable prior to the scheduled date for delivery of the software, in the following format, and signed byan official authorized to contractually obligate the Contractor:

Identification and Assertion of Restrictions on the Government's Use, Release, or Disclosure of Computer Software.

              The Contractor asserts for itself, or the persons identified below, that the Government's rights to use, release,or disclose the following computer software should be restricted:

Computer Softwareto be FurnishedWith Restrictions* Basis forAssertion** Asserted RightsCategory*** Name of PersonAsserting   Restrictions****(LIST) (LIST) (LIST) (LIST)

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                           *Generally, development at private expense, either exclusively or partially, is the only basis forasserting restrictions on the Government's rights to use, release, or disclose computer software.

                           **Indicate whether development was exclusively or partially at private expense.  If developmentwas not at private expense, enter the specific reason for asserting that the Government's rights should be restricted.

                           ***Enter asserted rights category (e.g., restricted or government purpose rights in computersoftware, government purpose license rights from a prior contract, rights in SBIR software generated under anothercontract, or specifically negotiated licenses).

                           ****Corporation, individual, or other person, as appropriate.

Date _________________________________Printed Name and Title _________________________________  _________________________________Signature _________________________________

                  (4)  When requested by the Contracting Officer, the Contractor shall provide sufficient information toenable the Contracting Officer to evaluate the Contractor's assertions.  The Contracting Officer reserves the right toadd the Contractor's assertions to the Attachment and validate any listed assertion, at a later date, in accordance withthe procedures of the Validation of Asserted Restrictions—Computer Software clause of this contract.

        (f)  Marking requirements.  The Contractor, and its subcontractors or suppliers, may only assert restrictions onthe Government's rights to use, modify, reproduce, release, perform, display, or disclose computer software bymarking the deliverable software or documentation subject to restriction.  Except as provided in paragraph (f)(5) ofthis clause, only the following legends are authorized under this contract: the government purpose rights legend atparagraph (f)(2) of this clause; the restricted rights legend at paragraph (f)(3) of this clause; or the special licenserights legend at paragraph (f)(4) of this clause; and/or a notice of copyright as prescribed under 17 U.S.C. 401 or402.

                  (1)  General marking instructions.  The Contractor, or its subcontractors or suppliers, shall conspicuouslyand legibly mark the appropriate legend on all computer software that qualify for such markings.  The authorizedlegends shall be placed on the transmittal document or software storage container and each page, or portions thereof,of printed material containing computer software for which restrictions are asserted.  Computer software transmitteddirectly from one computer or computer terminal to another shall contain a notice of asserted restrictions.  However,instructions that interfere with or delay the operation of computer software in order to display a restrictive rightslegend or other license statement at any time prior to or during use of the computer software, or otherwise cause suchinterference or delay, shall not be inserted in software that will or might be used in combat or situations that simulatecombat conditions, unless the Contracting Officer's written permission to deliver such software has been obtainedprior to delivery.  Reproductions of computer software or any portions thereof subject to asserted restrictions, shallalso reproduce the asserted restrictions.

                  (2)  Government purpose rights markings.  Computer software delivered or otherwise furnished to theGovernment with government purpose rights shall be marked as follows: Contract No. ________________________________________Contractor Name ________________________________________Contractor Address _______________________________________________________________________________________________________________Expiration Date ________________________________________      

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The Government's rights to use, modify, reproduce, release, perform, display, or disclose this software are restrictedby paragraph (b)(2) of the Rights in Noncommercial Computer Software and Noncommercial Computer SoftwareDocumentation clause contained in the above identified contract.  No restrictions apply after the expiration dateshown above.  Any reproduction of the software or portions thereof marked with this legend must also reproduce themarkings.

(End of legend)

                  (3)  Restricted rights markings.  Software delivered or otherwise furnished to the Government withrestricted rights shall be marked with the following legend:

RESTRICTED RIGHTS

Contract No. ________________________________________Contractor Name ________________________________________Contractor Address _______________________________________________________________________________________________________________ The Government's rights to use, modify, reproduce, release, perform, display, or disclose this software are restrictedby paragraph (b)(3) of the Rights in Noncommercial Computer Software and Noncommercial Computer SoftwareDocumentation clause contained in the above identified contract.  Any reproduction of computer software or portionsthereof marked with this legend must also reproduce the markings.  Any person, other than the Government, who hasbeen provided access to such software must promptly notify the above named Contractor.

(End of legend)

                  (4)  Special license rights markings.

                           (i)  Computer software or computer software documentation in which the Government's rights stemfrom a specifically negotiated license shall be marked with the following legend:

SPECIAL LICENSE RIGHTS

The Government's rights to use, modify, reproduce, release, perform, display, or disclose these data are restricted byContract No. _____(Insert contract number)____, License No. ____(Insert license identifier)____.  Any reproductionof technical data or portions thereof marked with this legend must also reproduce the markings.

(End of legend)

                           (ii)  For purposes of this clause, special licenses do not include government purpose license rightsacquired under a prior contract (see paragraph (b)(5) of this clause).

                  (5)  Pre-existing markings.  If the terms of a prior contract or license permitted the Contractor to restrictthe Government's rights to use, modify, release, perform, display, or disclose computer software or computersoftware documentation and those restrictions are still applicable, the Contractor may mark such software ordocumentation with the appropriate restrictive legend for which the software qualified under the prior contract orlicense.  The marking procedures in paragraph (f)(1) of this clause shall be followed.

        (g)  Contractor procedures and records.  Throughout performance of this contract, the Contractor and itssubcontractors or suppliers that will deliver computer software or computer software documentation with other thanunlimited rights, shall—

                  (1)  Have, maintain, and follow written procedures sufficient to assure that restrictive markings are used

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only when authorized by the terms of this clause; and

                  (2)  Maintain records sufficient to justify the validity of any restrictive markings on computer software orcomputer software documentation delivered under this contract.

        (h)  Removal of unjustified and nonconforming markings.

                  (1)  Unjustified computer software or computer software documentation markings.  The rights andobligations of the parties regarding the validation of restrictive markings on computer software or computer softwaredocumentation furnished or to be furnished under this contract are contained in the Validation of AssertedRestrictions--Computer Software and the Validation of Restrictive Markings on Technical Data clauses of thiscontract, respectively.  Notwithstanding any provision of this contract concerning inspection and acceptance, theGovernment may ignore or, at the Contractor's expense, correct or strike a marking if, in accordance with theprocedures of those clauses, a restrictive marking is determined to be unjustified.

                  (2)  Nonconforming computer software or computer software documentation markings.  Anonconforming marking is a marking placed on computer software or computer software documentation delivered orotherwise furnished to the Government under this contract that is not in the format authorized by this contract. Correction of nonconforming markings is not subject to the Validation of Asserted Restrictions--Computer Softwareor the Validation of Restrictive Markings on Technical Data clause of this contract.  If the Contracting Officernotifies the Contractor of a nonconforming marking or markings and the Contractor fails to remove or correct suchmarkings within sixty (60) days, the Government may ignore or, at the Contractor's expense, remove or correct anynonconforming markings.

        (i)  Relation to patents.  Nothing contained in this clause shall imply a license to the Government under anypatent or be construed as affecting the scope of any license or other right otherwise granted to the Government underany patent.

        (j)  Limitation on charges for rights in computer software or computer software documentation.

                  (1)  The Contractor shall not charge to this contract any cost, including but not limited to license fees,royalties, or similar charges, for rights in computer software or computer software documentation to be deliveredunder this contract when—

                           (i)  The Government has acquired, by any means, the same or greater rights in the software ordocumentation; or

                           (ii)  The software or documentation are available to the public without restrictions.

                  (2)  The limitation in paragraph (j)(1) of this clause—

                           (i)  Includes costs charged by a subcontractor or supplier, at any tier, or costs incurred by theContractor to acquire rights in subcontractor or supplier computer software or computer software documentation, ifthe subcontractor or supplier has been paid for such rights under any other Government contract or under a licenseconveying the rights to the Government; and

                            (ii)  Does not include the reasonable costs of reproducing, handling, or mailing the documents orother media in which the software or documentation will be delivered.

        (k)  Applicability to subcontractors or suppliers.

                  (1)  Whenever any noncommercial computer software or computer software documentation is to beobtained from a subcontractor or supplier for delivery to the Government under this contract, the Contractor shall use

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this same clause in its subcontracts or other contractual instruments, and require its subcontractors or suppliers to doso, without alteration, except to identify the parties.  No other clause shall be used to enlarge or diminish theGovernment's, the Contractor's, or a higher tier subcontractor's or supplier's rights in a subcontractor's or supplier'scomputer software or computer software documentation.

                   (2)  The Contractor and higher tier subcontractors or suppliers shall not use their power to awardcontracts as economic leverage to obtain rights in computer software or computer software documentation from theirsubcontractors or suppliers.

                  (3)  The Contractor shall ensure that subcontractor or supplier rights are recognized and protected in theidentification, assertion, and delivery processes required by paragraph (e) of this clause.

                  (4)  In no event shall the Contractor use its obligation to recognize and protect subcontractor or supplierrights in computer software or computer software documentation as an excuse for failing to satisfy its contractualobligation to the Government.

I.2.7 252-227-7016 RIGHTS IN BID OR PROPOSAL INFORMATION (JAN 2011)

(a) Definitions.

(1) For contracts that require the delivery of technical data, the terms “technical data” and “computer software” aredefined in the Rights in Technical Data--Noncommercial Item clause of this contract or, if this is a contract awardedunder the Small Business Innovation Research Program, the Rights in Noncommercial Technical Data and ComputerSoftware--Small Business Innovation Research (SBIR) Program clause of this contract.

(2) For contracts that do not require the delivery of technical data, the term “computer software” is defined in theRights in Noncommercial Computer and Noncommercial Computer Software Documentation clause of this contractor, if this is a contract awarded under the Small Business Innovation Research Program, the Rights inNoncommercial Technical Data and Computer Software--Small Business Innovation Research (SBIR) Programclause of this contract.

(b) Government rights prior to contract award. By submission of its offer, the Offeror agrees that the Government—

(1) May reproduce the bid or proposal, or any portions thereof, to the extent necessary to evaluate the offer.

(2) Except as provided in paragraph (d) of this clause, shall use information contained in the bid or proposal only forevaluational purposes and shall not disclose, directly or indirectly, such information to any person including potentialevaluators, unless that person has been authorized by the head of the agency, his or her designee, or the ContractingOfficer to receive such information.

(c) Government rights subsequent to contract award. The Contractor agrees—

(1) Except as provided in paragraphs (c)(2), (d), and (e) of this clause, the Government shall have the rights to use,modify, reproduce, release, perform, display, or disclose information contained in the Contractor's bid or proposalwithin the Government. The Government shall not release, perform, display, or disclose such information outside theGovernment without the Contractor's written permission.

(2) The Government’s right to use, modify, reproduce, release, perform, display, or disclose information that istechnical data or computer software required to be delivered under this contract are determined by the Rights inTechnical Data--Noncommercial Items, Rights in Noncommercial Computer Software and NoncommercialComputer Software Documentation, or Rights in Noncommercial Technical Data and Computer Software--SmallBusiness Innovation Research (SBIR) Program clause(s) of this contract.

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(d) Government-furnished information. The Government's rights with respect to technical data or computer softwarecontained in the Contractor's bid or proposal that were provided to the Contractor by the Government are subjectonly to restrictions on use, modification, reproduction, release, performance, display, or disclosure, if any, imposedby the developer or licensor of such data or software.

(e) Information available without restrictions. The Government's rights to use, modify, reproduce, release, perform,display, or, disclose information contained in a bid or proposal, including technical data or computer software, and topermit others to do so, shall not be restricted in any manner if such information has been released or disclosed to theGovernment or to other persons without restrictions other than a release or disclosure resulting from the sale,transfer, or other assignment of interest in the information to another party or the sale or transfer of some or all of abusiness entity or its assets to another party.

(f) Flow down. The Contractor shall include this clause in all subcontracts or similar contractual instruments andrequire its subcontractors or suppliers to do so without alteration, except to identify the parties.

I.2.8 252.227-7019 VALIDATION OF ASSERTED RESTRICTIONS—COMPUTER SOFTWARE (SEP 2011)

(a) Definitions.

(1) As used in this clause, unless otherwise specifically indicated, the term “Contractor” means the Contractor and its subcontractors orsuppliers.

(2) Other terms used in this clause are defined in the Rights in Noncommercial Computer Software and Noncommercial ComputerSoftware Documentation clause of this contract.

(b) Justification. The Contractor shall maintain records sufficient to justify the validity of any markings that assert restrictions on theGovernment's rights to use, modify, reproduce, perform, display, release, or disclose computer software delivered or required to bedelivered under this contract and shall be prepared to furnish to the Contracting Officer a written justification for such restrictive markingsin response to a request for information under paragraph (d) or a challenge under paragraph (f) of this clause.

(c) Direct contact with subcontractors or suppliers. The Contractor agrees that the Contracting Officer may transact matters under thisclause directly with subcontractors or suppliers at any tier who assert restrictions on the Government's right to use, modify, reproduce,release, perform, display, or disclose computer software. Neither this clause, nor any action taken by the Government under this clause,creates or implies privity of contract between the Government and the Contractor's subcontractors or suppliers.

(d) Requests for information.

(1) The Contracting Officer may request the Contractor to provide sufficient information to enable the Contracting Officer to evaluate theContractor's asserted restrictions. Such information shall be based upon the records required by this clause or other information reasonablyavailable to the Contractor.

(2) Based upon the information provided, if the—

(i) Contractor agrees that an asserted restriction is not valid, the Contracting Officer may—

(A) Strike or correct the unjustified marking at the Contractor's expense; or

(B) Return the computer software to the Contractor for correction at the Contractor's expense. If the Contractor fails to correct or strikethe unjustified restriction and return the corrected software to the Contracting Officer within sixty (60) days following receipt of thesoftware, the Contracting Officer may correct or strike the markings at that Contractor's expense.

(ii) Contracting Officer concludes that the asserted restriction is appropriate for this contract, the Contracting Officer shall so notify theContractor in writing.

(3) The Contractor's failure to provide a timely response to a Contracting Officer's request for information or failure to provide sufficientinformation to enable the Contracting Officer to evaluate an asserted restriction shall constitute reasonable grounds for questioning thevalidity of an asserted restriction.

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(e) Government right to challenge and validate asserted restrictions.

(1) The Government, when there are reasonable grounds to do so, has the right to review and challenge the validity of any restrictionsasserted by the Contractor on the Government's rights to use, modify, reproduce, release, perform, display, or disclose computer softwaredelivered, to be delivered under this contract, or otherwise provided to the Government in the performance of this contract. Except forsoftware that is publicly available, has been furnished to the Government without restrictions, or has been otherwise made availablewithout restrictions, the Government may exercise this right only within three years after the date(s) the software is delivered or otherwisefurnished to the Government, or three years following final payment under this contract, whichever is later.

(2) The absence of a challenge to an asserted restriction shall not constitute validation under this clause. Only a Contracting Officer's finaldecision or actions of an agency Board of Contract Appeals or a court of competent jurisdiction that sustain the validity of an assertedrestriction constitute validation of the restriction.

(f) Major systems. When the Contracting Officer challenges an asserted restriction regarding noncommercial computer software for amajor system or a subsystem or component thereof on the basis that the computer software was not developed exclusively at privateexpense, the Contracting Officer will sustain the challenge unless information provided by the Contractor or subcontractor demonstratesthat the computer software was developed exclusively at private expense.

(g) Challenge procedures.

(1) A challenge must be in writing and shall—

(i) State the specific grounds for challenging the asserted restriction;

(ii) Require the Contractor to respond within sixty (60) days;

(iii) Require the Contractor to provide justification for the assertion based upon records kept in accordance with paragraph (b) of thisclause and such other documentation that are reasonably available to the Contractor, in sufficient detail to enable the Contracting Officerto determine the validity of the asserted restrictions; and

(iv) State that a Contracting Officer's final decision, during the three-year period preceding this challenge, or action of a court ofcompetent jurisdiction or Board of Contract Appeals that sustained the validity of an identical assertion made by the Contractor (or alicensee) shall serve as justification for the asserted restriction.

(2) The Contracting Officer shall extend the time for response if the Contractor submits a written request showing the need for additionaltime to prepare a response.

(3) The Contracting Officer may request additional supporting documentation if, in the Contracting Officer’s opinion, the Contractor'sexplanation does not provide sufficient evidence to justify the validity of the asserted restrictions. The Contractor agrees to promptlyrespond to the Contracting Officer's request for additional supporting documentation.

(4) Notwithstanding challenge by the Contracting Officer, the parties may agree on the disposition of an asserted restriction at any timeprior to a Contracting Officer's final decision or, if the Contractor has appealed that decision, filed suit, or provided notice of an intent tofile suit, at any time prior to a decision by a court of competent jurisdiction or Board of Contract Appeals.

(5) If the Contractor fails to respond to the Contracting Officer's request for information or additional information under paragraph (g)(1)of this clause, the Contracting Officer shall issue a final decision, in accordance with paragraph (f) of this clause and the Disputes clauseof this contract, pertaining to the validity of the asserted restriction.

(6) If the Contracting Officer, after reviewing the written explanation furnished pursuant to paragraph (f)(1) of this clause, or any otheravailable information pertaining to the validity of an asserted restriction, determines that the asserted restriction has—

(i) Not been justified, the Contracting Officer shall issue promptly a final decision, in accordance with the Disputes clause of this contract,denying the validity of the asserted restriction; or

(ii) Been justified, the Contracting Officer shall issue promptly a final decision, in accordance with the Disputes clause of this contract,validating the asserted restriction.

(7) A Contractor receiving challenges to the same asserted restriction(s) from more than one Contracting Officer shall notify each

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Contracting Officer of the other challenges. The notice shall also state which Contracting Officer initiated the first in time unansweredchallenge. The Contracting Officer who initiated the first in time unanswered challenge, after consultation with the other ContractingOfficers who have challenged the restrictions and the Contractor, shall formulate and distribute a schedule that provides the Contractor areasonable opportunity for responding to each challenge.

(h) Contractor appeal? Government obligation.

(1) The Government agrees that, notwithstanding a Contracting Officer's final decision denying the validity of an asserted restriction andexcept as provided in paragraph (h)(3) of this clause, it will honor the asserted restriction—

(i) For a period of ninety (90) days from the date of the Contracting Officer's final decision to allow the Contractor to appeal to theappropriate Board of Contract Appeals or to file suit in an appropriate court;

(ii) For a period of one year from the date of the Contracting Officer's final decision if, within the first ninety (90) days following theContracting Officer's final decision, the Contractor has provided notice of an intent to file suit in an appropriate court; or

(iii) Until final disposition by the appropriate Board of Contract Appeals or court of competent jurisdiction, if the Contractor has:

(A) appealed to the Board of Contract Appeals or filed suit an appropriate court within ninety (90) days; or

(B) submitted, within ninety (90) days, a notice of intent to file suit in an appropriate court and filed suit within one year.

(2) The Contractor agrees that the Government may strike, correct, or ignore the restrictive markings if the Contractor fails to—

(i) Appeal to a Board of Contract Appeals within ninety (90) days from the date of the Contracting Officer's final decision;

(ii) File suit in an appropriate court within ninety (90) days from such date; or

(iii) File suit within one year after the date of the Contracting Officer's final decision if the Contractor had provided notice of intent to filesuit within ninety (90) days following the date of the Contracting Officer's final decision.

(3) The agency head, on a nondelegable basis, may determine that urgent or compelling circumstances do not permit awaiting the filing ofsuit in an appropriate court, or the rendering of a decision by a court of competent jurisdiction or Board of Contract Appeals. In thatevent, the agency head shall notify the Contractor of the urgent or compelling circumstances. Notwithstanding paragraph (h)(1) of thisclause, the Contractor agrees that the agency may use, modify, reproduce, release, perform, display, or disclose computer software markedwith

(i) government purpose legends for any purpose, and authorize others to do so; or

(ii) restricted or special license rights for government purposes only. The Government agrees not to release or disclose such softwareunless, prior to release or disclosure, the intended recipient is subject to the use and non-disclosure agreement at 227.7103-7 of theDefense Federal Acquisition Regulation Supplement (DFARS), or is a Government contractor receiving access to the software forperformance of a Government contract that contains the clause at DFARS 252.227-7025, Limitations on the Use or Disclosure ofGovernment-Furnished Information Marked with Restrictive Legends. The agency head's determination may be made at any time after thedate of the Contracting Officer's final decision and shall not affect the Contractor's right to damages against the United States, or otherrelief provided by law, if its asserted restrictions are ultimately upheld.

(i) Final disposition of appeal or suit. If the Contractor appeals or files suit and if, upon final disposition of the appeal or suit, theContracting Officer's decision is:

(1) Sustained—

(i) Any restrictive marking on such computer software shall be struck or corrected at the Contractor's expense or ignored; and

(ii) If the asserted restriction is found not to be substantially justified, the Contractor shall be liable to the Government for payment of thecost to the Government of reviewing the asserted restriction and the fees and other expenses (as defined in 28 U.S.C. 2412(d)(2)(A))incurred by the Government in challenging the restriction, unless special circumstances would make such payment unjust.

(2) Not sustained—

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(i) The Government shall be bound by the asserted restriction; and

(ii) If the challenge by the Government is found not to have been made in good faith, the Government shall be liable to the Contractor forpayment of fees and other expenses (as defined in 28 U.S.C. 2412(d)(2)(A)) incurred by the Contractor in defending the restriction.

(j) Flowdown. The Contractor shall insert this clause in all contracts, purchase orders, and other similar instruments with itssubcontractors or suppliers, at any tier, who will be furnishing computer software to the Government in the performance of this contract.The clause may not be altered other than to identify the appropriate parties.

I.2.9 252.227-7027 DEFERRED ORDERING OF TECHNICAL DATA OR COMPUTER SOFTWARE (APR 1988)

In addition to technical data or computer software specified elsewhere in this contract to be delivered hereunder, the Government may, atany time during the performance of this contract or within a period of three (3) years after acceptance of all items (other than technicaldata or computer software) to be delivered under this contract or the termination of this contract, order any technical data or computersoftware generated in the performance of this contract or any subcontract hereunder. When the technical data or computer software isordered, the Contractor shall be compensated for converting the data or computer software into the prescribed form, for reproduction anddelivery. The obligation to deliver the technical data of a subcontractor and pertaining to an item obtained from him shall expire three (3)years after the date the Contractor accepts the last delivery of that item from that subcontractor under this contract. The Government'srights to use said data or computer software shall be pursuant to the “Rights in Technical Data and Computer Software” clause of thiscontract.

I.2.10 252.227-7030 TECHNICAL DATA — WITHHOLDING OF PAYMENT (MAR 2000)

(a) If technical data specified to be delivered under this contract, is not delivered within the time specified by thiscontract or is deficient upon delivery (including having restrictive markings not identified in the list described in theclause at 252.227-7013(e)(2) or 252.227-7018(e)(2) of this contract), the Contracting Officer may until such data isaccepted by the Government, withhold payment to the Contractor of ten percent (10%) of the total contract price oramount unless a lesser withholding is specified in the contract. Payments shall not be withheld nor any other actiontaken pursuant to this paragraph when the Contractor's failure to make timely delivery or to deliver such data withoutdeficiencies arises out of causes beyond the control and without the fault or negligence of the Contractor.

(b) The withholding of any amount or subsequent payment to the Contractor shall not be construed as a waiver ofany rights accruing to the Government under this contract.

I.2.11 252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (JUN 2012)

(a) Definitions. The terms used in this clause are defined in the Rights in Technical Data—Noncommercial Itemsclause of this contract.

(b) Presumption regarding development exclusively at private expense.

(1) Commercial items. For commercially available off-the-shelf items (defined at 41 U.S.C. 104) in all cases, and forall other commercial items except as provided in paragraph (b) (2) of this clause, the Contracting Officer willpresume that a Contractor’s asserted use or release restrictions are justified on the basis that the item, component, orprocess was developed exclusively at private expense. The Contracting Officer shall not challenge such assertionsunless the Contracting Officer has information that demonstrates that the item, component, or process was notdeveloped exclusively at private expense.

(2) Major systems. The presumption of development exclusively at private expense does not apply to major systemsor subsystems or components thereof, except for commercially available off-the-shelf items (which are governed byparagraph (b)(1)) of this clause. When the Contracting Officer challenges an asserted restriction regarding technicaldata for a major system or a subsystem or component thereof on the basis that the item, component, or process wasnot developed exclusively at private expense, the Contracting Officer will sustain the challenge unless information

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provided by the Contractor or subcontractor demonstrates that the item, component, or process was developedexclusively at private expense.

(c) Justification. The Contractor or subcontractor at any tier is responsible for maintaining records sufficient tojustify the validity of its markings that impose restrictions on the Government and others to use, duplicate, ordisclose technical data delivered or required to be delivered under the contract or subcontract. Except as provided inparagraph (b)(1) of this clause, the Contractor or subcontractor shall be prepared to furnish to the Contracting Officera written justification for such restrictive markings in response to a challenge under paragraph (e) of this clause.

(d) Pre-challenge request for information.

(1) The Contracting Officer may request the Contractor or subcontractor to furnish a written explanation for anyrestriction asserted by the Contractor or subcontractor on the right of the United States or others to use technical data.If, upon review of the explanation submitted, the Contracting Officer remains unable to ascertain the basis of therestrictive marking, the Contracting Officer may further request the Contractor or subcontractor to furnish additionalinformation in the records of, or otherwise in the possession of or reasonably available to, the Contractor orsubcontractor to justify the validity of any restrictive marking on technical data delivered or to be delivered under thecontract or subcontract (e.g., a statement of facts accompanied with supporting documentation). The Contractor orsubcontractor shall submit such written data as requested by the Contracting Officer within the time required or suchlonger period as may be mutually agreed.

(2) If the Contracting Officer, after reviewing the written data furnished pursuant to paragraph (d)(1) of this clause,or any other available information pertaining to the validity of a restrictive marking, determines that reasonablegrounds exist to question the current validity of the marking and that continued adherence to the marking wouldmake impracticable the subsequent competitive acquisition of the item, component, or process to which the technicaldata relates, the Contracting Officer shall follow the procedures in paragraph (e) of this clause.

(3) If the Contractor or subcontractor fails to respond to the Contracting Officer's request for information underparagraph (d)(1) of this clause, and the Contracting Officer determines that continued adherence to the markingwould make impracticable the subsequent competitive acquisition of the item, component, or process to which thetechnical data relates, the Contracting Officer may challenge the validity of the marking as described in paragraph (e)of this clause.

(e) Challenge.

(1) Notwithstanding any provision of this contract concerning inspection and acceptance, if the Contracting Officerdetermines that a challenge to the restrictive marking is warranted, the Contracting Officer shall send a writtenchallenge notice to the Contractor or subcontractor asserting the restrictive markings. Such challenge shall—

(i) State the specific grounds for challenging the asserted restriction;

(ii) Require a response within sixty (60) days justifying and providing sufficient evidence as to the current validity ofthe asserted restriction;

(iii) State that a DOD Contracting Officer's final decision, issued pursuant to paragraph (g) of this clause, sustainingthe validity of a restrictive marking identical to the asserted restriction, within the three-year period preceding thechallenge, shall serve as justification for the asserted restriction if the validated restriction was asserted by the sameContractor or subcontractor (or any licensee of such Contractor or subcontractor) to which such notice is beingprovided; and

(iv) State that failure to respond to the challenge notice may result in issuance of a final decision pursuant toparagraph (f) of this clause.

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(2) The Contracting Officer shall extend the time for response as appropriate if the Contractor or subcontractorsubmits a written request showing the need for additional time to prepare a response.

(3) The Contractor's or subcontractor's written response shall be considered a claim within the meaning of 41 U.S.C.7101, Contract Disputes, and shall be certified in the form prescribed at 33.207 of the Federal AcquisitionRegulation, regardless of dollar amount.

(4) A Contractor or subcontractor receiving challenges to the same restrictive markings from more than oneContracting Officer shall notify each Contracting Officer of the existence of more than one challenge. The noticeshall also state which Contracting Officer initiated the first in time unanswered challenge. The Contracting Officerinitiating the first in time unanswered challenge after consultation with the Contractor or subcontractor and the otherContracting Officers, shall formulate and distribute a schedule for responding to each of the challenge notices to allinterested parties. The schedule shall afford the Contractor or subcontractor an opportunity to respond to eachchallenge notice. All parties will be bound by this schedule.

(f) Final decision when Contractor or subcontractor fails to respond. Upon a failure of a Contractor or subcontractorto submit any response to the challenge notice the Contracting Officer will issue a final decision to the Contractor orsubcontractor in accordance with paragraph (b) of this clause and the Disputes clause of this contract pertaining tothe validity of the asserted restriction. This final decision shall be issued as soon as possible after the expiration ofthe time period of paragraph (e)(1)(ii) or (e)(2) of this clause. Following issuance of the final decision, theContracting Officer will comply with the procedures in paragraphs (g)(2)(ii) through (iv) of this clause.

(g) Final decision when Contractor or subcontractor responds.

(1) If the Contracting Officer determines that the Contractor or subcontractor has justified the validity of therestrictive marking, the Contracting Officer shall issue a final decision to the Contractor or subcontractor sustainingthe validity of the restrictive marking, and stating that the Government will continue to be bound by the restrictivemarking. This final decision shall be issued within sixty (60) days after receipt of the Contractor's or subcontractor'sresponse to the challenge notice, or within such longer period that the Contracting Officer has notified the Contractoror subcontractor that the Government will require. The notification of a longer period for issuance of a final decisionwill be made within sixty (60) days after receipt of the response to the challenge notice.

(2)(i) If the Contracting Officer determines that the validity of the restrictive marking is not justified, the ContractingOfficer shall issue a final decision to the Contractor or subcontractor in accordance with the Disputes clause of thiscontract. Notwithstanding paragraph (e) of the Disputes clause, the final decision shall be issued within sixty (60)days after receipt of the Contractor's or subcontractor's response to the challenge notice, or within such longer periodthat the Contracting Officer has notified the Contractor or subcontractor of the longer period that the Governmentwill require. The notification of a longer period for issuance of a final decision will be made within sixty (60) daysafter receipt of the response to the challenge notice.

(ii) The Government agrees that it will continue to be bound by the restrictive marking for a period of ninety (90)days from the issuance of the Contracting Officer's final decision under paragraph (g)(2)(i) of this clause. TheContractor or subcontractor agrees that, if it intends to file suit in the United States Claims Court it will provide anotice of intent to file suit to the Contracting Officer within ninety (90) days from the issuance of the ContractingOfficer's final decision under paragraph (g)(2)(i) of this clause. If the Contractor or subcontractor fails to appeal, filesuit, or provide a notice of intent to file suit to the Contracting Officer within the ninety (90)-day period, theGovernment may cancel or ignore the restrictive markings, and the failure of the Contractor or subcontractor to takethe required action constitutes agreement with such Government action.

(iii) The Government agrees that it will continue to be bound by the restrictive marking where a notice of intent tofile suit in the United States Claims Court is provided to the Contracting Officer within ninety (90) days from the

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issuance of the final decision under paragraph (g)(2)(i) of this clause. The Government will no longer be bound, andthe Contractor or subcontractor agrees that the Government may strike or ignore the restrictive markings, if theContractor or subcontractor fails to file its suit within one (1) year after issuance of the final decision.Notwithstanding the foregoing, where the head of an agency determines, on a non-delegable basis, that urgent orcompelling circumstances will not permit waiting for the filing of a suit in the United States Claims Court, theContractor or subcontractor agrees that the agency may, following notice to the Contractor or subcontractor,authorize release or disclosure of the technical data. Such agency determination may be made at any time afterissuance of the final decision and will not affect the Contractor's or subcontractor's right to damages against theUnited States where its restrictive markings are ultimately upheld or to pursue other relief, if any, as may be providedby law.

(iv) The Government agrees that it will be bound by the restrictive marking where an appeal or suit is filed pursuantto the Contract Disputes statute until final disposition by an agency Board of Contract Appeals or the United StatesClaims Court. Notwithstanding the foregoing, where the head of an agency determines, on a non-delegable basis,following notice to the Contractor that urgent or compelling circumstances will not permit awaiting the decision bysuch Board of Contract Appeals or the United States Claims Court, the Contractor or subcontractor agrees that theagency may authorize release or disclosure of the technical data. Such agency determination may be made at anytime after issuance of the final decision and will not affect the Contractor's or subcontractor's right to damagesagainst the United States where its restrictive markings are ultimately upheld or to pursue other relief, if any, as maybe provided by law.

(h) Final disposition of appeal or suit.

(1) If the Contractor or subcontractor appeals or files suit and if, upon final disposition of the appeal or suit, theContracting Officer's decision is sustained—

(i) The restrictive marking on the technical data shall be cancelled, corrected or ignored; and

(ii) If the restrictive marking is found not to be substantially justified, the Contractor or subcontractor, as appropriate,shall be liable to the Government for payment of the cost to the Government of reviewing the restrictive marking andthe fees and other expenses (as defined in 28 U.S.C. 2412(d)(2)(A)) incurred by the Government in challenging themarking, unless special circumstances would make such payment unjust.

(2) If the Contractor or subcontractor appeals or files suit and if, upon final disposition of the appeal or suit, theContracting Officer's decision is not sustained—

(i) The Government shall continue to be bound by the restrictive marking; and

(ii) The Government shall be liable to the Contractor or subcontractor for payment of fees and other expenses (asdefined in 28 U.S.C. 2412(d)(2)(A)) incurred by the Contractor or subcontractor in defending the marking, if thechallenge by the Government is found not to have been made in good faith.

(i) Duration of right to challenge. The Government may review the validity of any restriction on technical data,delivered or to be delivered under a contract, asserted by the Contractor or subcontractor. During the period withinthree (3) years of final payment on a contract or within three (3) years of delivery of the technical data to theGovernment, whichever is later, the Contracting Officer may review and make a written determination to challengethe restriction. The Government may, however, challenge a restriction on the release, disclosure or use of technicaldata at any time if such technical data—

(1) Is publicly available;

(2) Has been furnished to the United States without restriction; or

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(3) Has been otherwise made available without restriction. Only the Contracting Officer's final decision resolving aformal challenge by sustaining the validity of a restrictive marking constitutes “validation” as addressed in 10 U.S.C.2321.

(j) Decision not to challenge. A decision by the Government, or a determination by the Contracting Officer, to notchallenge the restrictive marking or asserted restriction shall not constitute “validation.”

(k) Privity of contract. The Contractor or subcontractor agrees that the Contracting Officer may transact mattersunder this clause directly with subcontractors at any tier that assert restrictive markings. However, this clause neithercreates nor implies privity of contract between the Government and subcontractors.

(l) Flowdown. The Contractor or subcontractor agrees to insert this clause in contractual instruments, includingsubcontracts and other contractual instruments for commercial items, with its subcontractors or suppliers at any tierrequiring the delivery of technical data.

I.2.12 252.246-7001 WARRANTY OF DATA—BASIC (MAR 2014)

(a) Definition. “Technical data” has the same meaning as given in the clause in this contract entitled Rights inTechnical Data and Computer Software.

(b) Warranty. Notwithstanding inspection and acceptance by the Government of technical data furnished under thiscontract, and notwithstanding any provision of this contract concerning the conclusiveness of acceptance, theContractor warrants that all technical data delivered under this contract will at the time of delivery conform with thespecifications and all other requirements of this contract. The warranty period shall extend for three years aftercompletion of the delivery of the line item of data (as identified in DD Form 1423, Contract Data Requirements List)of which the data forms a part; or any longer period specified in the contract.

(c) Contractor Notification. The Contractor agrees to notify the Contracting Officer in writing immediately of anybreach of the above warranty which the Contractor discovers within the warranty period.

(d) Remedies. The following remedies shall apply to all breaches of the warranty, whether the Contractor notifies theContracting Officer in accordance with paragraph (c) of this clause or if the Government notifies the Contractor ofthe breach in writing within the warranty period:

(1) Within a reasonable time after such notification, the Contracting Officer may—

(i) By written notice, direct the Contractor to correct or replace at the Contractor's expense the nonconformingtechnical data promptly; or

(ii) If the Contracting Officer determines that the Government no longer has a requirement for correction orreplacement of the data, or that the data can be more reasonably corrected by the Government, inform the Contractorby written notice that the Government elects a price or fee adjustment instead of correction or replacement.

(2) If the Contractor refuses or fails to comply with a direction under paragraph (d)(1)(i) of this clause, theContracting Officer may, within a reasonable time of the refusal or failure—

(i) By contract or otherwise, correct or replace the nonconforming technical data and charge the cost to theContractor; or

(ii) Elect a price or fee adjustment instead of correction or replacement.

(3) The remedies in this clause represent the only way to enforce the Government's rights under this clause.

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(e) The provisions of this clause apply anew to that portion of any corrected or replaced technical data furnished tothe Government under paragraph (d)(1)(i) of this clause.

I.2.13 AWARD TERM CLAUSE

In addition to the terms set forth elsewhere in the contract, and as provided in the QASP, the contractor may earn anextension of one (1) to two (2) years on the basis of performance during the evaluation periods. The contractor isevaluated using QASP criteria during each year of contract performance. In order for an Award Term Period 1 to beexercised, the contractor must have achieved at least a Very Good for three out of the five  elements and not less thanSatisfactory for the remaining two major elements assessed for Option 2; and in order for Award Term Period 2 to beexercised, the contractor must have achieved at least a Very Good for three out of the five elements and not less thanSatisfactory for the remaining two major elements assessed for Award Term Period 1.

(a) Award Term. The award-term concept is an incentive that permits extension of the contract period beyond Option2 of performance for Very Good for three out of the five elements and not less than Satisfactory for the remainingtwo major elements assessed.

(b) Monitoring of Performance. The contractor's performance will be continually monitored by the COR and SubjectMatter Experts whose findings are reported by the COR to the Contracting Officer (PCO) together with arecommendation regarding exercise of the Award Term period. The PCO makes the final decision on the award-termon the basis of the contractor's performance during the award-term evaluation period. 

(c) Award-Term Plan. The evaluation criteria, the associated points, and the associated award-term extensions orreductions are specified in the QASP.

(d) Modification of Award-Term Plan. Changes may be made to the award-term plan at any time during contractperformance, provided that both parties agree to them. If agreement cannot be reached on changes, the initialaward-term plan remains in effect.

(e) Self-Evaluation. The contractor will submit a written self-evaluation of its performance for that period inaccordance with the schedule in the QASP. It will be used in the COR's and PCO's evaluation of the contractor'sperformance during this period.

(f) Disputes. Decisions regarding the award term, including—but not limited to— the amount of the award term, ifany; the methodology used to calculate the award term; calculation of the award term; the supplier's entitlement tothe award term; and the nature and success of the contractor's performance, are made by the PCO. These decisionsare final and are not subject to dispute.

(g) Award-Term Extension. The contract period may be modified to reflect the PCO's decision. The total contractordering period, including extensions under this clause, will not exceed 5 years, or the time remaining on the SeaPortcontracts, including exercised options. The award-term provision must be included in the solicitation and resultingTask Order. If at any time the contract period does not extend more than two years from the PCO decision, theoperation of the award-term provision will cease and the ordering period will not extend beyond the term set at thattime.

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Section J - List of Attachments

Exhibit A Task Order CDRLS

J.1 DD254

J.2 COR Appointment

Distribution

SPEC, Inc. Via Seaport-E Portal

EDA Via Seaport-E Portal

Hard Copy: File

Contractor: [email protected]

COR: [email protected]

USCYBERCOM Financial POC: [email protected] [email protected]

Attachment Number File Name Description

Z30_SE_CDRLs.pdf Exhibit A Task Order CDRLS

TI_02_H-12_Program_Support.pdf J.9 TI-02

DD-254.pdf J.1 DD254

DD254_01.pdf J.10 DD254_01

TI_03.PDF J.11 TI-03 Cyber Assurance Support

Z30_SE_COR_Nomination_Letter.pdf J.2 COR Appointment

J.4INCENTIVEFEESUMMARYFORMAT.xlsx J.4 Cost Summary Incentive Format

TI_14.PDF J.14 TI-14

Award_DD254.pdf J.8 Award DD254

TI_11.pdf J.12 TI-11

TI_12.PDF J.13 TI-12

TI-01_REV-01_Systems_Engineering_Support.pdf J.7 TI-01 REV 01