"M6785411R50220002RMNISS 1449 3 March2011"
M67854-11-R-5022 Page 1 of 98 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 98 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30 2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE M67854-11-R-5022 25 Feb. 2011 7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No Collect Calls) 8. OFFER DUE DATE/LOCAL TIME INFORMATION CALL: MOHAMMED N. HAQUE 540-658-9023 25 March 2011 2:00pm 9. ISSUED BY CODE M67854 10. THIS ACQUISITION IS 11. DELIVERY FOR FOB 12. DISCOUNT TERMS X UNRESTRICTED DESTINATION UNLESS PM MRAP CONTRACTS BLOCK IS MARKED 50 TECH PARKWAY, STE 107 SET ASIDE: % FOR STAFFORD VA 25556 SEE SCHEDULE SB HUBZONE SB 13a. THIS CONTRACT IS A RATED ORDER X UNDER DPAS (15 CFR 700) 8(A) 13b. RATING DX-A4 SVC-DISABLED VET-OWNED SB TEL: 540-242-3023 14. METHOD OF SOLICITATION EMERGING SB FAX: RFQ IFB X RFP SIZE STD: NAICS: 15. DELIVER TO CODE 16. ADMINISTERED BY CODE SEE SCHEDULE OFFEROR 17a.CONTRACTOR/ CODE 18a. PAYMENT WILL BE MADE BY CODE FACILITY TEL. CODE 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK SUCH ADDRESS IN OFFER BELOW IS CHECKED SEE ADDENDUM 19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT SEE SCHEDULE 25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED X X X 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA XARE ARE NOT ATTACHED 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES 29. AWARD OF CONTRACT: REFERENCE TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS OFFER DATED . YOUR OFFER ON SOLICITATION SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: 30a. SIGNATURE OF OFFEROR/CONTRACTOR (SIGNATURE OF CONTRACTING OFFICER)31c. DATE SIGNED 31a.UNITED STATES OF AMERICA 30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) (TYPE OR PRINT) TEL: EMAIL: AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 3/2005) M67854-11-R-5022 Page 2 of 98 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGE 2 OF 98 (CONTINUED) 19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT SEE SCHEDULE 32a. QUANTITY IN COLUMN 21 HAS BEEN RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________ 32b. SIGNATURE OF AUTHORIZED GOVERNMENT 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE REPRESENTATIVE 32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE 33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAY MENT 37. CHECK NUMBER CORRECT FOR COMPLETE PARTIAL FINAL PARTIAL FINAL 38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY 41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAY MENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFY ING OFFICER 41c. DATE 42b. RECEIVED AT (Location) 42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 3/2005) BACK PREVIOUS EDITION IS NOT USABLE Prescribed by GSA FAR (48 CFR) 53.212 M67854-11-R-5022 Page 3 of 98 Section SF 1449 - CONTINUATION SHEET ITEM NO SUPPLIES/SERVICES MAX UNIT UNIT PRICE MAX AMOUNT QUANTITY 0001 45 Each RMNIIS FFP Ruggedized Mobile Non-Intrusive Inspection System (RMNISS) in accordance with the Statement of Work (SOW), Attachment 1, and the Performance Specification, Attachment 2. The commercial warranty and shipping costs are included in the unit price. FOB: Destination MAX NET AMT ITEM NO SUPPLIES/SERVICES MAX UNIT UNIT PRICE MAX AMOUNT QUANTITY 0002 1 Each Eng. Drawings, Supply Support & Tech. FFP The Engineering Drawings, Supply Support, and Technical Publications shall include data required under the Statement of Work, Attachment 1, paragraphs 3.6 Engineering Drawings, 3.9 Supply Support and 3.10 Technical Publications. FOB: Destination MAX NET AMT M67854-11-R-5022 Page 4 of 98 ITEM NO SUPPLIES/SERVICES MAX UNIT UNIT PRICE MAX AMOUNT QUANTITY 0003 30 Each Program Management Reviews FFP Program management reviews will be conducted in accordance with SOW, Attachment 1, paragraphs 3.3.1. - Contractor Responsibilities, 3.3.2. - Post Award Conference, 3.3.3. - In-Process Reviews, and paragraph 3.7. - Integrated Logistics Support. The frequency and type of reviews will be set forth within each individual delivery order. FOB: Destination MAX NET AMT ITEM NO SUPPLIES/SERVICES MAX UNIT UNIT PRICE MAX AMOUNT QUANTITY 0004 8,680,000 Dollars, U.S. Provisioned Item Order List/Spares FFP The contractor shall provide parts and spares as specified in each delivery order issued against this CLIN. Firm Fixed Pricing will be based upon Attachment 6, Spare/Parts listing. Orders will be placed by the Contracting Officer via delivery order. FOB: Destination MAX NET AMT M67854-11-R-5022 Page 5 of 98 ITEM NO SUPPLIES/SERVICES MAX UNIT UNIT PRICE MAX AMOUNT QUANTITY 0005 30 Man month CONUS FSR Support FFP Continental United States (CONUS) Field Support Representatives shall be provided in accordance with SOW, Attachment 1, paragraphs 18.104.22.168 - CONUS and OCONUS Support, 3.8.1 - Maintenance, and 3.8.2 - Field Level Maintenance. FOB: Destination MAX NET AMT ITEM NO SUPPLIES/SERVICES MAX UNIT UNIT PRICE MAX AMOUNT QUANTITY 0006 216 Man month OCONUS FSR Support FFP Outside Continental United States (OCONUS) Field Support Representatives shall be provided in accordance with SOW, Attachment 1, paragraphs 22.214.171.124 - CONUS and OCONUS Support, 126.96.36.199 - Deployment Requirements, 3.8.1 - Maintenance, and 3.8.2 - Field Level Maintenance. FOB: Destination MAX NET AMT M67854-11-R-5022 Page 6 of 98 ITEM NO SUPPLIES/SERVICES MAX UNIT UNIT PRICE MAX AMOUNT QUANTITY 0007 1 Each Training Course Curriculum FFP The training course curriculum shall be provided in accordance with SOW, Attachment 1, paragraph 3.11 - Training Products and Services, and paragraph 3.11.1 - Training Course Curriculums. FOB: Destination MAX NET AMT ITEM NO SUPPLIES/SERVICES MAX UNIT UNIT PRICE MAX AMOUNT QUANTITY 0008 4 Each CONUS Operator Training FFP CONUS Operator Training shall be provided in accordance with SOW, Attachment 1, paragraph 3.11.2 - Operator Training. FOB: Destination MAX NET AMT M67854-11-R-5022 Page 7 of 98 ITEM NO SUPPLIES/SERVICES MAX UNIT UNIT PRICE MAX AMOUNT QUANTITY 0009 4 Each CONUS Maintainer Training FFP CONUS Maintainer Training shall be provided in accordance with SOW, Attachment 1, paragraph 3.11.3 - CONUS Maintainer Training. FOB: Destination MAX NET AMT ITEM NO SUPPLIES/SERVICES MAX UNIT UNIT PRICE MAX AMOUNT QUANTITY 0010 4 Each CONUS Train the Trainer Training FFP CONUS Train the Trainer Training shall be provided in accordance with the SOW, Attachment 1, paragraph 3.11.4 - CONUS Train the Trainer Training. FOB: Destination MAX NET AMT M67854-11-R-5022 Page 8 of 98 ITEM NO SUPPLIES/SERVICES MAX UNIT UNIT PRICE MAX AMOUNT QUANTITY 0011 105,000 Dollars, U.S. In-Theater FSR Travel & ODCs FFP In-Theater FSR travel costs are for travel to and from various Forward Operating Bases (FOBs) as required. The Government must provide approval prior to incurring any costs. All travel will be in accordance with the Joint Travel Regulations (JTR). *** Costs for this CLIN not to exceed (NTE) $105,000.00 for the duration of the contract. FOB: Destination MAX NET AMT ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0012 1 Lot Contract Data Requirements List - CDRLs FFP CDRLs are Not Separately Priced (NSP), and include the following: All deliverables contained under SOW, Attachment 1, paragraph 3.1 - Concept of Operations, paragraph 3.2 - Program and Data Management, paragraph 3.4 - Environmental, Safety, and Occupational Health, paragraph 3.5 - Configuration Management Process, and all deliverables contained under SOW paragraph 3.12 - Transportability Program and Exhibit A. FOB: Destination NET AMT M67854-11-R-5022 Page 9 of 98 CONTINUED 1 CONTRACT TYPE This contract is a Firm Fixed Price (FFP), Indefinite Delivery Indefinite Quantity (IDIQ) contract. The combined quantities of the above CLINs 0001 through 0012, represent the maximum Marine Corps requirement for the total twenty-four (24) month ordering period. The minimum Government obligation is $3,000,000 worth of supplies/services and the contract ceiling amount is $95,000,000 worth of supplies/services. For more information on minimum orders see the FAR Clause 52.216-19 “Order Limitations” of this contract. 2 ORDERING AGENCY a. The agency authorized to place Delivery Orders against this contract is: Marine Corps Systems Command ATTN CT: Lynn Y. Frazier 2200 Lester Street Quantico, VA 22134 b. Use of Defense Contract Management Agency (DCMA) will be identified upon award. 3 ORDERING PERIOD Delivery Orders may be placed against this contract by the Government for a period of twenty-four (24) months after the effective date of the contract. NOTE: Dates listed under “Delivery Information” section at the CLIN level is reflective of the contract ordering period, individual delivery orders will indicate there specific periods of performance. M67854-11-R-5022 Page 10 of 98 4. Table of Contents RMNIIS STATEMENT OF WORK See Attachment 1 RMNIIS PERFORMANCE SPECIFICATION See Attachment 2 QUALITY AND SURVAILENCE PLAN See Attachment 3 US CENTCOM INDIVIDUAL PROTECTION POLICY MOD 10 See Attachment 4 CONTRACT SECURITY CLASSIFICATION FORM DD 254 See Attachment 5 PROVISIONED ITEM ORDER LIST (provided by Contractor) See Attachment 6 CONTRACT DATA REQUIRMENTS LIST Exhibit A M67854-11-R-5022 Page 11 of 98 5. PACKAGING AND MARKING– a. Each item shall be shipped in accordance with best commercial practices. b. All CLINs shall be marked and shipped to locations specified in the task/delivery order: 6. MATERIAL INSPECTION AND RECEIVING REPORT. A packing list (DD Form 250 Material Inspection and Receiving Report may be used) identifying the contents of each shipment, shipping container, or palletized unit load shall be provided by the Contractor with each shipment. When a contract line item identified under a single stock number includes an assortment of related items such as kit or set components, detached parts or accessories, installation hardware or materials, the packing list(s) shall identify the assorted items. Where an assortment of related items is included in the shipping container, a packing list identifying the contents shall be furnished. NOTE: See Section Wide Area Work Flow (WAWF) Clause for payment instructions. 7. PROHIBITED PACKING MATERIALS. The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hygroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use. (NAVSUP Manual Vol II, Par 22005-9) 8. HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA. Hazardous materials to be shipped by any mode or combination of modes of transportation shall be prepared (properly classed, described, packaged, marked, labeled, transport vehicle placarded, etc.) for shipment in accordance with MIL STD 129 and all applicable Government and carrier regulations in effect at time of shipment. INSPECTION AND ACCEPTANCE TERMS Supplies/services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 Origin Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Origin Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government M67854-11-R-5022 Page 12 of 98 DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC 0001 24 months Ordering Period N/A TBD at Task Order/Delivery Order level TBD 0002 24 months Ordering Period N/A SAME AS PREVIOUS LOCATION) M67854 FOB: Destination 0003 24 months Ordering Period N/A SAME AS PREVIOUS LOCATION) M67854 FOB: Destination 0004 24 months Ordering Period N/A TBD at Task Order/Delivery Order level TBD 0005 24 months Ordering Period N/A SAME AS PREVIOUS LOCATION) M67854 FOB: Destination 0006 24 months Ordering Period N/A (SAME AS PREVIOUS LOCATION) M67854 FOB: Destination 0007 24 months Ordering Period N/A (SAME AS PREVIOUS LOCATION) M67854 FOB: Destination 0008 24 months Ordering Period N/A (SAME AS PREVIOUS LOCATION) M67854 FOB: Destination 0009 24 months Ordering Period N/A (SAME AS PREVIOUS LOCATION) M67854 FOB: Destination 0010 24 months Ordering Period N/A (SAME AS PREVIOUS LOCATION) M67854 FOB: Destination 0011 24 months Ordering Period N/A (SAME AS PREVIOUS LOCATION) M67854 FOB: Destination 0012 24 months Ordering Period N/A (SAME AS PREVIOUS LOCATION) M67854 FOB: Destination CLAUSES INCORPORATED BY REFERENCE 52.211-14 Notice Of Priority Rating For National Defense, Emergency APR 2008 Preparedness, and Energy Program Use 52.212-3 Alt I Offeror Representations and Certifications--Commercial Items APR 2002 (Aug 2009) Alternate I 52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements-- FEB 2007 Commercial Item Acquisition 52.219-9 Small Business Subcontracting Plan OCT 2010 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.228-3 Worker's Compensation Insurance (Defense Base Act) APR 1984 M67854-11-R-5022 Page 13 of 98 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.228-8 Liability and Insurance - Leased Motor Vehicles MAY 1999 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.247-64 Alt II Preference for Privately Owned U.S. - Flag Commercial FEB 2006 Vessels (Apr 2003) - Alternate II 252.201-7000 Contracting Officer's Representative DEC 1991 252.209-7001 Disclosure of Ownership or Control by the Government of a JAN 2009 Terrorist Country 252.211-7003 Item Identification and valuation SEP 2010 252.212-7000 Offeror Representations and Certifications- Commercial Items JUN 2005 252.225-7002 Qualifying Country Sources As Subcontractors APR 2003 252.225-7009 Restriction on Acquisition of Certain Articles Containing JUL 2009 Speciaity Metals 252.227-7026 Deferred Delivery Of Technical Data Or Computer Software APR 1988 252.227-7027 Deferred Ordering Of Technical Data Or Computer Software APR 1988 252.232-7010 Levies on Contract Payments DEC 2006 252.246-7003 Notification of Potential Safety Issues JAN 2007 252.247-7022 Representation Of Extent Of Transportation Of Supplies By AUG 1992 Sea CLAUSES INCORPORATED BY FULL TEXT 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010) (a) Definitions. As used in this provision-- Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. Federal contracts and grants with total value greater than $10,000,000 means-- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite- quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). (b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: M67854-11-R-5022 Page 14 of 98 (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in-- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall enter the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7). Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (End of provision) FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2011) (a)(1) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov . (2) At the first semi-annual update on or after April 15, 2011, the Contractor shall post again any required information that the Contractor posted prior to April 15, 2011. (b)(1) The Contractor will receive notification when the Government posts new information to the Contractor’s record. M67854-11-R-5022 Page 15 of 98 (2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them. (3) (i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600. (ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. (End of clause) CLAUSES INCORPORATED BY FULL TEXT 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JUN 2010) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post- acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine M67854-11-R-5022 Page 16 of 98 restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment.-- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. M67854-11-R-5022 Page 17 of 98 (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. M67854-11-R-5022 Page 18 of 98 (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. M67854-11-R-5022 Page 19 of 98 (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification. (t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of- name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. (End of clause) M67854-11-R-5022 Page 20 of 98 CLAUSES INCORPORATED BY FULL TEXT 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2010) (DEVIATION) (a) Comptroller General Examination of Record. The Contractor agrees to comply with the provisions of this paragraph (a) if the contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to the right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) Reserved. (iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793). (vii) Reserved. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). M67854-11-R-5022 Page 21 of 98 (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements (FEB 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JAN 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 52.216-18 ORDERING. (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued for a period of 24 months after contract award. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of clause) 52.216-19 ORDER LIMITATIONS. (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of the following minimums: CLIN MINIMUM ORDER QUANTITY 0001 RMNISS 1 priced line item 0002 Technical Data Package 1 priced line item 0003 Program Management Reviews 1 priced line item 0004 Provisioned Item Order List/Spares 1 priced line item* 0005 CONUS FSR Support 1 month 0006 OCONUS FSR Support 1 month 0007 Training Course Curriculum 1 priced line item 0008 CONUS Operator Training 1 priced line item 0009 CONUS Maintainer Training 1 priced line item 0010 CONUS Train the Trainer Training 1 priced line item 0011 In Theater Travel N/A (No Minimum) M67854-11-R-5022 Page 22 of 98 0012 CDRLs N/A (CLIN is Not Separately Priced) *Note: A priced line item under this CLIN is a single RMNIIS part or subcompenent. The Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. On any single order, the Government may chose to place an order against one or multiple CLINs. (b) Maximum order. The Contractor is not obligated to honor: (1) Any order for a single item in excess of the maximum quantity set forth in Section B; (2) Any order for a combination of items in excess of the maximum quantity set forth in Section B; (Any order which when combined with all previous orders is in excess of the maximum quantities set forth in Section B). or (3) A series of orders from the same ordering office within N/A days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above. ( Maximum quantities set forth in Section B shall not be exceeded.) (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above. (This is not a requirements contract). (d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within N/A days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (Maximum quantities set forth in Section B shall not be exceeded.) (End of clause) 52.216-22 INDEFINITE QUANTITY. (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum". (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 6 months after completion of the 24 month ordering period. M67854-11-R-5022 Page 23 of 98 (End of clause) 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): Far Hill Website: http://farsite.hill.af.mil/ www.acquisition.gov (End of clause) 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any (48 CFR Chapter ) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of provision) 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any _______________ (48 CFR ) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (NOV 2010) (a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components. __X_ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207). M67854-11-R-5022 Page 24 of 98 (b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components. (1) ___252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181). (2) ___ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416). (3) _X__ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (OCT 2010) (15 U.S.C. 637). (4) ___ 252.219-7004, Small Business Subcontracting Plan (Test Program) (OCT 2010) (15 U.S.C. 637 note). (5) __X_ 252.225-7001, Buy American Act and Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d, E.O. 10582). (6) ____ 252.225-7008, Restriction on Acquisition of Specialty Metals (JUL 2009) (10 U.S.C. 2533b). (7) ____ 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (JUL 2009) (10 U.S.C. 2533b). (8) ____ 252.225-7012, Preference for Certain Domestic Commodities (JUN 2010) (10 U.S.C. 2533a). (9) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a). (10) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (MAR 2006) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts). (11) )(i) ___ 252.225-7021, Trade Agreements (NOV 2009) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note). (ii) ___ Alternate I (SEP 2008) (12) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779). (13) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755). (14)(i) ___ 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (JUL 2009) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note). (ii) ___ Alternate I (JUL 2009) of 252.225-7036. (15) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)). (16) ____ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts). (17) __X__ 252.227-7015, Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320). (18) __X__ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321). (19) _X___ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227). M67854-11-R-5022 Page 25 of 98 (20) __X__ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375). (21) ____252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84). (22) __X__ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410). (23)____252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military Operations (OCT 2010) (Section 807 of Public Law 111-84). (24)____ 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Public Law 110-417). (25)(i) _X___ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). (ii) __X__ Alternate I (MAR 2000) of 252.247-7023. (iii) ____ Alternate II (MAR 2000) of 252.247-7023. (iv) ____ Alternate III (MAY 2002) of 252.247-7023. (26) __ __ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: (1) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375). (2) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84). (3) 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of Public Law 110-417). (4) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). (5) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (End of clause) 252.225-7000 BUY AMERICAN ACT--BALANCE OF PAYMENTS PROGRAM CERTIFICATE (DEC 2009) (a) Definitions. “Commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “foreign end product,” “qualifying country,” “qualifying country end product,” and “United States” have the meanings given in the Buy American Act and Balance of Payments Program clause of this solicitation. (b) Evaluation. The Government-- M67854-11-R-5022 Page 26 of 98 (1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and (2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American Act or the Balance of Payments Program. (c) Certifications and identification of country of origin. (1) For all line items subject to the Buy American Act and Balance of Payments Program clause of this solicitation, the offeror certifies that-- (i) Each end product, except those listed in paragraph (c)(2) or (3) of this provision, is a domestic end product; and (ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. (2) The offeror certifies that the following end products are qualifying country end products: ----------------------------------------------------------------------- (Line Item Number Country of Origin) ----------------------------------------------------------------------- (Country of Origin) (3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of ``domestic end product'': (Line Item Number)----------------------------------------------------- (Country of Origin (If known))----------------------------------------- (End of provision) 252.225-7040 CONTRACTOR PERSONNEL AUTHORIZED TO ACCOMPANY U.S. ARMED FORCES DEPLOYED OUTSIDE THE UNITED STATES (JUL 2009) (a) Definitions. As used in this clause--Combatant Commander means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161. Designated operational area means a geographic area designated by the combatant commander or subordinate joint force commander for the conduct or support of specified military operations. Law of war means that part of international law that regulates the conduct of armed hostilities. The law of war encompasses all international law for the conduct of hostilities binding on the United States or its individual citizens, including treaties and international agreements to which the United States is a party, and applicable customary international law. Subordinate joint force commander means a sub-unified commander or joint task force commander. (b) General. M67854-11-R-5022 Page 27 of 98 (1) This clause applies when Contractor personnel are authorized to accompany U.S. Armed Forces deployed outside the United States in-- (i) Contingency operations; (ii) Humanitarian or peacekeeping operations; or (iii) Other military operations or military exercises, when designated by the Combatant Commander. (2) Contract performance in support of U.S. Armed Forces deployed outside the United States may require work in dangerous or austere conditions. Except as otherwise provided in the contract, the Contractor accepts the risks associated with required contract performance in such operations. (3) Contractor personnel are civilians accompanying the U.S. Armed Forces. (i) Except as provided in paragraph (b)(3)(ii) of this clause, Contractor personnel are only authorized to use deadly force in self-defense. (ii) Contractor personnel performing security functions are also authorized to use deadly force when such force reasonably appears necessary to execute their security mission to protect assets/persons, consistent with the terms and conditions contained in their contract or with their job description and terms of employment. (iii) Unless immune from host nation jurisdiction by virtue of an international agreement or international law, inappropriate use of force by contractor personnel authorized to accompany the U.S. Armed Forces can subject such personnel to United States or host nation prosecution and civil liability (see paragraphs (d) and (j)(3) of this clause). (4) Service performed by Contractor personnel subject to this clause is not active duty or service under 38 U.S.C. 106 note. (c) Support. (1)(i) The Combatant Commander will develop a security plan for protection of Contractor personnel in locations where there is not sufficient or legitimate civil authority, when the Combatant Commander decides it is in the interests of the Government to provide security because-- (A) The Contractor cannot obtain effective security services; (B) Effective security services are unavailable at a reasonable cost; or (C) Threat conditions necessitate security through military means. (ii) The Contracting Officer shall include in the contract the level of protection to be provided to Contractor personnel. (iii) In appropriate cases, the Combatant Commander may provide security through military means, commensurate with the level of security provided DoD civilians. (2)(i) Generally, all Contractor personnel authorized to accompany the U.S. Armed Forces in the designated operational area are authorized to receive resuscitative care, stabilization, hospitalization at level III military treatment facilities, and assistance with patient movement in emergencies where loss of life, limb, or eyesight could occur. Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system. (ii) When the Government provides medical treatment or transportation of Contractor personnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or transportation. M67854-11-R-5022 Page 28 of 98 (iii) Medical or dental care beyond this standard is not authorized unless specified elsewhere in this contract. (3) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the designated operational area under this contract. (4) Contractor personnel must have a letter of authorization issued by the Contracting Officer in order to process through a deployment center or to travel to, from, or within the designated operational area. The letter of authorization also will identify any additional authorizations, privileges, or Government support that Contractor personnel are entitled to under this contract. (d) Compliance with laws and regulations. (1) The Contractor shall comply with, and shall ensure that its personnel authorized to accompany U.S. Armed Forces deployed outside the United States as specified in paragraph (b)(1) of this clause are familiar with and comply with, all applicable-- (i) United States, host country, and third country national laws; (ii) Provisions of the law of war, as well as any other applicable treaties and international agreements; (iii) United States regulations, directives, instructions, policies, and procedures; and (iv) Orders, directives, and instructions issued by the Combatant Commander, including those relating to force protection, security, health, safety, or relations and interaction with local nationals. (2) The Contractor shall institute and implement an effective program to prevent violations of the law of war by its employees and subcontractors, including law of war training in accordance with paragraph (e)(1)(vii) of this clause. (e) Pre-deployment requirements. (1) The Contractor shall ensure that the following requirements are met prior to deploying personnel authorized to accompany U.S. Armed Forces. Specific requirements for each category may be specified in the statement of work or elsewhere in the contract. (i) All required security and background checks are complete and acceptable. (ii) All deploying personnel meet the minimum medical screening requirements and have received all required immunizations as specified in the contract. The Government will provide, at no cost to the Contractor, any theater- specific immunizations and/or medications not available to the general public. (iii) Deploying personnel have all necessary passports, visas, and other documents required to enter and exit a designated operational area and have a Geneva Conventions identification card, or other appropriate DoD identity credential, from the deployment center. Any Common Access Card issued to deploying personnel shall contain the access permissions allowed by the letter of authorization issued in accordance with paragraph (c)(4) of this clause. (iv) Special area, country, and theater clearance is obtained for personnel. Clearance requirements are in DoD Directive 4500.54, Official Temporary Duty Abroad, and DoD 4500.54-G, DoD Foreign Clearance Guide. Contractor personnel are considered non-DoD personnel traveling under DoD sponsorship. (v) All personnel have received personal security training. At a minimum, the training shall-- (A) Cover safety and security issues facing employees overseas; (B) Identify safety and security contingency planning activities; and (C) Identify ways to utilize safety and security personnel and other resources appropriately. M67854-11-R-5022 Page 29 of 98 (vi) All personnel have received isolated personnel training, if specified in the contract, in accordance with DoD Instruction 1300.23, Isolated Personnel Training for DoD Civilian and Contractors. (vii) Personnel have received law of war training as follows: (A) Basic training is required for all Contractor personnel authorized to accompany U.S. Armed Forces deployed outside the United States. The basic training will be provided through-- (1) A military-run training center; or (2) A Web-based source, if specified in the contract or approved by the Contracting Officer. (B) Advanced training, commensurate with their duties and responsibilities, may be required for some Contractor personnel as specified in the contract. (2) The Contractor shall notify all personnel who are not a host country national, or who are not ordinarily resident in the host country, that-- (i) Such employees, and dependents residing with such employees, who engage in conduct outside the United States that would constitute an offense punishable by imprisonment for more than one year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, may potentially be subject to the criminal jurisdiction of the United States in accordance with the Military Extraterritorial Jurisdiction Act of 2000 (18 U.S.C. 3621, et seq.); (ii) Pursuant to the War Crimes Act (18 U.S.C. 2441), Federal criminal jurisdiction also extends to conduct that is determined to constitute a war crime when committed by a civilian national of the United States; (iii) Other laws may provide for prosecution of U.S. nationals who commit offenses on the premises of U.S. diplomatic, consular, military or other U.S. Government missions outside the United States (18 U.S.C. 7(9)); and (iv) In time of declared war or a contingency operation, Contractor personnel authorized to accompany U.S. Armed Forces in the field are subject to the jurisdiction of the Uniform Code of Military Justice under 10 U.S.C. 802(a)(10). (f) Processing and departure points. Deployed Contractor personnel shall-- (1) Process through the deployment center designated in the contract, or as otherwise directed by the Contracting Officer, prior to deploying. The deployment center will conduct deployment processing to ensure visibility and accountability of Contractor personnel and to ensure that all deployment requirements are met, including the requirements specified in paragraph (e)(1) of this clause; (2) Use the point of departure and transportation mode directed by the Contracting Officer; and (3) Process through a Joint Reception Center (JRC) upon arrival at the deployed location. The JRC will validate personnel accountability, ensure that specific designated operational area entrance requirements are met, and brief Contractor personnel on theater-specific policies and procedures. (g) Personnel data. (1) The Contractor shall enter before deployment and maintain data for all Contractor personnel that are authorized to accompany U.S. Armed Forces deployed outside the United States as specified in paragraph (b)(1) of this clause. The Contractor shall use the Synchronized Predeployment and Operational Tracker (SPOT) web-based system, at http://www.dod.mil/bta/products/spot.html, to enter and maintain the data. M67854-11-R-5022 Page 30 of 98 (2) The Contractor shall ensure that all employees in the database have a current DD Form 93, Record of Emergency Data Card, on file with both the Contractor and the designated Government official. The Contracting Officer will inform the Contractor of the Government official designated to receive this data card. (h) Contractor personnel. (1) The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any Contractor personnel who jeopardize or interfere with mission accomplishment or who fail to comply with or violate applicable requirements of this contract. Such action may be taken at the Government's discretion without prejudice to its rights under any other provision of this contract, including the Termination for Default clause. (2) The Contractor shall have a plan on file showing how the Contractor would replace employees who are unavailable for deployment or who need to be replaced during deployment. The Contractor shall keep this plan current and shall provide a copy to the Contracting Officer upon request. The plan shall-- (i) Identify all personnel who are subject to military mobilization; (ii) Detail how the position would be filled if the individual were mobilized; and (iii) Identify all personnel who occupy a position that the Contracting Officer has designated as mission essential. (3) Contractor personnel shall report to the Combatant Commander or a designee, or through other channels such as the military police, a judge advocate, or an inspector general, any suspected or alleged conduct for which there is credible information that such conduct-- (i) Constitutes violation of the law of war; or (ii) Occurred during any other military operations and would constitute a violation of the law of war if it occurred during an armed conflict. (i) Military clothing and protective equipment. (1) Contractor personnel are prohibited from wearing military clothing unless specifically authorized in writing by the Combatant Commander. If authorized to wear military clothing, Contractor personnel must-- (i) Wear distinctive patches, arm bands, nametags, or headgear, in order to be distinguishable from military personnel, consistent with force protection measures; and (ii) Carry the written authorization with them at all times. (2) Contractor personnel may wear military-unique organizational clothing and individual equipment (OCIE) required for safety and security, such as ballistic, nuclear, biological, or chemical protective equipment. (3) The deployment center, or the Combatant Commander, shall issue OCIE and shall provide training, if necessary, to ensure the safety and security of Contractor personnel. (4) The Contractor shall ensure that all issued OCIE is returned to the point of issue, unless otherwise directed by the Contracting Officer. (j) Weapons. (1) If the Contractor requests that its personnel performing in the designated operational area be authorized to carry weapons, the request shall be made through the Contracting Officer to the Combatant Commander, in accordance with DoD Instruction 3020.41, paragraph 188.8.131.52 or, if the contract is for security services, paragraph 184.108.40.206. The M67854-11-R-5022 Page 31 of 98 Combatant Commander will determine whether to authorize in-theater Contractor personnel to carry weapons and what weapons and ammunition will be allowed. (2) If the Contracting Officer, subject to the approval of the Combatant Commander, authorizes the carrying of weapons-- (i) The Contracting Officer may authorize the Contractor to issue Contractor-owned weapons and ammunition to specified employees; or (ii) The (Contracting Officer to specify the appropriate individual, e.g., Contracting Officer's Representative, Regional Security Officer) may issue Government-furnished weapons and ammunition to the Contractor for issuance to specified Contractor employees. (3) The Contractor shall ensure that its personnel who are authorized to carry weapons-- (i) Are adequately trained to carry and use them-- (A) Safely; (B) With full understanding of, and adherence to, the rules of the use of force issued by the Combatant Commander; and (C) In compliance with applicable agency policies, agreements, rules, regulations, and other applicable law; (ii) Are not barred from possession of a firearm by 18 U.S.C. 922; and (iii) Adhere to all guidance and orders issued by the Combatant Commander regarding possession, use, safety, and accountability of weapons and ammunition. (4) Whether or not weapons are Government-furnished, all liability for the use of any weapon by Contractor personnel rests solely with the Contractor and the Contractor employee using such weapon. (5) Upon redeployment or revocation by the Combatant Commander of the Contractor's authorization to issue firearms, the Contractor shall ensure that all Government-issued weapons and unexpended ammunition are returned as directed by the Contracting Officer. (k) Vehicle or equipment licenses. Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the designated operational area. (l) Purchase of scarce goods and services. If the Combatant Commander has established an organization for the designated operational area whose function is to determine that certain items are scarce goods or services, the Contractor shall coordinate with that organization local purchases of goods and services designated as scarce, in accordance with instructions provided by the Contracting Officer. (m) Evacuation. (1) If the Combatant Commander orders a mandatory evacuation of some or all personnel, the Government will provide assistance, to the extent available, to United States and third country national Contractor personnel. (2) In the event of a non-mandatory evacuation order, unless authorized in writing by the Contracting Officer, the Contractor shall maintain personnel on location sufficient to meet obligations under this contract. (n) Next of kin notification and personnel recovery. M67854-11-R-5022 Page 32 of 98 (1) The Contractor shall be responsible for notification of the employee-designated next of kin in the event an employee dies, requires evacuation due to an injury, or is isolated, missing, detained, captured, or abducted. (2) In the case of isolated, missing, detained, captured, or abducted Contractor personnel, the Government will assist in personnel recovery actions in accordance with DoD Directive 3002.01E, Personnel Recovery in the Department of Defense. (o) Mortuary affairs. Mortuary affairs for Contractor personnel who die while accompanying the U.S. Armed Forces will be handled in accordance with DoD Directive 1300.22, Mortuary Affairs Policy. (p) Changes. In addition to the changes otherwise authorized by the Changes clause of this contract, the Contracting Officer may, at any time, by written order identified as a change order, make changes in the place of performance or Government-furnished facilities, equipment, material, services, or site. Any change order issued in accordance with this paragraph (p) shall be subject to the provisions of the Changes clause of this contract. (q) Subcontracts. The Contractor shall incorporate the substance of this clause, including this paragraph (q), in all subcontracts when subcontractor personnel are authorized to accompany U.S. Armed Forces deployed outside the United States in-- (1) Contingency operations; (2) Humanitarian or peacekeeping operations; or (3) Other military operations or military exercises, when designated by the Combatant Commander. (End of clause) 252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (MAR 2006) (a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas. (b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall-- (1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity; (2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality; (3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and (4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel. (c) The requirements of this clause do not apply to any subcontractor that is-- (1) A foreign government; M67854-11-R-5022 Page 33 of 98 (2) A representative of a foreign government; or (3) A foreign corporation wholly owned by a foreign government. (d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from: (1) For Army contracts: HQDA-AT; telephone, DSN 222-9832 or commercial (703) 692-9832. (2) For Navy contracts: Naval Criminal Investigative Service (NCIS), Code 21; telephone, DSN 288-9077 or commercial (202) 433-9077. (3) For Marine Corps contracts: CMC Code POS-10; telephone, DSN 224-4177 or commercial (703) 614- 4177. (End of clause) 252.225-7997 ADDITIONAL REQUIREMENTS AND RESPONSIBILITIES RELATING TO ALLEGED CRIMES BY OR AGAINST CONTRACTOR PERSONNEL IN IRAQ AND AFGHANISTAN (DEVIATION 2010-O0014)(AUGUST 2010) (a) The Contractor shall report to the appropriate investigative authorities, identified in paragraph (c) below, any alleged offenses under— (1) The Uniform Code of Military Justice (chapter 47 of title 10, United States code) (applicable to contractors serving with or accompanying an armed force in the field during a declared war or a contingency operation); or (2) The Military Extraterritorial Jurisdiction Act (chapter 212 of title 18, United States Code). (b) The Contractor shall provide to all contractor personnel who will perform work on a contract in Iraq or Afghanistan, before beginning such work, information on the following: (1) How and where to report an alleged crime described in paragraph (a) of this clause. (2) Where to seek victim and witness protection and assistance available to contractor personnel in connection with an alleged offense described in paragraph (a) of this clause. (c) The appropriate investigative authorities to which suspected crimes shall be reported include the following officials-- (i) US Army Criminal Investigative Division at http://www.cid.army.mil/reportacrime.html; (ii) Air Force Office of Special Investigations at http://www.osi.andrews.af.mil/library/factsheets/factsheet.asp?id=14522; (iii) Navy Criminal Investigative Service at http://www.ncis.navy.mil/Pages/publicdefault.aspx; or (iv) To the command of any supported military element or the command of any base. (d) Personnel seeking whistleblower protection from reprisals for reporting criminal M67854-11-R-5022 Page 34 of 98 acts shall seek guidance through the DoD Inspector General hotline at (800) 424-9098 or www.dodig.mil/HOTLINE/index.html. Personnel seeking other forms of victim or witness protections should contact the nearest military law enforcement office. (End of clause) DOD CLASS DEVIATION 2009-O0011 PAYMENTS IN SUPPORT OF EMERGENCY AND CONTINGENCY OPERATIONS. (DEVIATION 2009-O0011). (a) Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer (EFT). Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 39.902 of the Federal Acquisition Regulation. (b) Invoice payments -- (1) Due date. (i) Payment will be made as soon as possible once a proper invoice is received and matched with the contract and the receiving/acceptance report. (ii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract. (2) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice should include the items listed in paragraphs (a)(2)(i) through (a)(2)(x) of this clause. (i) Name and address of the Contractor. (ii) Invoice date and invoice number. transmission.) (iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number). (iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. (v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). number and weight of shipment will be shown for shipments on Government bills of lading. (vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). M67854-11-R-5022 Page 35 of 98 (vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice. (viii) Taxpayer Identification Number (TIN) - (when required). Revenue Code. (ix) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232- 38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer -- Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer -- Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (x) Any other information or documentation required by the contract (e.g., evidence of shipment). (3) Discounts for prompt payment. discount terms of the contract. (The Contractor should date invoices as close as possible to the date of the mailing or The TIN is required for all payees subject to the U.S. Internal The designated payment office will take cost-effective discounts, if the payment is made within the(4) Contract financing payment. If this contract provides for contract financing, the Government will make contact financing payments in accordance with the applicable contract financing clause. (5) Overpaymennts. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall -- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment, including the -- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittancce and supporting documentation to the Contracting Officer. M67854-11-R-5022 Page 36 of 98 (6) Periodic Review. The Head of the Contracting Activity shall make subsequent determinations as the operational area evolves into a more stable environment to enable the provisions of the Prompt Payment Act to apply. (End of clause) CLAUSES INCORPORATED BY FULL TEXT MARCORSYSCOM WAWF INSTRUCTIONS TO CONTRACTORS 1. ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008) In compliance with DFARS 252.232-7003, "Electronic Submission of Payment Request and Receiving Reports (March 2008)", the United States Marine Corps (USMC) utilizes WAWF-RA to electronically process vendor request for payment. The contractor is required to utilize this system when processing invoices and receiving reports under this contract. The contractor shall (i) ensure an Electronic Business Point of Contract (POC) is designated in Central Contractor Registration at http://www.ccr.gov and (ii) register to use WAWF-RA at the https://wawf.eb.mil/ within ten (10) days after award of the contract or modification incorporating WAWF-RA into the contract. Step by step procedures to register are available at the https://wawf.eb.mil/. The USMC WAWF-RA point of contact for this contract is (1)______TBD_________ and can be reached on (2)###-###-#### or via email at (3)_______TBD___________. The alternate USMC WAWF-RA point of contact is (4)____TBD________ and can be reached on (5) ###-###-#### or via email at (6)______TBD_______. The contactor is directed to use the combo_ format when processing invoices and receiving reports. For all requirements, the contractor shall use the Marine Corps Systems Command DODAAC (M67854) as the DODAAC for all shipping addresses, even if the ship-to address is other than the Marine Corps Systems Command. DFAS-Columbus P.O. Box 369022 Attn:Kansas-M67443 Columbus, Ohio 43236-9022 E-Mail: CCO-KC-VPIS@DFAS.MIL (Vendor Pay) PHONE: 1-800-756-4571 #2 then #4 (MOCAS = #1 then #4) WAWF: https://wawf.eb.mil/ <https://wawf.eb.mil/> My Invoice: https://myinvoice.csd.disa.mil <https://myinvoice.csd.disa.mil> Data entry information in WAWF: Payment Office DoDAAC: (8a)____M67854_____ Issue By DoDAAC: (8b)____M67854______ Admin Office DoDAAC: (8c)______M67854____ Ship To/Service Acceptor DoDAAC: (8d)___TBD_______/EXT _____ Contract Number: (8e)_______TBD___________ M67854-11-R-5022 Page 37 of 98 Before closing out of an invoice session in WAWF-RA, but after submitting your document or documents, the contractor will be prompted to send additional email notifications. The contractor shall click on “ Send Additional Email Notifications” block on the page that appears. Add the primary point of contact’s email address(provided above) in the first email address block and add the alternate point of contact’s email address in the following block. This additional notification to the government is important to ensure the appropriate point of contact is aware that the invoice documents have been submitted into the WAWF-RA system. NOTE: The POCs identified above are for WAWF issues only. Any other contracting questions/problems should be addressed to the POC identified in Section A of the contract. 1.2. DELEGATION OF AUTHORITY FOR CONTRACT ADMINISTRATION The Administrative Contracting Officer (ACO) of the cognizant Defense Contract Management Agency (DCMA) will be designated as the authorized representative of the Contracting Officer for purposes of administering this contract in accordance with FAR 42.3. 952.222-0001 PROHIBITION AGAINST HUMAN TRAFFICKING, INHUMANE LIVING CONDITIONS, AND WITHHOLDING OF EMPLOYEE PASSPORTS (JUL 2010) (a) All contractors (“contractors” refers to both prime contractors and all subcontractors at all tiers) are reminded of the prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person, to prevent or restrict or to attempt to prevent or restrict, without lawful authority, the person’s liberty to move or travel, in order to maintain the labor or services of that person, when the person is or has been a victim of a severe form of trafficking in persons. (b) Contractors are also required to comply with the following provisions: (1) Contractors shall only hold employee passports and other identification documents discussed above for the shortest period of time reasonable for administrative processing purposes. (2) Contractors shall provide all employees with a signed copy of their employment contract, in English as well as the employee’s native language that defines the terms of their employment/compensation. (3) Contractors shall not utilize unlicensed recruiting firms, or firms that charge illegal recruiting fees. (4) Contractors shall be required to provide adequate living conditions (sanitation, health, safety, living space) for their employees. Fifty square feet is the minimum acceptable square footage of personal living space per employee. Upon contractor’s written request, contracting officers may grant a waiver in writing in cases where the existing square footage is within 20% of the minimum, and the overall conditions are determined by the contracting officer to be acceptable. A copy of the waiver approval shall be maintained at the respective life support area. (5) Contractors shall incorporate checks of life support areas to ensure compliance with the requirements of this Trafficking in Persons Prohibition into their Quality Control program, which will be reviewed within the Government’s Quality Assurance process. (6) Contractors shall comply with international laws regarding transit/exit/entry procedures, and the requirements for work visas. Contractors shall follow all Host Country entry and exit requirements, including requirements for visas and work permits. M67854-11-R-5022 Page 38 of 98 (c) Contractors have an affirmative duty to advise the Contracting Officer if they learn of their employees violating the human trafficking and inhumane living conditions provisions contained herein. Contractors are advised that contracting officers and/or their representatives will conduct random checks to ensure contractors and subcontractors at all tiers are adhering to the law on human trafficking, humane living conditions and withholding of passports. (d) The contractor agrees to incorporate the substance of this clause, including this paragraph, in all subcontracts under his contract. (End of Clause) 952.223-0001 REPORTING KIDNAPPINGS, SERIOUS INJURIES AND DEATHS (JUL 2010) Contractors shall notify the Contracting Officer, as soon as practicable, whenever employee kidnappings, serious injuries or deaths occur. Report the following information: Contract Number Contract Description & Location Company Name Reporting party: Name Phone number e-mail address Victim: Name Gender (Male/Female) Age Nationality Country of permanent residence Incident: Description Location Date and time Other Pertinent Information (End of Clause) 952.225-0003 FITNESS FOR DUTY AND MEDICAL/DENTAL CARE LIMITATIONS (NOV 2010) (a) The contractor shall perform the requirements of this contract notwithstanding the fitness for duty of deployed employees, the provisions for care offered under this section, and redeployment of individuals determined to be unfit. Contractor personnel who deploy for multiple tours, for more than 12 months total must be re-evaluated for fitness to deploy. An examination will remain valid for 15 months from the date of the physical. The contractor bears the responsibility for ensuring all employees are aware of the conditions and medical treatment available at the performance location. The contractor shall include this information and requirement in all subcontracts with performance in the theater of operations (b) The contractor shall not deploy an individual with any of the following conditions unless approved by the appropriate CENTCOM Service Component (ie. ARCENT, AFCENT, etc.) Surgeon: Conditions which prevent the wear of personal protective equipment, including protective mask, ballistic helmet, body armor, and chemical/biological protective garments; conditions which prohibit required theater immunizations or medications; M67854-11-R-5022 Page 39 of 98 conditions or current medical treatment or medications that contraindicate or preclude the use of chemical and biological protective’s and antidotes; diabetes mellitus, Type I or II, on pharmacological therapy; symptomatic coronary artery disease, or with myocardial infarction within one year prior to deployment, or within six months of coronary artery bypass graft, coronary artery angioplasty, or stenting; morbid obesity (BMI >/= 40); dysrhythmias or arrhythmias, either symptomatic or requiring medical or electrophysiological control; uncontrolled hypertension, current heart failure, or automatic implantable defibrillator; therapeutic anticoagulation; malignancy, newly diagnosed or under current treatment, or recently diagnosed/treated and requiring frequent subspecialist surveillance, examination, and/or laboratory testing; dental or oral conditions requiring or likely to require urgent dental care within six months’ time, active orthodontic care, conditions requiring prosthodontic care, conditions with immediate restorative dentistry needs, conditions with a current requirement for oral-maxillofacial surgery; new onset (< 1 year) seizure disorder, or seizure within one year prior to deployment; history of heat stroke; Meniere’s Disease or other vertiginous/motion sickness disorder, unless well controlled on medications available in theater; recurrent syncope, ataxias, new diagnosis (< 1year) of mood disorder, thought disorder, anxiety, somatoform, or dissociative disorder, or personality disorder with mood or thought manifestations; unrepaired hernia; tracheostomy or aphonia; renalithiasis, current; active tuberculosis; pregnancy; unclosed surgical defect, such as external fixeter placement; requirement for medical devices using AC power; HIV antibody positivity; psychotic and bipolar disorders. (Reference: Mod 10 to USCENTCOM Individual Protection and Individual/Unit Deployment Policy, Tab A: Amplification of the Minimal Standards of Fitness for Deployment to the CENTCOM AOR). (c) In accordance with military directives (DoDI 3020.41, DoDI 6000.11, CFC FRAGO 09-1038, DoD PGI 225.74), resuscitative care, stabilization, hospitalization at Level III (emergency) military treatment facilities and assistance with patient movement in emergencies where loss of life, limb or eyesight could occur will be provided. Hospitalization will be limited to emergency stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system. (d) Routine and primary medical care is not authorized. Pharmaceutical services are not authorized for routine or known, routine prescription drug needs of the individual. Routine dental care, examinations and cleanings are not authorized. (e) Notwithstanding any other provision of the contract, the contractor shall be liable for any and all medically- related services or transportation rendered. To view reimbursement rates that will be charged for services at all DoD deployed medical facilities please go to the following website: http://comptroller.defense.gov/rates/fy2011.html (change fiscal year as applicable). (End of Clause) 952.225-0004 COMPLIANCE WITH LAWS AND REGULATIONS (JUL 2010) (a) The Contractor shall comply with, and shall ensure that its employees and its subcontractors and their employees, at all tiers, are aware of and obey all U.S. and Host Nation laws, Federal or DoD regulations, and Central Command orders and directives applicable to personnel in Iraq and Afghanistan, including but not limited to USCENTCOM, Multi-National Force and Multi-National Corps operations and fragmentary orders, instructions, policies and directives. (b) Contractor employees shall particularly note all laws, regulations, policies, and orders restricting authority to carry firearms, rules for the use of force, and prohibiting sexual or aggravated assault. Contractor employees are subject to General Orders Number 1, as modified from time to time, including without limitation, their prohibition on privately owned firearms, alcohol, drugs, war souvenirs, pornography and photographing detainees, human casualties or military security measures. (c) Contractor employees may be ordered removed from secure military installations or the theater of operations by order of the senior military commander of the battle space for acts that disrupt good order and discipline or violate applicable laws, regulations, orders, instructions, policies, or directives. Contractors shall immediately comply with any such order to remove its contractor employee. M67854-11-R-5022 Page 40 of 98 (d) Contractor employees performing in the USCENTCOM Area of Responsibility (AOR) may be subject to the jurisdiction of overlapping criminal codes, including, but not limited to, the Military Extraterritorial Jurisdiction Act (18 U.S.C. Sec. 3261, et al) (MEJA), the Uniform Code of Military Justice (10 U.S.C. Sec. 801, et al)(UCMJ), and the laws of the Host Nation. Non-US citizens may also be subject to the laws of their home country while performing in the USCENTCOM AOR. Contractor employee status in these overlapping criminal jurisdictions may be modified from time to time by the United States, the Host Nation, or by applicable status of forces agreements. (e) Under MEJA, a person who engages in felony misconduct outside the United States while employed by or accompanying the Armed Forces is subject to arrest, removal and prosecution in United States federal courts. Under the UCMJ, a person serving with or accompanying the Armed Forces in the field during a declared war or contingency operation may be disciplined for a criminal offense, including by referral of charges to a General Court Martial. Contractor employees may be ordered into confinement or placed under conditions that restrict movement within the AOR or administratively attached to a military command pending resolution of a criminal investigation. (f) Contractors shall immediately notify military law enforcement and the Contracting Officer if they suspect an employee has committed an offense. Contractors shall take any and all reasonable and necessary measures to secure the presence of an employee suspected of a serious felony offense. Contractors shall not knowingly facilitate the departure of an employee suspected of a serious felony offense or violating the Rules for the Use of Force to depart Iraq or Afghanistan without approval from the senior U.S. commander in the country. (End of Clause) 952.225-0005 MONTHLY CONTRACTOR CENSUS REPORTING (JUL 2010) Contractor shall provide monthly employee census information to the Contracting Officer, by province, for this contract. Information shall be submitted either electronically or by hard-copy. Information shall be current as of the 25th day of each month and received by the Contracting Officer no later than the first day of the following month. The following information shall be provided for each province in which work was performed: (1) The total number (prime and subcontractors at all tiers) employees. (2) The total number (prime and subcontractors at all tiers) of U.S. citizens. (3) The total number (prime and subcontractors at all tiers) of local nationals (LN). (4) The total number (prime and subcontractors at all tiers) of third-country nationals (TCN). (5) Name of province in which the work was performed. (6) The names of all company employees who enter and update employee data in the Synchronized Predeployment & Operational Tracker (SPOT) IAW DFARS 252.225-7040 or DFARS DOD class deviation 2007-O0010. (End of Clause) 952.225-0006 CONTRACT DELIVERY REQUIREMENTS (JUL 2010) REQUIRED DELIVERY DATE: __________________________ CONTRACTOR DELIVERY LOCATION: __________________________ POINT-OF-CONTACT RESPONSIBLE FOR INSPECTION & ACCEPTANCE: Name: __________________________ M67854-11-R-5022 Page 41 of 98 Phone No.: __________________________ email: __________________________ FINAL DELIVERY DESTINATION: ___________________________________ POINT-OF-CONTACT AT FINAL DESTINATION: ______________________ Name: __________________________ Phone No.: __________________________ email: __________________________ REQUIRING ACTIVITY: ____________________________________________ (End of Clause) 952.225-0009 MEDICAL SCREENING AND VACCINATION REQUIREMENTS FOR THIRD COUNTRY NATIONALS OR LOCALLY HIRED EMPLOYEES OPERATING IN THE CENTCOM AREA OF RESPONSIBILITY (AOR) (NOV 2010) (a) Contractors, and subcontractors at any tier shall ensure and provide satisfactory evidence that all locally hired employees, including Local National (LN), Third Country National (TCN), and U.S. employees, working on bases have been screened for and do not currently have active tuberculosis (TB). (1) Contractors may initially utilize a testing method of either a chest x-ray or TB skin test (TST), depending on the originating country a contracted employee. (i) Chest x-rays (CXR's), symptom survey, and Body Mass Index (BMI) shall be taken, and TSTs administered within 12 months prior to the start of deployment/employment. Contractors are required to bring in a physical copy of the pre-employment CXR film as it is the only way to verify interval changes should an active case of TB occur. (A) Third Country Nationals (TCNs) and Local Nationals (LNs) cannot be screened with the TST. They need the pre-employment screening with a quality CXR, Body Mass Index (BMI) and symptom survey (B) Small-Risk Nationals (SRNs), those with less than 25 TB cases per 100,000 persons annually (mostly expats from Europe and US), can be screened via the TST. (ii) Annual re-screening for TCNs, and LNs will be performed with a CXR conducted by the Contractors medical provider or local economy provider, who will look for interval changes from prior CXR’s and review any changes in the symptom survey. (iii) SRN’s do not require annual TB re-screening. However, for a TB contact investigation, a TST or Interferon Gamma Release Assay (IGRA) is required. (iv) For a contact investigation, all personnel with a positive TST or IGRA will be evaluated for potential active TB with a symptom screen, exposure history, BMI, and CXR. All cases of suspected or confirmed active TB must be reported to the theater Preventive Medicine (PM) physician and/or TB Consultant as soon as possible. TB reporting is required within 24 hours to the PM POC. Contact tracing, and medical coding have specific requirements. All Small-Risk National (SRN) contract personnel are required to be MEDEVAC’d out of theater, at the contractor’s expense, for treatment of active TB, after consultation with the Theater PM or TB M67854-11-R-5022 Page 42 of 98 Consultant at the USF-I Surgeon’s office. For SRN personnel, the contractor is responsible for management and compliance with all prescribed public health actions. (v) Screening may be performed either by a licensed medical provider from the local economy or by the contractors’ licensed medical staffs. Contractors shall maintain medical screening documentation and make it available to the Contracting Officer upon request. (2) TB screening and documentation is a requirement prior to receiving badges to work in the Iraq Joint Operations Area. A copy of the TB screening documentation shall be provided to the responsible Base Operations Center (BOC) prior to issuance of base access badges. (b) Contractor employees, including subcontractors at any tier, who work in positions where they are working in food service, water and ice production facilities, shall have current Typhoid and Hepatitis “A” (full series) immunizations in accordance with the Centers for Disease Control and Prevention guidelines (e.g. typhoid vaccination booster is required every 2 years), in addition to the required TB tests. The contractor medical provider must complete a pre-placement examination to include a stool sample test for ova and parasites, and annual medical screening form or equivalent for food service, ice and water production workers. (c) Proof of individual employee vaccinations shall be provided to the Contracting Officer and COR showing that their employees and their subcontractor employees at any tier have received the above vaccinations. The contractor shall maintain their employees’ vaccination records for examination by the Contracting Officer. The contractor shall ensure that their subcontractors at any tier maintain their respective employees’ vaccination records for examination by the Contracting Officer. (d) The contractor is responsible for management and compliance with all prescribed public health actions regarding TB in the contracted personnel. The contractor also bears the responsibility of ensuring that adequate health management for TB (screening / diagnosis / treatment / isolation) is available at the contractor’s chosen health care provider for their contracted and subcontracted personnel. NOTE: Contractors are reminded of the requirement to comply with their contract and all regulatory guidance (DoD Instructions/Regulations, Federal Acquisition Regulation/Defense Federal Acquisition Regulation Supplement, and FRAGO’s) as applicable regarding Medical Screening and Vaccination Requirements. (End of Clause) 952.225-0011 GOVERNMENT FURNISHED CONTRACTOR SUPPORT (JUL 2010) The following is a summary of the type of support the Government will provide the contractor, on an “as- available” basis. In the event of any discrepancy between this summary and the description of services in the Statement of Work, this clause will take precedence. U.S. Citizens Accompanying the Force APO/FPO/MPO/Postal Services DFACs Mil Issue Equip Authorized Weapon Excess Baggage MILAIR Billeting Fuel Authorized MWR CAAF Govt Furnished Meals Resuscitative Care Controlled Access Card Military Banking Transportation (CAC)/ID Card Military Clothing All Commissary Military Exchange None Dependents Authorized Third-Country National (TCN) Employees M67854-11-R-5022 Page 43 of 98 APO/FPO/MPO/Postal Services DFACs Mil Issue Equip Authorized Weapon Excess Baggage MILAIR Billeting Fuel Authorized MWR CAAF Govt Furnished Meals Resuscitative Care Controlled Access Card Military Banking Transportation (CAC)/ID Card Military Clothing All Commissary Military Exchange None Dependents Authorized Local National (LN) Employees APO/FPO/MPO/Postal Services DFACs Mil Issue Equip Authorized Weapon Excess Baggage MILAIR Billeting Fuel Authorized MWR CAAF Govt Furnished Meals Resuscitative Care Controlled Access Card Military Banking Transportation (CAC)/ID Card Military Clothing All Commissary Military Exchange None Dependents Authorized (End of Clause) 952.225-0013 CONTRACTOR HEALTH AND SAFETY (NOV 2010) (a) Contractors shall comply with all National Electrical Code (NEC 2008), Specifications as outlined, and MIL Standards and Regulations. All infrastructure to include, but not limited to, living quarters, showers, and restrooms shall be installed and maintained in compliance with these standards and must be properly supported and staffed to ensure perpetual Code compliance, prevent hazards and to quickly correct any hazards to maximize safety of those who use or work at the infrastructure (NEC Table 352.20). Specifically, the use of magnetic ballasts in lighting for new construction or replacement of existing magnetic ballasts during refurbishment, alterations or upgrades with new magnetic ballasts is prohibited. The government has the authority to enter and inspect contractor employee living quarters at any time to ensure the prime contractor is complying with safety compliance standards outlined in the 2008 National Electric Code (NEC). (b) The contractor shall correct all deficiencies within a reasonable amount of time of contractor becoming aware of the deficiency either by notice from the government or a third party, or discovery by the contractor. Further guidance on mandatory compliance with NFPA 70: NEC 2008 can be found on the following link http://www.nfpa.org. (End of Clause) 952.225-0016 CONTRACTOR DEMOBILIZATION (NOV 2010) (a) Full demobilization of contractors and subcontractor(s) in the Iraq/Afghanistan Combined/Joint Operations Area (CJOA) is critical to Responsible Drawdown. The prime contractor is required to submit a demobilization plan to the Contracting Officer a minimum of 30 days prior to the end M67854-11-R-5022 Page 44 of 98 of the contract performance period or when requested by the Contracting Officer. The demobilization plan shall address, as a minimum, the following procedures detailed below. The procedures outline specific guidance to ensure a timely and responsible exit from Iraq. Prime contractors are responsible and accountable to ensure their subcontractor(s) at all tiers comply with responsible and timely exit from Iraq immediately following contract performance completion or termination. (1) Exit from Iraq: The prime contractor shall follow the exit guidance issued by the United States (U.S.) Embassy Baghdad and shall ensure subcontractor(s) at all tiers also follow the exit procedures. The prime contractor is responsible to remain cognizant of Iraqi laws regarding exit from Iraq. Currently, all foreigners traveling out of Iraqi airports via commercial air transportation must have exit visas. Department of Defense, U.S. Forces-Iraq, Letters of Authorization (LOAs), and/or Embassy Badges are no longer the accepted means of exiting Iraq. All U.S. citizens and foreign national contractors must obtain an Iraqi exit sticker before departing the country. The exit sticker may be obtained from selected police stations or Ministry of Interior (MOI) offices. It is the prime contractor’s responsibility to ensure that the most recent exit procedures are followed and to ensure that subcontractor(s) at all tiers are in compliance with exit procedures. Assistance for this procedure may be obtained by e-mailing email@example.com or phone 240-553-0581, ext 2782 or ext 2092. (i) Letter of Authorization (LOA): The prime contractor is responsible for demobilizing its workforce, including subcontractor employees at all tiers, and all contractor owned and subcontractor owned equipment out of theater as part of the prime contractor’s exit strategy. This exit strategy must include reasonable timeframes starting with the end of the contract performance period and not exceeding 30 days. The Contracting Officer has the authority to extend selected LOAs up to, but not exceeding 30 calendar days after the contract completion date to allow the prime contractor to complete demobilization of its workforce and contractor owned equipment, as well as subcontractor(s) workforce and owned equipment, out of the Iraq/Afghanistan CJOA. The prime contractor shall notify the Contracting Officer a minimum of 30 days prior to the end of the contract period to request up to a 30-day extension of selected LOAs beyond the contract completion date to complete demobilization. The request shall include at a minimum: (ii) the name of each individual requiring a new LOA; (iii) the number of days for the LOA (no more than 30 calendar days); and (iv) justification for the request (e.g., what function the individual(s) will be performing during the demobilization period). The Contracting Officer may request additional information for an LOA extension. Any LOA extension granted beyond the contract completion date shall not exceed 30 days and the contractor is not entitled to additional compensation for this period. If approved by the contracting officer, this is a no cost extension of an employee’s LOA M67854-11-R-5022 Page 45 of 98 due to demobilization and in no way is an extension of the contract performance period. (v) Badging: The prime contractor is responsible to ensure all employee badges, including subcontractor employees at all tiers, are returned to the local Access Control Badging Office for de-activation and destruction. The prime contractor shall submit a Badge Termination Report to ensure each record is flagged and the badge is revoked. If a prime and/or subcontractor employee’s badge is not returned, the prime contractor shall submit a Lost, Stolen or Unrecovered Badge Report to the appropriate Access Control Badging Office. Contractor employees in possession of a Common Access Card (CAC) shall be responsible for turning in the CAC upon re-deployment through a CONUS Replacement Center in the U.S. Failure to return employee badges in a timely manner may result in delay of final payment. (vi) Contractor Controlled Facility Space: If the prime contractor has entered into a Memorandum of Understanding with the Installation Mayor or Garrison for site space, buildings, facilities, and/or Containerized Housing Units (CHU) to house prime and/or subcontractor employees (at all tiers), the prime contractor is responsible to notify the Installation Mayor or Garrison Commander of intent to vacate at least 90 calendar days prior to the end of the contract performance period. All United States Government (USG) provided property in the prime contractor’s possession must be returned to the USG in satisfactory condition. The prime contractor is responsible and liable for any and all damages to USG property caused by prime and/or subcontractor employees, and shall be further liable for all cleanup, clearing, and/or environmental remediation expenses incurred by the USG in returning prime contractor and/or subcontractor facilities including surrounding site to a satisfactory condition, including expenses incurred in physically moving property, trash, and refuse from such premises, removing/ remediating hazardous wastes on the premises, and repairing structures, buildings, and facilities used by the prime contractor and/or subcontractor. The prime contractor shall provide notification to the Installation Mayor or Garrison Commander to perform an inspection of all facilities as soon as practicable, but no more than 30 days, after the end of the contract period. If damages are discovered, the prime contractor shall make the necessary repairs. The prime contractor shall notify the Installation Mayor or Garrison Commander for re- inspection of the facilities upon completion of the repairs. If the Installation Mayor or Garrison Commander inspects the property, site space, buildings, facilities, and/or CHUs and finds they have not been properly cleaned, cleared, and/or environmentally remediated, or if the prime contractor fails to repair any damages within 30 calendar days after the end of the contract performance period, the final contract payment shall be reduced by the amount of the specified damages/repairs or the expenses incurred by the USG to properly clean, clear, and/or environmentally remediate the premises. (vii) Government Furnished Equipment/Materials: The prime contractor is responsible to return all USG furnished equipment, as defined in Federal Acquisition Regulation (FAR) Part 45, clauses 52.245-1, 52.245-2, and 52.245-5, if included in the contract. Prime contractors who are not in compliance with the FAR, Defense M67854-11-R-5022 Page 46 of 98 Federal Acquisition Regulation Supplement, Department of Defense Directives and Instructions, United States Forces-Iraq (USF-I) FRAGO’s, United States Forces- Afghanistan (USFOR-A) FRAGOs, policies, or procedures will be responsible and liable for damages to the government property. The prime contractor may apply for a “relief of responsibility” from the Contracting Officer anytime during the contract performance period. A joint inventory shall be conducted of the equipment by the prime contractor, USG representative, and the Contracting Officer or their representative, within 10 calendar days after the end of the contract performance period. The prime contractor shall report lost, damaged or destroyed property immediately to the Contracting Officer, but no later than the joint inventory at the end of the contract period. If the prime contractor fails to report lost, damaged or destroyed equipment or materials during the contract performance period, the prime contractor shall be responsible for the replacement and/or repair of the equipment or materials. The replaced equipment shall be new, of the same quality, and shall perform at the same functional level as the missing piece of equipment. If the prime contractor fails to repair and/or replace damaged or missing equipment, the final payment shall be reduced by the appropriate amount of the specified damages or cost to replace missing equipment with new. (viii) Synchronized Predeployment Operational Tracker (SPOT): The prime contractor is responsible to close out the deployment of personnel, including subcontractor employees at all tiers, at the end of the contract completion period and to release the personnel from the prime contractor’s company in the SPOT database. The release of employee information must be accomplished no more than 30 calendar days after the end of the contract completion date. (ix) Accountability of Prime and Subcontractor Personnel: Whether specifically written into the contract or not, it is the expectation of the USG that for any persons brought into Iraq for the sole purposes of performing work on USG contracts, contract employers will return employees to their point of origin/home country once the contract is completed or their employment is terminated for any reason. If the prime contractor fails to re-deploy an employee, or subcontractor employee at any tier, the USG shall notify the U.S. Embassy Baghdad, to take appropriate action. Failure by the prime contractor to re-deploy its personnel, including subcontractor personnel at any tier, at the end of the contract completion date, could result in the contractor being placed on the Excluded Parties List System (EPLS) and not be allowed to propose on future U.S. contracts anywhere in the world. (b) CENTCOM Contracting Command (C3) and external agencies will utilize all available contracting remedies to guarantee compliance with demobilization requirements. Such actions include, but are not limited to withholding payment, issuing a cure notice, issuing a negative Contractor Performance Assessment Reporting System (CPARS) evaluation, reduction of award fee, debarment, reimbursement of U.S. Government expenses, and/or any other legal remedy available to a contracting officer. The USG reserves the right to withhold payment from the prime contractor not in compliance with the above procedures included herein. Additionally, the Contracting M67854-11-R-5022 Page 47 of 98 Officer shall document all unresolved contractor compliance issues in CPARS, which shall have an adverse past performance affect on future contracts with the USG, anywhere in the world. (End of Clause) STATEMENT OF WORK Attachment 1 - STATEMENT OF WORK RUGGED MOBILE NON-INTRUSIVE INSPECTION SYSTEM (RMNIIS) 1. SCOPE. This Statement of Work (SOW) sets forth the work efforts required to procure logistic support, technical support, field service support and training, technical manuals, provisioning technical documentation, prepare associated documentation, and deliver the Rugged Mobile Non-Intrusive Inspection Systems (RMNIIS). The Contractor shall deliver RMNIIS Systems that meet the requirements of the Performance Specification (P-Spec), in accordance with (I/A/W) the system engineering, program management and control tasks described herein. This SOW includes the associated Program and Data Management, Meeting and Reviews, System Engineering, Producibility, Environment, Safety and Occupational Health, Configuration Management, Engineering Drawings, Integrated Logistics Support, Maintenance Planning, Supply Support, Technical Publications, Support Equipment, Transportability, and Contractor Performance Measurement. 2. APPLICABLE DOCUMENTS The following documents specified form a part of this SOW to the extent specified herein, and provide references to both Government and contractor requirements. The most recent revision of the referenced document at the time of contract shall be used unless otherwise specified. In the event of conflict between the applicable documents and this SOW, the SOW shall take precedence. Nothing in this document, however, supersedes applicable laws and regulations unless a specific exemption has been obtained. References cited within the following documents herein are hereby incorporated by reference. 2.1. Military Standards (MIL-STD) and Specifications (Spec) MIL-PRF-29612 Training Data Products MIL-PRF-32216 Evaluation of Commercial Off-The-Shelf (COTS) Manuals and Preparation of Supplemental Data MIL-PRF-49506 Logistics Management Information MIL-STD-129 Military Marking for Shipment and Storage MIL-STD-882 Standard Practice for System Safety MIL-STD-1332 Definitions of Tactical, Prime, Precise, and Utility Terminologies for Classification of the DoD Mobile Electric Power Engine Generator Set Family MIL-STD-1366 DoD Interface Standard for Transportability Criteria MIL-STD-1472 Human Engineering MIL-STD-2073-1 DoD Standard Practice for Military Packaging OPNAVINST 6470.3 Navy Radiation Safety Committee M67854-11-R-5022 Page 48 of 98 OPNAVINST 3100.6G Special Incident Reporting (OPREP-3) Navy Blue and Unit Sit Rep Procedures NAVSEA SO420-AA-RAD-010 (RAD-010) NAVMED P-5055 Radiation Health Protection Manual MCO P4790.1 Marine Corps Integrated Maintenance Management System (MIMMS) Introduction Manual [MIMMS Introduction Manual] MCO 5104.3A Marine Corps Radiation Safety Program MCO 5100.29A Marine Corps Safety Program MCO P4400.150E Consumer Level Supply Policy Manual 2.2. Military Handbooks (MIL-HDBK) MIL-HDBK-61 Configuration Management Guidance MIL-HDBK-502 Acquisition Logistics MIL-HDBK-512 Parts Management MIL-HDBK-633 Mobile Electric Power Engine Generator Standard Family General Characteristics MIL-HDBK-781 Reliability Test Methods, Plans, and Environments for Engineering Development, Qualification, and Production MIL-HDBK-46855 Human Engineering Program Process and Procedures MIL-HDBK-1791 Military Handbook Designing For Internal Aerial Delivery in Fixed Wing Aircraft MIL-HDBK-454A Safety Design Criteria - Personnel Hazards SDDCTEA PAMPHLET 55-19 Tie down Handbook for Rail Movements SDDCTEA PAMPHLET 55-20 Tie down Handbook for Truck Movements SDDCTEA PAMPHLET 70-1 Transportability for Better Deployability SDDCTEA PAMPHLET 700-2 Logistics Handbook for Strategic Mobility Planning Copies of Military Surface Deployment and Distribution Command Transportation Engineering Agency (SDDCTEA) Pamphlets can be obtained from the Military Surface Deployment and Distribution Command Transportation Engineering Agency website http://www.tea.army.mil/pubs/pubs_order.htm. 2.3. Other Government Documents Unless otherwise stated, the following documents may be obtained from the Document Automation and Production Service, Building 4/D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, or visit http://dodssp.daps.mil. 29 CFR 1910 Occupational Safety and Health Standards The Code of Federal Regulations (CFR) and the Federal Register are for sale on a subscription basis by the Superintendent of Documents, U.S. Government printing office, Washington, DC 20402. When indicated, reprints of certain regulations may be obtained from the Federal agency responsible for issuance thereof. DII COE I&RTS Defense Integration Information Common Operating Environment Integration and Runtime Specification FED-STD-313 Material Safety Data, Transportation Data and Disposal Data for Hazardous Materials (HAZMAT) Furnished to Government Activities NAVSEAINST 9310.1 Naval Lithium Battery Safety Program M67854-11-R-5022 Page 49 of 98 TM S9310-AQ-SAF-010 Technical Manual for Batteries, Navy Lithium Safety Program Responsibilities and Procedures (Copies of Technical Manual (TM) S9310-AQ-SAF-010 is available from Naval Weapons Support Center, Code 3057, Building 36, Crane, IN 47522-5060) M67854-11-R-5022 Page 50 of 98 2.4. Non-Government Documents ANSI X3.27 File Structure and Labeling of Magnetic Tapes for Information Interchange (Copies of ANSI X3.27 are available from www.ansi.org or American National Standards Institute (ANSI), 1819 L Street, NW, 6th Floor, Washington, DC 20036.) ASME Y14.34 Associated Lists ASME Y14.100 Engineering Drawing Practices (Copies of American Society of Mechanical Engineers (ASME) documents are available from www.asme.org or American Society of Mechanical Engineers Information Central Orders/Inquiries, P.O. Box 2300, Fairfield, NJ 07007-2300.) ASTM D3951 Standard Practice for Commercial Packaging ASTM D4169-01e1 Standard Practice for Performance Testing of Shipping Containers and Systems (Copies of American Society for Testing and Material (ASTM) documents are available from www.astm.org or American Society for Testing and Materials International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.) EIA-649 National Consensus Standard for Configuration Management (Copies of Electronic Industries Alliance (EIA) documents are available from www.eia.org or Electronic Industries Alliance Corporate Engineering Department, 2500 Wilson Boulevard, Arlington, VA, 22201.) IEEE/EIA 12207 Standard for Information Technology – Software Life Cycle Processes (Copies of Institute of Electrical and Electronics Engineers (IEEE) / EIA 12207 are available from www.ieee.org or Institute of Electrical and Electronics Engineers Service Center, 445 Hoes Lane, Piscataway, NJ 08854-1331.) NAS 411 HAZMAT Management Program (Copies of National Aerospace Standard (NAS) 411 are available from www.aia-aerospace.org or Aerospace Industries Association of America, 1250 Eye Street, NW, Suite 1200, Washington, DC 20005- 3924.) 3. SYSTEM REQUIREMENTS. System requirements shall be in accordance with the RMNIIS Performance Specification (P-Spec). 3.1. Concept of Operations. The contractor shall develop, update, and maintain a concept of operations for the system that describes how the system will be operated, maintained, and training will be conducted. The contractor shall identify effects of the concept of operations on the performance of the system. M67854-11-R-5022 Page 51 of 98 DI-MISC-80508B Technical Report Services 3.2. Program and Data Management 3.2.1. Program Management. The contractor shall establish and maintain program management practices throughout the period of performance. Program management practices shall provide visibility into the contractors’ organization and techniques used in managing the program, specifically subcontractor and data management. Documentation shall be readily available to Government representative(s) during planned visits. DI-MGMT-80227 Contractor’s Progress, Status, and Management Report 3.2.2. Subcontractor Management. The contractor is responsible for performance of requirements delineated in this SOW, and shall institute appropriate management actions relative to subcontractor performance. Requirements that are contractually specified shall apply to subcontractor performance; however, the contractor shall be accountable for compliance of subcontractors and is responsible for ensuring all deliverable products comply with the contract requirements. 3.2.3. Data Management. The contractor shall establish a system for management of all data required under this contract. The contractor, in developing information that will be furnished to the Government, shall make the maximum use of existing data and provide maximum multiple use of technical information. Any electronic databases or applications used to store, track, share, transmit or display information pertaining to this contract shall be web-based. Government use of any data management system shall not require installation of client software on Government computer systems (with the exception of Internet Explorer and Microsoft Office). Specific data management functions shall include schedule control for deliverables, maintenance of deliverables, and approval of deliverable format, distribution, and delivery of data products. The system shall include facilities for storage of all data developed or utilized for this contract, and shall provide equal access to data by the Government. The contractor shall ensure all data is centrally available for Government review to ensure continuity of the system fabrication and supporting documentation. The Government reserves the right to review all data associated with and developed for the RMNIIS. 220.127.116.11. Schedule Planning. The contractor shall maintain an accurate schedule of program events and recommended program schedules, including review and evaluation techniques, which provide for the earliest delivery schedule while at the same time satisfying all requirements in a price effective manner. The program schedule shall include all significant events, and a Program Planning Milestone Chart shall depict major tasks and events from start to completion of the contract. The contractor shall notify the Government in writing at the earliest possible time, of any anticipated or projected work stoppages or delays that will impact schedules. DI-MGMT-80797 Producibility Analysis Report 18.104.22.168. Assignment of Responsibility and Authority. The contractor shall identify the organizational elements responsible for the conduct of the activities delineated in this SOW. Responsibilities shall be assigned and clear lines of authority defined for determining and controlling the resources necessary to satisfy each element of this SOW. 22.214.171.124. IAW contract clauses 252.22707015 and 252.22707027, the contractor shall be prepared to deliver, within 90 days of a request, unless some other period is specified in a pertinent task or delivery order, any additional technical data (other than detailed manufacturing or process data) requested by the M67854-11-R-5022 Page 52 of 98 Government needed for RMNIIS operation, maintenance, installation, or training. “Additional technical data” referred to here is data: (1) which is not already required to be provided by the contractor under another contractual provision; OR (2) which is already required to be provided by the contractor under another contractual provision, but in another for or format. 3.3. Meetings, Formal Reviews, Conferences, and Audits 3.3.1. Contractor Responsibilities. The contractor shall plan, host, attend, coordinate, support, and conduct meetings, formal reviews, conferences, and audits (hereinafter called "reviews"). The reviews shall be conducted at Government and contractor facilities. Reviews requiring demonstration and/or examination of equipment shall be conducted at the contractor's facility. All such reviews shall be included in the program schedule and may be held concurrently with the Government’s approval. The contractor shall prepare agendas and conference presentation materials, and provide minutes and reports following each review. The Government reserves the right to cancel any review or to require any review to be scheduled at critical points during the period of performance. Action item documentation, assignment of responsibility for completion and due dates shall be determined prior to adjournment of all reviews. A summary of all action items, responsible parties, and estimated completion dates shall be included with the minutes. DI-ADMN-81249A Conference Agenda DI-ADMN-81250A Conference Minutes 3.3.2. Post Award Conference (PAC). The contractor shall host a PAC at the contractor's facility within 30 days after contract award. The purpose of the PAC is for the contractor to review and demonstrate to the Government the management procedures, provide progress assessments, review of technical and other specialty area status, and to establish schedule dates for near term critical meetings/actions. The contractor shall present management, and program implementation processes. 3.3.3. In-Process Review (IPR). IPRs will be held on a quarterly basis or as needed basis, at a date and location mutually agreed upon. The Government reserves the right to cancel any review or to require any review to be scheduled during the period of performance. The contractor’s progress, management, technical support services (if any), integrated logistics support, administrative, assurance of compliance with contract requirements, program status, funding, problem identification and resolutions shall be agenda items. Actual versus expected performance of each area shall be addressed. The contractor shall prepare presentation materials providing an overview of all agenda items. 3.4. Environment, Safety, and Occupational Health 3.4.1. System Safety. The contractor shall identify and evaluate environmental, safety, and health hazards, define risk levels, and establish a program that manages the probability and severity of all hazards associated with development, use, and disposal of the system I/A/W MIL-STD-882. Residual risks will be evaluated by the Government I/A/W MIL-STD-882 and accepted as appropriate prior to exposing people, equipment, or the environment to known system related Environment, Safety, and Occupational Health (ESOH) risks. The contractor must identify all explosive safety risks as such in the system safety documentation. The safety program shall address personnel and equipment concerns relative to the design, development, testing, use, maintenance, life cycle support, and disposal of the system. 126.96.36.199. Safety Assessment. The contractor shall perform and document a Safety Assessment to identify all safety features of the hardware, software, and system design and to identify procedural, M67854-11-R-5022 Page 53 of 98 hardware and software related hazards that may be present in the RMNIIS including specific procedural controls and precautions that should be followed. In addition, the contractor shall make recommendations applicable to hazards at the interface of the RMNIIS with other system(s). DI-SAFT-80102B Safety Assessment Report 188.8.131.52.1. Safety Assessment Report (SAR). The Government will produce a SAR in which the contractor shall provide its Safety Assessment documentation and System Hazard Analysis, System Safety Hazard Analysis Report, along with Occupational and Support Hazard Analysis documentation for review and incorporation into the SAR. The SAR will document all safety issues clearly identifying any residual risks of the RMNIIS. The Government will submit documentation to the contractor identifying all hazards. The contractor shall submit a signed statement that all identified hazards have been eliminated or their associated risks controlled to acceptable levels and that the RMNIIS is ready to field and operate. In addition, the contractor shall make recommendations applicable to hazards at the interface of the RMNIIS with other systems. DI-SAFT-80102B Safety Assessment Report 184.108.40.206. System Hazard Analysis (SHA) and Report. The contractor shall perform and document a SHA to identify hazards and assess the risk of the total system design, including software, batteries, radiation, and subsystem interfaces. The SHA shall verify system compliance with safety requirements contained in system specifications; identify previously unidentified hazards associated with the subsystem interfaces and system functional faults; and recommend actions necessary to eliminate identified hazards and/or control their associated risk to acceptable levels. The SHA shall include any selected hazards, hazardous areas, or other specific items to be examined or excluded. The contractor shall provide a SSHA report to the Government and identify any residual hazards that require Government acceptance. DI-SAFT-80101B System Safety Hazard Analysis (SSHA) Report 3.4.2. Material Safety Data Sheets (MSDS). The contractor shall make available MSDS to the Government for review. 3.5. Configuration Management (CM) Process. The contractor shall maintain a CM process for the control of all hardware and software configuration documentation, media, and parts representing or comprising the RMNIIS. The principles contained in EIA-649 and MIL-HDBK-61 may be used for guidance. The contractor's CM process shall consist of configuration identification, configuration control, configuration status accounting, and configuration audits. The contractor shall provide all configuration changes to the Government for review. 3.5.1. Configuration Control. The contractor shall maintain Configuration Control of the RMNIIS. The contractor shall implement configuration control methods and procedures, which maintain the integrity and traceability of an established baseline. 220.127.116.11. Engineering Change Proposals (ECP). The contractor shall submit notification to the Government for all ECPs. The Government will review all ECPs prior to implementation on the RMNIIS. 18.104.22.168. Requests for Deviation. The contractor has configuration control of the RMNIIS. The M67854-11-R-5022 Page 54 of 98 contractor shall submit notification to the Government for all deviation to the RMNIIS prior to their implementation. 22.214.171.124. Notification of Changes to Commercial Equipment/Software. The contractor shall submit notification to the Government when changes occur to commercial equipment or software, which is being procured or fabricated by the contractor off-the-shelf, and the Government does not control the Contractor’s design. The contractor shall submit a change notice to the Government implementing any ECPs and the Government will review all ECPs. DI-MISC-80508B Technical Report - Study/Services (CN) 3.6. Engineering Drawings. 3.6.1. Provisioning Technical Documentation. The contractor shall develop/document Engineering Data For Provisioning (EDFP) used to describe parts/equipment and consists of data such as specifications, standards, drawings, photographs, sketches and descriptions, and necessary assembly and general arrangement drawings, schematic drawings, schematic diagrams, wiring and cable diagrams necessary to indicate the physical characteristics, location, and/or function of the items described in the Provisioning Parts List (PPL). Changes to Provisioning Technical Documentation which add to, delete, supersede, or modify items previously listed which are approved for incorporation into the RMNIIS shall be developed and documented by the contractor using a DCN or equivalent notification protocol. DID DI-SESS-81000C Product Drawings/Models and Associated Lists 3.7. Integrated Logistic Support. The contractor shall plan and conduct an Integrated Logistics Support (ILS) program, which shall govern the management of the ILS effort. The ILS effort shall be conducted as an integral part of the development and integration process to define the range and depth of the required support, and address all applicable and related elements of logistics. 3.7.1. ILS Management Team/Integrated Product Team. A joint Government/contractor ILS Management Team/Integrated Product Team (ILSMT/IPT) shall be established to monitor the status of the ILS program implementation. The ILSMT/IPT shall provide a means for coordinating logistic matters, schedules and SOW performance, ensuring adequacy, and timeliness of Government inputs and action, and assisting the Government ILS manager in discharging their responsibilities. The Government will appoint the chairperson of the ILSMT/IPT. Sub-teams or committees may be established as necessary to monitor such program elements as tests or demonstrations. 3.7.2. ILSMT/IPT Meetings. The meetings shall be in conjunction with the quarterly program reviews (IPRs) and shall be held at times and places mutually agreed to by the Government and contractor. 3.7.3. Integrated Logistics Support Process. The contractor shall have a documented ILS process for the RMNIIS. The ILS process shall also assign responsibilities and establish milestones for executing the ILS program. The ILS process shall ensure the RMNIIS, when fielded, will satisfy all supportability criteria. The contractor's program/process shall be available for Government review, upon request. 3.7.4. Contractor Logistics Support (CLS). The contractor shall provide logistics support services for system unique items necessary to maintain the operational readiness of the RMNIIS. CLS shall include M67854-11-R-5022 Page 55 of 98 the following: a. Maintenance b. Supply c. Component Exchange d. Calibration (if required) e. Spare Block f. Technical Assistance g. Failure Analysis h. Warranty Management i. Training (to include radiation safety) 126.96.36.199. Continental United States (CONUS) and Outside the Continental United States (OCONUS) FSR Support. The contractor shall provide CONUS and OCONUS support to all fielded RMNIIS in deployment locations as required, including areas where U.S. and coalition forces are engaged in military operations. The contractor’s FSRs shall: Maintain an operational readiness greater than or equal to 90%. Work closely with the using units, the Marine Corps Systems Command (MCSC) Liaison Officer (LNO) in-theater (OCONUS) or the RMNIIS Site Liaison (CONUS) who will notify FSRs to conduct any repairs or maintenance Ensure the MCSC Program Office is informed within 24 hours of any issues involving systems and/or personnel. Conduct scheduled and unscheduled maintenance Conduct operational, maintenance and train-the-trainer training and mentoring of USMC personnel located in-theater. Provide warranty tracking and report warranty issues to the MCSC Program Office for repair and parts replacement. Provide the necessary tools required in order to perform maintenance activities Support inventory management and parts ordering through the MCSC Program Office. Provide the MCSC Program Office with weekly equipment status readiness reports in an approved format. Note: “The FSRs performing work on this program OCONUS will be hereby designated as civilian noncombatant personnel who are authorized to accompany the military forces of the United States in areas of conflict, combat, and contingency operations and are designated as "mission essential contractor personnel" as defined in DoD Instruction 3020.37.” 188.8.131.52. Deployment Requirements. All FSRs identified for OCONUS deployment must be able to complete the US CENTCOM requirements as per the USCENTCOM Individual Protection and Individual Unit Deployment Policy, Attachment 4. This includes any modifications to the policy which may arise in the future. FSRs must also be capable of obtaining a National Agency Check with Inquiries Background Investigation that has been verified in the Joint Personnel Adjudication System or possess an active Secret Security Clearance. 3.8. Maintenance Planning. The contractor shall conduct maintenance planning to define optimal maintenance activities, which fully support the RMNIIS maintenance concepts. All maintenance whether organizational, Intermediate, or Depot maintenance will be performed by the Contractor’s FSRs. FSRs M67854-11-R-5022 Page 56 of 98 and trained USMC operators/maintainers can perform First Echelon organizational Maintenance. As there will be no Military Occupational Specialty (MOS) assigned to this program the Contractor must provide specially trained mechanics and technicians to sustain the RMNIIS in all five maintenance categories (Echelon One through Echelon Five). It must be understood all levels of maintenance may include Battlefield Damage Assessment and Repair (BDAR) tasks. The contractor will provide all labor, services, parts, supplies, packaging, and shipment of items necessary to maintain, diagnose, and correct malfunctions or failures in regards to the overall operation of the RMNIIS and to accomplish all maintenance required. The contractor shall coordinate with each site point of contact as a courtesy to assure access to the systems. The maintenance concept for the RMNIIS is defined below. The Government reserves the right to change the assumptions listed below. The contractor must be prepared to revise maintenance plans if circumstances change. 3.8.1. Organizational Maintenance. Organizational maintenance is anticipated to be performed by both FSRs and trained USMC operators/maintainers. This is anticipated to include maintenance performed in the USMC maintenance categories of both the First Echelon and Second Echelon as described in MCO P4790.1, all of which is anticipated to be part of the operators/maintainers training course. Examples would include, expeditious assessment and maintenance conducted under battlefield conditions as well as visual inspections, provide testing, cleaning, tightening, and other minor adjustments, checking tire inflation, and checking critical fluid levels if feasible in the front lines of the battle space. 3.8.2. Intermediate Maintenance. Intermediate maintenance is anticipated to be performed by FSRs only. This is anticipated to include maintenance performed in the USMC maintenance categories of both the Third and Forth Echelon as described in MCO P4790.1. Examples would included scheduled maintenance; diagnosis and isolation of equipment/modular malfunctions; replacement, adjustment and alignment of major assemblies/modular components which can be readily removed/installed and do not require critical adjustment. Intermediate maintenance services are anticipated to be performed as soon as possible, after request from the MCSC LNO, Marine Expeditionary Force and/or Marine Operating Unit(s) has been received. 3.8.3. Depot Level of Maintenance. Depot Levels of Maintenance shall solely be performed by CLS. Depot levels of Maintenance are focused on returning the RMNIIS system to an operational status as described in MCO P4790.1 under the USMC’s Fifth Echelon maintenance category. Depot level maintenance consists of complete repair or rebuild of parts, assemblies, subassemblies, and end items, including secondary repairables. Depot Level Maintenance shall also be used to perform catastrophic and non-warranty repairs when notified by the LNO or Marines utilizing the RMNIIS. The Government has put in place an ODC CLIN to pay for such repairs as damage resulting from accident, transportation between sites, neglect, misuse, failure of electrical power, battle damage, or other causes considered as acts of God. The ODC CLIN will be used by the contractor to order parts as needed. When catastrophic repair or additional parts are necessary, the contractor shall submit a quote for approval to the MRAP Detection Systems Program Office prior to ordering parts or making repairs. 3.8.4. The Government has fielded 35 legacy systems with capabilities similar to RMNIIS units. CLS and FSR support ordered under this contract may be tasked to support the legacy systems in a manner similar to that of RMNIIS units. In such an event, the Government will provide sufficient technical data for the legacy systems to make such tasking feasible. The Contractor shall execute non-disclosure agreements if needed to access any proprietary data applicable to supporting the legacy systems. M67854-11-R-5022 Page 57 of 98 3.9. Supply Support 3.9.1. Provisioning Technical Documentation. The contractor shall develop/document Provisioning Technical Documentation to include, but not be limited to a Provisioning Parts List (PPL), Long Lead Time Items List (LLTIL), and Tools and Test Equipment List (TTEL). These lists will be provided at the beginning of the program. DI-ALSS-81529 Logistics Management Information (LMI) Data Product (PTD) 184.108.40.206. Provisioning Parts List (PPL). The PPL is a tool used to determine the range of support items required to maintain the end item for an initial period of service usually two years, but may be extended up to five years if necessary. This period of service is also known as the "demand/development period,” during which time usage data is tracked and used to determine future sustainment requirements. The PPL shall contain the end item, component or assembly and all support items which can be disassembled, reassembled, or replaced, and which, when combined, constitute the end item, component or assembly. The PPL shall include items such as parts, materials, connecting cabling, piping, and fittings required for the operation and maintenance of the end item/equipment, component, or assembly. This includes all repairable commercial items unless excluded by the provisioning requirements. The PPL shall contain repair kits and repair parts sets required to maintain the end item, component, or assembly equipment. DI-ALSS-81529 Logistics Management Information (LMI) Data Product (PPL) 220.127.116.11. Long Lead Time Items List (LLTIL). The contractor shall provide a LLTIL that shall contain those items which, because of their complexity of design, complicated manufacturing process, or limited production capacity, may cause production or procurement cycles which would preclude timely and adequate delivery, if not ordered in advance of normal provisioning. DI-ALSS-81529 Logistics Management Information (LMI) Data Product (LLTIL) 18.104.22.168. Tools and Test Equipment List (TTEL). The contractor shall provide a TTEL that shall contain those support items required to inspect, test, calibrate, service, repair, or overhaul an end item. DI-ALSS-81529 Logistics Management Information (LMI) Data Product (TTEL) 22.214.171.124. Common and Bulk Items List (CBIL). The CBIL contains those items that are difficult or impractical to list on a top down/disassembly sequence PPL, but for which provisioning may be required to support the operation of the end item/equipment. These items are subject to wear or failure, or otherwise required for maintenance, including planned maintenance of the end item/equipment. The contractor shall indicate the material type, grade, class, etc. The contractor shall submit sufficient information to enable the Government to relate the material/specification number to the pertinent item. DI-ALSS-81529 Logistics Management Information (LMI) Data Product (CBIL) 126.96.36.199. Design Change Notice (DCN). The contractor shall use a Design DCN to identify changes to provisioning technical documentation, which add to, delete, supersede, or modify items previously listed which are approved for incorporation into the end item. DI-ALSS-81529 Logistics Management Information (LMI) Data Product (DCN) M67854-11-R-5022 Page 58 of 98 3.9.2. Spare Parts Block. Based on the submitted PPL and CBIL the contractor shall make the recommendation and the MRAP Detection Systems Program Office will make the final determination on which parts and what quantity should be included in each spare part block (spare parts) ordered to maintain maximum combat readiness for each RMNIIS. The contractor shall order, ship, and maintain each spare part block for the RMNIIS. These blocks shall contain consumables and spare parts to support the RMNIIS. All component parts from the spares block used for warranty repairs shall be paid for and replenished by the contractor. 3.10. Technical Publications. 3.10.1. Commercial Manuals. The contractor shall provide commercial, operator, and maintenance manual(s) for the RMNIIS I/A/W MIL-PRF-32216, to include supplemental data as necessary, to enable the US Government (USMC) to maintain the RMNIIS organically. The manuals shall contain installation, operation, troubleshooting, and maintenance instructions. The manuals shall include a complete repair parts lists (including exploded views of all assemblies and subassemblies) and special tools lists. The RMNIIS will routinely use POL, batteries, and other chemicals during normal operation and maintenance of the RMNIIS. OEM manuals will contain warning information on the hazards associated with use, precautions to take to avoid exposures, and instructions for the disposal of hazardous waste. DI-TMSS-80527B Commercial Off-the-Shelf (COTS) Manual and Associated Supplemental Data 3.10.2. Change Pages/Modification Instructions. The contractor shall provide change pages/modification instructions to the manuals as a result of approved changes to the baseline system. The Government requires notification of all changes and revisions to the manuals for the duration of this contract. Notice of new models/equipment, when they are available, is also required for Government information. 3.11. Training Products and Services. The contractor shall provide a training program in both CONUS and OCONUS locations. Prior to course initiation, the contractor shall meet safety standards, which are I/A/W local, state, and federal regulations. Consideration needs to be given for training at different levels for the operator and maintainer and in the following areas: Train-the- Trainer Training and New Equipment Training (NET). At this time Marine Corps Formal School and Unit Training is not anticipated. DI-SESS-81521B Training Program Structure Document DI-SESS-81522B Course Conduct Information Package 3.11.1. Training Course Curriculums. The contractor shall develop operator, maintainer, and train-the- trainer course curriculums. The content of the course shall focus on providing the knowledge and skills necessary to perform operator, maintainer, and trainer tasks. 3.11.2. CONUS Operator Training. The contractor shall provide an operator training course. The content of the course shall focus on providing the operator with the knowledge and skills necessary to perform operator tasks. Training must include radiation safety training. Training will be completed at Camp LeJeune, NC; Camp Pendleton, CA or Twenty-Nine Palms, CA. M67854-11-R-5022 Page 59 of 98 3.11.3. CONUS Maintainer Training. The contractor shall provide a maintainer training course. The content of the course shall focus on providing the maintainer with the knowledge and skills necessary to perform maintainer tasks. Training must include radiation safety training. Training will be completed at Camp LeJeune, NC; Camp Pendleton, CA or Twenty-Nine Palms, CA; unless otherwise specified at the delivery order level. Training will encompass all levels of maintenance specified in subsection 3.8. 3.11.4. CONUS Train-the-Trainer Training. The contractor shall provide a train-the-trainer training course. The content of the course shall focus on providing the trainer with the knowledge and skills necessary to perform trainer tasks. Training must include radiation safety training. Training will be completed at Camp LeJeune, NC; Camp Pendleton, CA or Twenty-Nine Palms, CA; unless otherwise specified at the delivery order level. Training will encompass all levels of maintenance specified in subsection 3.8. 3.11.5. OCONUS Training. The contractor shall provide an operator and maintainer training course. The content of the operator training course shall focus on providing the operator with the knowledge and skills necessary to perform operator tasks. The content of the maintainer training course shall focus on providing the maintainer with the knowledge and skills necessary to perform maintainer tasks. Training must include radiation safety training. All OCONUS training will be provided by the deployed FSRs. 3.12. Transportability Program. The contractor shall implement a transportability program I/A/W MIL-STD-1366 which shall address the inherent capability of an item to be moved by towing, self- propulsion, or carrier, via railway, highway, waterway, ocean, airway, or amphibious ships/craft, using existing equipment or equipment that is planned for the movement of the item. The contractor shall conduct transportability engineering efforts to identify and measure the limiting constraints, characteristics, and environments of transportation systems. Note: Key references are MIL-STD-209K, Interface Standard for Lifting and Tie down Provisions and MIL-HDBK-1791, Designing for Internal Aerial Delivery in Fixed-Wing Aircraft, MIL-STD-913, Interface Standard Requirements for the Certification of Externally Transported Military Equipment by Department of Defense Rotary-Wing Aircraft, and Ship Loading Characteristics Pamphlets. 3.12.1. Transportability Report. The contractor shall develop and deliver a transportability report. DI-PACK-80880C Transportability Report 3.12.2. Air Transportability. The contractor shall provide the necessary information/documentation to promote Air Certification I/A/W Air Transportability Test Loading Agency requirements. 4. USMC SUPPORT The USMC will provide the following support for FSRs deployed in the CENTCOM Areas of Responsibility: Provide life support to include housing, meals, emergency medical resuscitative care, and security at no cost to the contractor field personnel. Assist with logistical support in Afghanistan for the movement of parts. Provide US Military system operators for training and system operation. Provide security for FSR movement in-country transportation (helicopter, military convoy in Mine Resistant Ambush Protected Vehicle, fixed wing, etc.) M67854-11-R-5022 Page 60 of 98 Assist in providing support infrastructure such as warehousing for RMNIIS and consumables as well as administrative support such as office space, DSN lines, and Internet access. Provide at no charge Non-Classified Internet Protocol Router Network and Secret Internet Protocol Router Network access and communications in Afghanistan. Ensure contractor personnel be provided with security during all phases of the deployment and sustainment. o FSRs shall not venture outside the wire without Military security. o Guard Tower coverage (only) at FOB Entry Control Points, and/or riding in exposed vehicles during convoys is not permitted. o If FSRs need to maintain a system and Military Personnel do not provide the appropriate security, FSRs shall NOT proceed outside the wire. Provide secure, environmentally controlled storage areas for consumables, spare parts, and servicing in USMC specific areas of operation. Based on current experience in Iraq and Afghanistan, there will be sufficient Command emphasis to ensure that the USMC will provide support to manage the program with particular attention to life support, administrative workspace, transportation, communications, and housing for the FSRs. M67854-11-R-5022 Page 61 of 98 PERFORMANCE SPECIFICATIONS Attachment 2- PERFORMANCE SPECIFICATION Ruggedized Mobile Non-Intrusive Inspection System (RMNIIS) 1. SCOPE This document summarizes performance parameters for a Rugged Mobile Non-Intrusive Imaging Inspection System (RMNIIS) capable of non-intrusive imaging for inspection of vehicle interiors (motorized and non-motorized), cargo containers (empty and filled with mixed cargo), engine compartments and other transportable enclosures. The content defines the government's functional baseline and describes the functional and performance characteristics of the RMNIIS. 1.1 Threshold/Objective Within this procuring document, threshold refers to the minimum that will be accepted. Objective refers to the desired performance. 1.2 Identification CDTS ID: USON for Ruggedized Non-Intrusive Scanning Systems dated 17 Jun 2010; Reference UUNS No. 05187UA. 1.3. System Description The RMNIIS is a ruggedized trailer mounted mobile inspection system that can be used in drive-by or portal modes and can be used in military and police security operations at checkpoints and entry control points to identify concealed weapons, contraband, ordnance and bulk explosives. 1.4 Document History Date Revision Reason for Change Table 1 2. APPLICABLE DOCUMENTS 2.1 General The documents listed in this section are specified in Sections 3, 4, or 5 of this specification. This section does not include documents cited in other sections of this standard, or recommended for additional information, or as examples. While every effort has been made to ensure the completeness of this list, document users are cautioned that they must meet all specified requirements of documents cited in Sections 3, 4, or 5 of this specification, whether or not they are listed. 2.2 Specifications, Standards, and Handbooks The following specifications, standards, and handbooks form a part of this document to the extent specified herein. Unless otherwise specified, the issues of these documents are those cited in the solicitation. 2.2.1 Government Documents Department of Defense Standards MIL-STD-810F - Environmental Test Methods and Engineering Guidelines M67854-11-R-5022 Page 62 of 98 MIL-D-50030H - Decontaminating Agent (DS2) MIL-DTL-12468D - Decontaminating Agent (STB) MIL-DTL-83133E - Turbine fuel (JP-8) MIL-PRF-63460D - Cleaner, Lubricant, and Preservative (CLP) A-A-52557A - Fuel Oil, Diesel; For Posts, Camps, and Stations MIL-STD-464A - Electromagnetic Environmental Effects Requirements for Systems (Copies of these documents are available online at https://assist.daps.dla.mil/quicksearch, or http//:dodssp.daps.dla.mil, or from the Standardization Document Order Desk, 700 Robbins Avenue, Building 4D, Philadelphia, PA 19111-5094.) 2.2.2 Non-Government Documents ASTM D 975-05 - Diesel Fuel Oils (For referenced ASTM standards, visit the ASTM website, www.astm.org, or contact ASTM Customer Service at firstname.lastname@example.org, or write to ASTM; 100 Barr Harbor Drive; West Conshohocken, PA 19428-2959) 3. REQUIREMENTS 3.1 Functional and Performance Requirements 3.1.1 Reliability. The RMNIIS shall be capable of operating reliably during a seven-day operation period, with duty cycles varying from 10 to 100 percent with a mean time between failure (MTBF) of 1,000 hours or better of actual operation. All components shall be of sufficient grade to operate in a non- controlled, potentially wet, humid, and unfiltered environment where dust, dirt, and other airborne contamination are present, and with an ambient air temperature range of -20°F to +122°F. 188.8.131.52 Cabling. All external cabling shall be electromagnetic interference (EMI) shielded. 184.108.40.206 Electrical Connectors. Electrical connectors shall be mil-spec quick release connectors. 3.1.2 Maintainability 220.127.116.11 Lubricants and Cleaners. The RMNIIS shall be capable of being cleaned and lubricated with U.S. Government standard cleaners and lubricants without adverse effects. 3.1.3 Environmental Conditions. The RMNIIS shall maintain full operation capability when exposed to environmental conditions; reference MIL-STD-810F for guidance. 18.104.22.168 Sand, Dust, Mud, and Rain. The RMNIIS shall operate and function after exposure to sand, dust, mud, and rain. M67854-11-R-5022 Page 63 of 98 22.214.171.124 Temperature Extremes. The RMNIIS shall be operable and function safely at ambient air temperatures to include temperature extremes ranging from 122°F (50°C) and -20°F (-29°C). Additionally, the RMNIIS shall be capable of being stored at ambient air temperatures to include temperature extremes ranging from 140°F (60°C) to -20°F (-29°C), without degradation to RMNIIS operations, functions, and safety. 126.96.36.199 Salt Fog. The RMNIIS shall continue to operate throughout all modes of operation without stoppages after exposure to a salt fog atmosphere. No more than minor deposits of corrosion shall be present after exposure. 188.8.131.52 Corrosion Resistance. Metallic components shall be constructed of corrosion resistant material or coated with corrosion resisting protective coatings. Components shall also be treated with coating(s) that improve or add lubricity at friction points, as well as reduce or eliminate contamination buildup. 184.108.40.206 Chemical Resistance. Non-metallic and metallic components shall not be affected by exposure to petroleum, oil and lubricant products, insect repellents and other common battlefield compounds. For example: MIL-D-50030H - Decontaminating Agent (DS2) MIL-DTL-12468D - Decontaminating Agent (STB) MIL-DTL-83133 - Turbine fuel (JP-8) MIL-PRF-63460D - Cleaner, Lubricant, and Preservative (CLP) A-A-52557A - Fuel Oil, Diesel; For Posts, Camps, and Stations ASTM D 975-05 - Diesel Fuel Oils 3.1.4 Operation Capability 220.127.116.11 Mission Set-Up Time. The RMNIIS shall be fully operational and capable of inspection within 30 minutes after arrival in Area of Operation (AO). 18.104.22.168 Generator Engine. The RMNIIS shall have a multi-fuel engine that has the capability for unassisted –20°F cold starts and operates with diesel and JP-8 fuel. Hand-held aerosol cans or non-metered starting fluid devices are not permitted. The exhaust stack (if required) shall be equipped with a rain cap to prevent the entry of rain or snow. Pursuant to Section 213 of the Clean Air Act (42 U.S.C. section 7547) and 40 CFR Part 89, and subject to the terms and conditions prescribed in those provisions the RMNIIS generator/power source must conform to applicable requirements and which represent non-road engines, by M67854-11-R-5022 Page 64 of 98 engine family, more fully described in the documentation required by 40 CFR Part 89 and produced in the stated model year. 22.214.171.124.1 Fuel Tank. The fuel tank shall have sufficient capacity for eight hours of continuous normal operation for all specified fuels. The fuel line shall be equipped with a commercial fuel/water separator. The tank shall be equipped with a means for draining water and sediment from the bottom of the tank. The fuel tank interior surface shall be permanently protected from corrosion. The fuel type shall be stenciled near the fuel cap in black letters not less than one inch in height, and the fuel tank filler neck(s) shall have a removable fuel strainer and accept a three-inch diameter nozzle. 126.96.36.199 Air Conditioner. The air conditioning system shall be capable of operating in the cooling mode at ambient temperatures between 65°F and 125°F. The system shall use an environmentally friendly refrigerant (R-134a or equivalent). The air conditioning system shall be sized to meet this requirement. 188.8.131.52 Instrumentation. The instrument panel shall contain, at a minimum, the manufacturer's standard array of controls and instrumentation including those necessary to operate options and attachments. Protection from weather elements shall also be provided. 184.108.40.206 Lubricants. Lubrication access shall be provided for all moving parts requiring lubrication. All RMNIIS shall be operable using military lubricants. Initial fill lubricants shall fully conform to the following requirements: a. Engine and Hydraulic Systems: MIL-PRF-2104 and MIL-PRF-46167 b. General lubrication: MIL-PRF-10924, SAE-AMS-M-7866, and MIL-PRF-2105 220.127.116.11.1 Lubrication Data Plates. A lubrication data plate identifying military lubricants and all lubrication points shall be provided (attached by screws, bolts, or rivets in a conspicuous protected location). 18.104.22.168.2 Lubrication Fittings. Fittings shall be located in a protected, accessible location. Fittings shall be accessible to a grease gun with a 10-inch flexible extension without removing or adjusting accessories or parts. Extended lubrication points shall be used for hard to reach areas and be accessible to an operator standing on the ground. 22.214.171.124.3 External Leakage. The degree of external leakage allowable on drive-train components shall not exceed class 2 of SAE J1176 for dust free conditions, and class 2D of SAE J1176 for dusty conditions. No evidence of fluid leakage shall be permitted in fuel, cooling or hydraulic brake systems. 126.96.36.199 Electrical System. The RMNIIS shall be electrically configured to operate from shore power and generator powered systems providing electricity (110-120/220-240 VAC @ 50/60Hz and 28V DC). A master switch shall be provided to disconnect batteries from the electrical system to prevent accidental battery depletion when the RMNIIS is not in use. The switch shall be accessible and conveniently located for ease of operation. M67854-11-R-5022 Page 65 of 98 188.8.131.52.1 Batteries and Cables. The batteries shall have sufficient cold cranking amperage to start the RMNIIS at -20°F. Corrosion resistant bolts and nuts shall be provided. There shall be a warning plate, attached by screws, bolts, or rivets in a conspicuous protected location, on the box to warn of the presence of toxic fumes and the explosive hazards. The batteries shall be easily accessible/removable. 3.1.5 Human Factors Engineering. The RMNIIS shall be operable and maintainable in accordance with IAW the recommended practices by 5th percentile female through 95th percentile male military personnel (as defined by SAE J833) dressed in environmental protective clothing (i.e. Arctic and Mission-Oriented Protective Posture (MOPP) IV). Components and equipment removed, disassembled, or relocated for operation or transportability, as specified in Paragraph 3.2.1, which must be lifted or carried by operating personnel and shall not exceed 50 pounds in weight for one person lifts, and 100 pounds for two or more person lifts and shall be provided with suitable handles or grasp areas. 184.108.40.206 Operable with Gloves. The RMNIIS shall be safely operable through a full cycle of operations by a person wearing cold weather gloves, mittens, tactical gloves and the like. 220.127.116.11 Visual Display 18.104.22.168.1 User Display. The user’s display shall incorporate antiglare technologies. 22.214.171.124.2 Display. The visible display provided to the user shall be of sufficient size and resolution to prevent eyestrain of the user. The display shall be a ruggedized color liquid crystal display (LCD) flat screen and not less than 14 viewable inches IAW commercial standards. 126.96.36.199 Safety. The RMNIIS shall comply with all applicable commercial or military safety and health hazard standards. The RMNIIS shall meet all industry and Government requirements and design practices to ensure the system optimizes safety during storage; ground, air, and sea transport; sling loading; maintenance; operation; ground guiding; and disposal. The RMNIIS shall comply with applicable OSHA 29 CFR 1910 and 1926, and SAE J98, J115, J185 and J1308. All available standard or optional accessories shall be included to provide protection for maintenance and operating personnel from radiation, rotating or reciprocating parts, and from all parts subject to high operational temperatures and so located as to be a hazard. Exhaust discharges shall be directed so as to not endanger personnel. All operator access areas shall be equipped with non- skid decking surfaces and handholds. 188.8.131.52 Electrical “Safe”. The operator shall be able to “safe” the RMNIIS by the use of a single Emergency Stop (E-Stop) switch such that electrical power becomes unavailable to the RMNIIS. The operator shall be able to safely verify the position of this switch by touch and/or sight. The operator shall be able to activate this switch single-handedly without having to reposition their hand. The use of multiple E-Stops, at least three and no more than five, are desirable by mechanical and software trigger enabled (Software E-Stop) means. 184.108.40.206.1 Ambidextrous Operations. The RMNIIS shall be operable either left or right handed without modification. All safety devices shall be operable by a single hand without requiring the operator to change the use of hands. M67854-11-R-5022 Page 66 of 98 220.127.116.11.2 Radiation Safety. The RMNIIS shall be able to scan vehicles that are occupied by members of the public without harm to its occupant(s). The RMNIIS shall be configured to minimize exposure to personnel, including members of the public, from radiation to levels As Low As Reasonably Achievable (ALARA). Radiation levels in a designated Exclusion Area shall not exceed 2 mrem (0.02 mSv) in an hour or 100 mrem (1 mSv) in a year. (Exclusion Area is defined as any area wherein access is controlled by command for the purpose of protection of individuals against undue risk from exposure to radiation and radioactive materials) Exposure limits for members of the public shall continue to apply when the member enters a controlled area (NAVMED P-5055, 4-2(2)). No person shall exceed the exposure limits specified in NAVMED P-5055 at any time. The RMNIIS shall be configured with safety interlocks that are triggered by a breach to safe operation. The RMNIIS shall not project radiation during such conditions. 18.104.22.168.3 Hazardous Materials. The RMNIIS shall not contain Class I or Class II Ozone-Depleting Substances, asbestos, cadmium (electroplating processes), hexavalent chromium (electroplating, and coatings processes), or other highly toxic or carcinogenic materials as defined in OSHA 29 CFR1910.1200 without Governmental approval. The RMNIIS shall not contain an active radiation source. All RMNIIS will adhere to MCO P5090, ESOH Professional Certification Procedures and Requirements, dated 28 Sep 2007 and MCO 5100.29B, Safety Releases, dated 28 Sep 2007. This effort assures the system procurement processes will avoid, to the greatest extent possible, the use of U.S. Environmental Protection Agency and Occupational Safety & Health Administration (OSHA) listed hazardous and toxic chemicals and Class I Ozone Depleting Substances. 3.1.6 RMNIIS Capabilities The system shall be capable of: Imaging with sufficient resolution for minimally trained operators to identify 22.73 Kg (50 lbs) of bulk explosives, or a single 155mm shell through complex cargo and privately owned vehicle interiors. Scanning cargo, containers and occupied vehicles moving up to 11.2 Km/h (7.0 mph) within the system’s designated inspection zone while the inspection system remains stationary (portal mode) at a relative distance of up to 3.75 m (12.30 ft) without harming its occupant(s). Scanning cargo, containers and occupied vehicles while the inspection system is moving (drive- by mode) at relative speed up to 11.2 Km/h (7.0 mph) at a relative distance of up to 3.75 m (12.30 ft) without harming its occupant(s). Threshold scanning and image analysis rate by minimally trained operator should not exceed three minutes per scan for a 40 foot shipping container containing complex cargo, or per vehicle. Tactical lighting inside and outside the system is threshold. Capable of remote operation by a designated operator no less than 300 meters from the inspection system via hardwire cable. Capable of inspection within 30 minutes of arrival at AO. M67854-11-R-5022 Page 67 of 98 Automated software to assist minimally trained operators to identify anomalies based on density and shape is objective; ability for operator to view images in gray-scale and color is threshold. Export stored images with operator comments to Microsoft Office products are threshold. Each system must be transportable on C-130, C-17, and C-5 aircraft, and have integrated tie down points sufficient for safe transport. Configured to be towed by standard military vehicles equipped with the appropriate towing capacity. Rugged; must be designed to withstand high temperatures, shock, vibration, airborne particulate matter, and operate on primary, secondary, and unimproved road surfaces. Must be Electromagnetic Interference (EMI) hardened IAW Paragraph 3.2.2 Must be self sustained under its own power generator (JP8 and diesel capable) and operational by shore power (110-120/220-240 VAC @ 50/60Hz and 28V DC). 22.214.171.124 Platform Capabilities 126.96.36.199.1 Stabilization. The RMNIIS shall have a stabilized platform such that when towed by a vehicle in motion, smooth output video from the RMNIIS will be maintained at vehicle velocities of: Threshold: 1 mph Objective: 7 mph 188.8.131.52 Video Storage. The RMNIIS shall have still image storage capability, 80,000 Megabytes or greater, such that the user shall be able to review previously stored images. The system shall provide means to export images to removable media such as CD ROM or DVD-RW disk, with a reference to the disk in the software database. Images shall be exported in TIF/JPG format. The system shall also provide the ability to the user to mark and annotate images with pointers and comments. 184.108.40.206 Image Analysis Tools. The RMNIIS shall provide image analysis tools to adjust and enhance the displayed image, thus enhancing the differences in objects of interest. Such tools may include density enhancement, auto enhancement, image sharpening, reverse video, high contrast, color palettes, historical comparison abilities, zoom magnification as well as pan and scroll. 3.1.7 Filling and Draining Provisions. The hydraulic system reservoir and all other enclosures which contain lubricant or hydraulic oil shall be equipped with dipsticks, sight gages, or check plugs to determine fluid level. Each enclosure shall be equipped for filling and draining. Each drain plug or valve shall be located so that removal of the plug or valve will result in complete drainage of the fluid from the enclosure. When the RMNIIS is in a level position, drainage of fluids shall be to a container below the RMNIIS without draining on or over any part of the RMNIIS. Integral tubes, hoses, or troughs may be used to convey the fluids from the drain outlet. Accessibility to the fill opening, the fluid level check device, and the drain plug or valve shall be provided without removal or adjustment of accessories or parts, except for plates equipped with hand operable, quick disconnect fasteners. M67854-11-R-5022 Page 68 of 98 3.1.8 Identification and Marking. Each RMNIIS shall be furnished with an identification plate showing the specific unique identification markings as defined in MIL-STD-130. The identification plate shall include the following information: contractor’s model number, NSN, USMC registration number, RMNIIS identification number, weight, date of manufacture and date of delivery. The identification plate shall be permanently affixed to the RMNIIS in a readily accessible and conspicuous location. All attachments or components removed or disassembled for shipment shall be match marked for proper re-assembly IAW the contractor’s standard method. Spares, replacement parts, and consumables shall indicate the original manufacturer’s name or logo and part numbers. 3.1.9 Instruction Plates. The RMNIIS shall be equipped with instruction or diagram plates describing procedures to be followed for operating, servicing, and lubrication. The plates shall be attached by screws, bolts, or rivets and affixed to the RMNIIS in a location that's protected and conspicuous. Instructions for transportability issue(s) shall be provided in the operator's manual and on cards. 3.1.10 Shipping Data Plates. Each RMNIIS shall be furnished with a shipping data plate. All shipping data plates shall show a silhouette of the RMNIIS in its transport configuration indicating the shipping weight, center of gravity, and the location and capacity of the slinging and tie-down provisions. The plate shall be attached by screws, bolts, or rivets and affixed to the RMNIIS in a place that's protected and conspicuous. 3.1.11 Treatment and Painting. All external surfaces suitable for painting except those that reach a temperature of 400 °F shall be cleaned, treated, and chemical agent resistant coating painted IAW MIL-DTL-53072. Unless otherwise specified, the top coat shall conform to FED-STD-595, with the exception that components not visible or exposed during normal operation may be painted with the manufacturer’s commercial paint and color. High temperature surfaces such as exhaust stacks and manifolds shall be painted with high temperature paint of limited reflectivity. 3.2 Design and Construction 3.2.1. Transportability. The RMNIIS shall have the capability of being transported worldwide by rail, marine, highway, and air modes. Guidance on transportability criteria is defined in MIL-STD- 1366E. The threshold for disassembly, if required to meet rail, marine, highway, and/or air constraints, shall be no more than six clock hours using only common tools and available lifting assets. The objective is no disassembly required for transport. Disassembly by use of cutting/welding equipment is NOT allowed. 220.127.116.11 Air Transport. The RMNIIS, in the transport mode, shall be capable of being transported on C- 130, C-17, and C-5 aircraft. MIL-HDBK-1791 and MIL-STD-1366E are available for guidance. Threshold preparation time for air transport or reassemble time after air transport, must be six hours or less. 18.104.22.168. Tie-down Provisions. The RMNIIS shall have tie-down provisions conforming to the strength requirements of MIL-STD-209. MIL-HDBK-1791 may be used as further guidance. The tie- down provisions shall satisfactorily complete the pull testing as specified without weld failure, permanent deformation, cracking, loosening, or breaking of the provision or its connecting M67854-11-R-5022 Page 69 of 98 structural components. In designing the tie-down provisions, the strength of the tie-down provisions shall include the weight of the RMNIIS. 3.2.2. Electro Magnetic Interference (EMI) Hardening. The RMNIIS shall be EMI hardened in accordance with the following conditions: The RMNIIS shall perform properly while subjected to External Electromagnetic Effects (E3) in its surrounding environment, and shall meet inter-system Electromagnetic Compatibility requirements from 30 MHz to 10 GHz. Tactical radio and radar shall be able to operate without Radiated Emission (RE) interference within a minimum tactical range of six meters from the RMNIIS during theatre operations. MIL-STD-461, MIL-STD-462 and MIL-STD-464 may be used as guidance. 3.2.3. Mobile Trailer Mounting Platform. The RMNIIS shall be configured with a trailer platform to support the weight and physical characteristics of the inspection system itself and meet the ruggedized requirements specified herein. It is preferred that the mobile trailer mounting platform be a standard militarized trailer. 4. VERIFICATION 4.1 Classification of Inspections The inspection requirements specified herein are classified as follows: Certification (See 4.1.1) Demonstration (See 4.1.2) Inspection (See 4.1.3) Test (See 4.1.4) 4.1.1. Certification. Verification by certification shall consist of written statements that a particular parameter can be met and that no further demonstration, examination, or test is needed. The following Key Performance Parameters (KPPs) must be met: The RMNIIS shall not contain an active radiation source Ruggedized trailer mounted system; shall be designed to withstand high temperatures, shock, vibration, airborne particulate matter, and operate on primary, secondary, and unimproved road surfaces Disassembly of the RMNIIS for storage or transport must not require cutting or welding Capable of remote operation by a designated operator no less than 300 meters from the inspection system via hardwire cable Each system must be transportable on C-130, C-17, and C-5 aircraft Must be self sustained under its own power generator (JP8 and diesel capable) and operational by shore power (110-120/220-240 VAC @ 50/60Hz and 28V DC) M67854-11-R-5022 Page 70 of 98 4.1.2. Demonstration. Verification by demonstration shall consist of a performance or display of an actual function of the system to prove compliance with requirements. Demonstration is used when quantitative measurement is not required. 4.1.3. Inspection. Verification by inspection shall consist of a visual inspection of the physical characteristics of the complete component or equipment, supplemented by inspection of drawings and specifications to verify compliance with requirements. Examination may include the comparison of documents or comparison of a document with the equipment or item it describes. 4.1.4. Test. Verification by test shall consist of a demonstration of an actual design function to provide data for a quantitative evaluation of system performance. Vendor proposals shall provide test data relevant to RMNIIS characterization and ruggedness to ensure system level testing has been accomplished and documented. 4.2. Verification Details 4.2.1. Lubricants and Cleaners. Confirmation shall be established by certification that standard U.S. Government lubricants and cleaners are compatible with the RMNIIS. 4.2.2. Tools and Gauges. Confirmation shall be established by certification that either no special tools or gauges are required to service the RMNIIS, or that their identified special tools will be sufficient to service the RMNIIS. 4.2.3. Corrosion Resistance. Confirmation shall be established by certification that the metallic components of the RMNIIS are resistant to corrosion or are coated with corrosion resisting protective coatings. MIL-HDBK-808 may be used as guidance. 5. NOTES 5.1. Definitions 5.1.1. Stoppage. A stoppage is defined as any incident resulting in unplanned cessation of the RMNIIS to function or initiate operations. This includes stoppages traceable or chargeable to an unserviceable part. Descriptions include, but are not limited to, failures to turn on and/or off, generator faults, failure to radiate x-rays, detector faults, faulty interlocks, cooling system faults, computer program faults, faulty cables and connectors, etc. 5.1.2. Failure. Defined as one or more of the following conditions: Any stoppage that cannot be corrected by the operator within one hour. Any stoppage that would require parts to be replaced to return the RMNIIS to an operating status. Cracks or defects that can be observed under 20X magnification or identified by other non- destructive testing (NDT) methods. End M67854-11-R-5022 Page 71 of 98 QASP ATTACHMENT 3- QUALITY ASSURANCE SURVEILLANCE PLAN For Sustainment of the Rugged Mobile Non-Intrusive Inspection System (RMNIIS) Contract Number: M67854-11-R-5022 Contractor’s name: TO BE DETERMINED 1. PURPOSE. This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract. This QASP explains the following: What will be monitored. How monitoring will take place. Who will conduct the monitoring. How monitoring efforts and results will be documented. This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance. In addition, the QASP should recognize that unforeseen and uncontrollable situations may occur. This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor. Updates shall ensure that the QASP remains a valid, useful, and enforceable document. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities. 2. GOVERNMENT ROLES AND RESPONSIBILITIES. The following personnel shall oversee and coordinate surveillance activities. a. Contracting Officer (KO) - The KO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The KO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract. The KO is ultimately responsible for the final determination of the adequacy of the contractor’s performance. Assigned Contracting Officer: Lynn Y. Frazier Organization or Agency: MCSC, Joint MRAP Vehicle Program Telephone: Phone: (540) 658-8588 Email: email@example.com b. Contracting Officer’s Representative (COR) –The COR will be responsible for technical administration of the contract, and shall assure proper Government surveillance of the contractor’s performance. The COR shall keep a quality assurance file. At the conclusion of the contract and when requested by the KO, the COR shall provide documentation to the KO. A COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. The contractor shall refer any changes they deem may affect contract price, terms, or conditions to the KO for action. The COR will be assisted by the MCSC Liaison Officer (LNO) located at Forward Operating Bases and Government personnel located CONUS at military installations. Assigned Contracting Officer Representative: Mark J. Billow Organization or Agency: MCSC, USMC MRAP Detection Systems Telephone: Phone: (540) 658-9138 Email: firstname.lastname@example.org M67854-11-R-5022 Page 72 of 98 3. CONTRACTOR REPRESENTATIVES: The following employees of the contractor serve as the contractor’s Program Manager and On-Site Location Manager for this contract. a. Program Manager - <upon award, enter name> Telephone: <enter number> Email: <enter address> b. On-Site Location Manager - <upon award, enter name> Telephone: <enter number> Email: <enter address> c. Other Contractor Personnel - <upon award, enter name or delete these lines if not applicable> Title: <enter title> Telephone: <enter number> Email: <enter address> 4. PERFORMANCE STANDARDS. Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards. The Performance Requirements Summary Matrix, shown in Table 1 below includes performance standards. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL). M67854-11-R-5022 Page 73 of 98 ATTACHMENT 3- QUALITY ASSURANCE SURVEILLANCE PLAN Table 1.Performance Standards Summary for RMNIIS Contract M67854-11-R-5022 Performance SOW Performance Standard Acceptable Quality Level (AQL) Surveillance Method Objective Para FSRs In-Theater and OCONUS are to provide maintenance, training, and Parts & Supply Reports as required. o FSRs are to coordinate and resolve problems related to maintenance, training, and sustainability o FSRs are to assist with readiness maters and Weekly and monthly RMNIIS Readiness determine improvement solutions System readiness at no less than reports reviewed by 22.214.171.124 Rate FSRs are to operator, intermediate, and sustainment 90%. Government. levels of maintenance to include diagnostics and repair Customer Complaints. of RMNIIS’ FSRs are to conduct training both in-theater as well as CONUS locations (operator, maintainer, & train-the- trainer) FSRs are to conduct preventive maintenance tasks 126.96.36.199, The Contractors in-theater shall work closely with the Contractor conducts required Customer Complaints. Maintenance 3.8, 3.8.1, using units or the MCSC Liaison Officer (Customer) in- repairs or maintenance as requested Quarterly Program & 3.8.2 theater. by the customer. Reviews by COR. The Contractor shall report warranty issues to the MCSC Parts ordered and repairs Customer Complaints. Warranty Tracking 188.8.131.52, MRAP Detection Systems Program Office and contact completed I/A/W Government Quarterly Program Support 184.108.40.206 the OEM for repair and parts replacement. direction. Reviews by COR. Weekly maintenance 220.127.116.11, report reviewed by Corrective & Field The Contractor shall provide service and maintenance System readiness at no less than 3.8.1, & Government. Quarterly Level Maintenance support as required CONUS and OCONUS. 90%. 3.8.2 Program Reviews by COR. Weekly maintenance The Contractor shall periodically inspect RMNIIS report reviewed by Preventive 18.104.22.168, System readiness at no less than Systems and provide preventive maintenance services. Government. Quarterly Maintenance 3.8.1, 90%. Both CONUS and OCONUS. Program Reviews by COR. Weekly maintenance Parts & Supply 22.214.171.124, All parts and supplies are either readily accessible or System readiness at no less than report reviewed by Support 3.9.2 ordered and delivered within two weeks of requirement. 90%. Government. Quarterly M67854-11-R-5022 Page 74 of 98 Performance SOW Performance Standard Acceptable Quality Level (AQL) Surveillance Method Objective Para Program Reviews by COR. M67854-11-R-5022 Page 75 of 98 Performance SOW Performance Standard Acceptable Quality Level (AQL) Surveillance Method Objective Para Weekly maintenance Contractor shall delivery RMNIIS replacement parts report reviewed by 126.96.36.199, System readiness at no less than sufficient to maintain a system readiness rate of no less Government. Quarterly Parts Delivery 3.9.2 90%. than 90%. Program Reviews by COR. The contractor shall provide for accountability, security, All GFP documented parts shelved Quarterly Parts inventory and storage for the GFP provided. The contractor shall Parts Stocking 188.8.131.52 and inventoried or reported as Report reviewed by inspect and inventory all GFP received and identify and ordered and in route. Government. report any discrepancies/deficiencies. The Contractor will prepare training packages and reports All training packages will be Training rosters reviewed Training & Training 3.11 as well as provide operator, maintainer, and train the submitted to the Government for by Government. Support trainer training to the Customer. approval. Customer Complaints. The Customer will have knowledge The Contractor will train the Customer at CONUS Review and approval of and skills necessary to train locations. Training will include Training the Trainer on training by Government Train the Trainer 3.11.4 Marines designated for deployment operational training with limited maintenance as well as or multiple accounts of how to operate and provide limited radiation safety instructions. Operator Damage. maintenance skills. Review and approval of The Contractor will train the Customer to Operate the The Customer will have knowledge 184.108.40.206 & training by Government Operator Training system; training will also include limited maintenance as and skills necessary to operate and 3.11.2 or multiple accounts of well as radiation safety instructions. provide limited maintenance skills. Operator Damage. .. The Customer will have knowledge Review and approval of The Contractor will train the Customer to maintain the and skills necessary to maintain the training by Government Maintainer Training 3.11.3 system; training will include maintenance with limited system and provide limited or multiple accounts of operator training as well as radiation safety instructions. operator skills. Maintainer Damage. The Contractor shall prepare a training package and Training material(s) must be of training materials in accordance with (I/A/W) CDRLs Review and approval of Training sufficient quality to enable the 3.11.1 A0010AA DI-SESS-81521B (UT) and A0010AB DI- training documentation by Documentation USMC to maintain the RMNIIS SESS-81522B (UT) Operator/Maintainer/Train-the- Government. system organically. Trainer Training. Contractor must inform the The contractor will provide certified skilled employees to Contractor Personnel 220.127.116.11 & MCSC’s Program Office within 24 Manpower provide sustainment support both CONUS and turnover less than 5%. 3.8.4 hours of any issues involving OCONUS. Customer complaints. personnel. M67854-11-R-5022 Page 76 of 98 Performance SOW Performance Standard Acceptable Quality Level (AQL) Surveillance Method Objective Para Contractor personnel slated for OCONUS deployment Contractor personnel have passed US CENTCOM Deployment must be able to adhere to and complete the CENTCOM 18.104.22.168 the CENTCOM requirements. requirements achieved Requirements requirements per USCENTCOM Individual Protection There will be no exceptions. and LOA approved. and Individual, Unit Deployment Policy. Weekly and quarterly System readiness at no less than Customer continuously provides successful sustainment reports reviewed by Program and Data 90%. Customer Complaints are at 3.2 & 3.3 support and delivers weekly and quarterly status reports Government. Quarterly Management a minimum and handled as well as provides informative quarterly IPRs. Program Reviews by expeditiously. COR. A weekly status report of all warranty issues and repairs Receipt and review of Weekly Warranty Warranty report submitted to 22.214.171.124 shall be submitted to the Program Office I/A/W CDRL weekly warranty report by Status Report Government weekly. A0002 DI-MGMT-80227 Program Management. Government. A weekly status report of all equipment issues and repairs Receipt and review of Weekly Equipment Equipment status report submitted 126.96.36.199 shall be submitted to the Program Office I/A/W CDRL weekly equipment status Status Report to Government weekly. A0002 DI-MGMT-80227 Program Management. report by Government. A quarterly report of all stocked parts shall be submitted Receipt and review of Quarterly Parts Parts report submitted to 188.8.131.52 to the Program Office I/A/W CDRL A0002 DI-MGMT- quarterly parts report by Report Government quarterly. 80227 Program Management. Government. The contractor shall plan, host, attend, coordinate, 3.3.1, support, and conduct the meetings, formal reviews, Contractor prepares agendas, Government. Quarterly Meetings and 3.3.2, & conferences, and audits I/A/W CDRLs A0004AA and conference presentation materials, Program Reviews by Reviews 3.3.3 A0004AB DI-ADMIN-81249A Meetings, Formal and provides meeting minutes. COR. Reviews, Conferences, and audits. Review and approval of Environmental, Safety Assessment and Safety Contractor shall perform safety assessment and system safety assessment and Safety & 3.4 hazard Analysis reports submitted safety analysis of the RMNIIS hazard reports by Occupational health to Government Government. Contracts provides engineering Review and approval of Engineering Contractor shall develop and provide engineering data for data at a sufficient level to enable 3.6 engineering technical data Drawings provisioning the government to provision the by Government RMNIIS for organic supply support Contracts provides technical Review and approval of Provisioning documentation at a sufficient level Contractor shall develop and provide provisioning provisioning technical Technical 3.9 to enable the government to technical documentation. documentation by Documentation provision the RMNIIS for organic Government supply support M67854-11-R-5022 Page 77 of 98 Performance SOW Performance Standard Acceptable Quality Level (AQL) Surveillance Method Objective Para Contractor provides transportability Contractor shall develop and provide transportability report with sufficient information Review and approval of Transportability 3.12 information/documentation to address transport of the for the Government to attain transportability report by Program RMNIIS by multiple means of land, sea and air transport. certification for multiple modes of the Government transport for the RMNIIS. M67854-11-R-5022 Page 78 of 98 5. METHODS OF QA SURVEILLANCE. Various methods exist to monitor performance. The COR shall use the surveillance methods listed below in the administration of this QASP: DIRECT OBSERVATION. (Can be performed periodically or through 100% surveillance through the usage of LNOs in-theater.) MANAGEMENT INFORMATION SYSTEMS (MIS). (Evaluates outputs through the use of management information reports. Best used for general surveillance and may need to be supplemented by periodic inspections.) PERIODIC INSPECTION. Uses a comprehensive evaluation of selected outputs. Inspections may be scheduled as required. o Analysis of contractor's progress reports. (Evaluate cost, schedule, etc.) o Performance reporting. Regardless of the surveillance method, the COR shall always contact the contractor's task manager or on-site representative when a defect is identified and inform the manager of the specifics of the problem. The COR shall be responsible for monitoring the contractor’s performance in meeting a specific performance standard/AQL. Surveillance results may be used as the basis for actions against the contractor. In such cases, the Inspection of Services clause FAR 52.246-4 in the Contract becomes the basis for the KO’s actions. 6. RATINGS. Metrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be used: Example 1: Performance significantly exceeds contract requirements to the EXCEPTIONAL: Government’s benefit. SATISFACTORY: Performance meets contractual requirements. UNSATISFACTORY: Performance does not meet contractual requirements. 7. DOCUMENTING PERFORMANCE. a. ACCEPTABLE PERFORMANCE. The Government shall document positive performance. A performance report template is provided as Appendix 1. Any report may become a part of the supporting documentation for past performance or other contractual actions. b. UNACCEPTABLE PERFORMANCE. When unacceptable performance occurs, the COR shall inform the contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file. When the COR determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR), and present it to the contractor's task manager or on-site representative. A CDR template is provided as Appendix 2. The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the COR. The Government shall review the contractor's corrective action plan to determine acceptability. Any CDRs may become a part of the supporting documentation for contract payment deductions, or other actions deemed necessary by the KO. M67854-11-R-5022 Page 79 of 98 8. FREQUENCY OF MEASUREMENT. a. Frequency of Measurement. During contract/order performance, the COR shall take periodic measurements, quarterly as specified in the AQL column of the Performance Standards Summary Matrix, and shall analyze whether the negotiated frequency of measurement is appropriate for the work being performed. b. Frequency of Performance Assessment Meetings. The COR shall meet with the contractor monthly to assess performance and shall provide a written assessment. \ M67854-11-R-5022 Page 80 of 98 ATTACHMENT 4- QUALITY ASSURANCE SURVEILLANCE PLAN Appendix 1 CONTRACT DISCREPANCY REPORT (CDR) TEMPLATE QAP 1. Dates ( For Government Use Only) 2. CAR # Corrective Action Report Date Issued: Response Due Date CAR Due Date CAR Due Date Slips 3. To: (Contractor POC) 4. From: (COR) 5. Nonconformance: (Describe in detail) 6. Cause Of Nonconformance: 7. Contractor Corrective Action: 8. Contractor Cause Elimination: M67854-11-R-5022 Page 81 of 98 CLAUSES INCORPORATED BY FULL TEXT 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-- (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Reserved. (e) Reserved. (f) Late submissions, modifications, revisions, and withdrawals of offers: (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. M67854-11-R-5022 Page 82 of 98 (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-- (A) Reserved. (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award. The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. M67854-11-R-5022 Page 83 of 98 (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (http://assist.daps.dla.mil). (ii) Quick Search (http://assist.daps.dla.mil/quicksearch). (iii) ASSISTdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-- (i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1- 866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227- 2423 or 269-961-5757. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; M67854-11-R-5022 Page 84 of 98 (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. (End of provision) ADDENDUM TO CLAUSE 52.212-1 ADDENDA TO: 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUN 2008) 1.0 INTRODUCTION a. Offerors shall not submit more than one (1) offer in response to this solicitation. b. A concise and comprehensive proposal is required. Organization, clarity, accuracy of information, relevance, and completeness are of prime importance. The proposal shall be complete and clear in all respects without the need for additional explanation or information. The proposal shall be in sufficient detail and scope to permit the Government to evaluate it with respect to the evaluation factors specified in contract clause FAR 52.212-2 EVALUATION- COMMERCIAL ITEMS. c. Unnecessarily elaborate proposals beyond that sufficient to present a complete and effective proposal are not desired. Offerors shall confine their submission to essential matters, sufficient to define their offer, and provide an adequate basis for evaluation. Likewise, Offerors are cautioned against general, vague, or unsubstantiated statements, which prevent or render difficult the Government’s evaluation of the proposal. Statements such as "will comply," or "noted and understood" without supporting narrative to define compliance are not acceptable. Moreover, the Government will not assume that an Offeror possesses any capability, understanding, and/or commitment that is not specifically delineated and supported in its respective proposal. d. The Offeror shall NOT include classified material in any proposal section. e. Proposals submitted for consideration for award must address the full scope of the solicitation. Proposals, which address only part of the solicitation, will be considered unacceptable. f. A ceiling on the number of pages in the proposal has been imposed, as indicated in the sections below. In the event that an Offeror exceeds the maximum page limitations provided below, the Government will only evaluate the pages that comply with the maximum number prescribed (starting with page one and continuing until the maximum number is reached) for the respective volume. All pages, or any other material, in excess of the maximum number of pages stated will not be evaluated. M67854-11-R-5022 Page 85 of 98 g. Also see FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2008) 2.0 COMMUNICATIONS AND CORRESPONDENCE a. The solicitation, amendments, notices, attachments and other information will be made available on the Federal Business Opportunities (FedBizOpps) website: https://www.fbo.gov, and Navy Electronic Commerce on Line (NECO) website: https://www.neco.navy.mil. Offerors are advised to monitor these sites continuously in order to obtain information in a timely manner. b. All questions and correspondence pertaining to this solicitation shall be addressed to the Contracting Officer, Lynn Frazier, or the Contract Specialist, Jeanette Hernandez-Guilleaume and Lindsey Varner: Contracting Officer: Lynn Y. Frazier Phone: (540) 658-8588 E-mail: email@example.com Contract Specialist: Jeanette Hernandez-Guilleaume Phone: (540) 658-9105 E-mail: firstname.lastname@example.org Fax: (540) 658-1784 Contract Specialist: Lindsey Varner Phone: (540) 658-8924 E-mail: email@example.com Fax: (540) 658-1784 d. Communications: Exchanges of source selection information between Government and Offeror’s will be controlled by the Contracting Officer. Email may be used to transmit such information but must include “Source Selection Information – See FAR 2.101 and 3.104” in the subject line of the e-mail. Otherwise, source selection information will be transmitted via direct mailing or facsimile. 3.0 PROPOSAL SUBMISSION ADDRESS, DUE DATE, &TIME a. Sealed offers shall be express mailed or hand-carried to: Joint Program Office MRAP Vehicle Program Attn: Jeanette Hernandez-Guilleaume - RFP: M67854-11-R-5022 50 Tech Parkway, Ste. 107 Stafford, VA 22556 M67854-11-R-5022 Page 86 of 98 (540) 658-9105 b. Electronic delivery is not authorized. c. A proposal that does not comply with the stated closing date/time will be considered a “late submission”. Submissions will be treated in accordance with FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERICAL ITEMS. e. 5 copies of Proposals are due by 2:00 PM, Eastern Standard Time (EST), 25 March 2011. 4.0 OFFEROR QUESTIONS a. Questions about the solicitation documents are due by 2:00 P.M. EST on 11 March 2011, to both firstname.lastname@example.org and email@example.com in the following table format. Please do not bundle multiple questions into one. Questions received after the above time and date may not be included in the provided response. Additionally, all questions shall be received via E-mail. Document/Section Paragraph Question/Issue/Concern 5.0 PREPARATION OF PROPOSALS a. The Government advises prospective Offeror’s to read the terms and conditions of the Standard Form 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS. Proposals shall be prepared using “Times New Roman” 12 point font style on 8½ x 11 inch white paper. In the event an Offeror provides a proposal that is printed or copied double-sided on paper, each side of the paper shall represent one page. Tables and illustrations may use a reduced font style not less than 10 point. Foldouts are allowed only for tables and illustrations, maximum foldout paper size 11’ X 17”. Margins shall be 1 inch on all sides. All material submitted may be single-spaced. Offerors shall ensure that each page provides identification of the submitting Offeror in the header or footer. Number all pages sequentially. Attempts to circumvent the intent of these limitations (condensed printing, oversized paper, or other similar actions) may result in removal of such material from the proposal and its exclusion from the evaluation. b. Offeror shall include one electronic “soft” copy (one copy of the Letter of Transmittal/ Executive Summary and Price volume on one disk and one copy of the technical volume and past performance on a separate disk) of the full proposal using the Microsoft Office for Windows suite of applications, submitted on CD-ROM, formatted for a personal computer. The text shall be in Microsoft Office 2007 or compatible format. Spreadsheets shall be in Microsoft 2007 Excel format. All cells and formulas shall be visible, editable, and unprotected. Offerors shall not establish links referencing other spreadsheet files. M67854-11-R-5022 Page 87 of 98 c. Videos shall not be submitted or embedded on the CD-ROM. d. Proposals shall be valid for a period of at least 180 calendar days from the proposal due date. NOTE: In the event that there is a conflict between the written hard copy of the proposal and the electronic “soft” copy of the proposal, the written hard copy will take precedence. 6.0 PROPOSAL ORGANIZATION a. Each Offeror must submit their proposal materials in three-ring binders. Individual sections shall be removable and replaceable to the volumes. Each volume shall contain a title page, table of contents, and list of tables and figures for that volume. Use tab separators to separate required sections within a volume. The title page, table of contents, list of tables and figures, and tab separators do not count against page count. Number all pages sequentially. Only material allocated to a specific section shall be in that section. Letter of Transmittal/Executive Summary and Price volume shall be in separate binders from the Technical Capability and Past Performance volume. An original and four (4) hard copies of each volume shall be submitted along with the soft copy CDROM. b. Offerors shall provide in each volume a Table of Contents and Acronym List. The Table of Contents, Acronym List, and the Non-Price Factor Cross-Reference Matrix will not be included as part of the page count. Information shall be confined to the appropriate volume to facilitate independent evaluation. The following instructions apply to the format: Part Content Page Limit Letter of Letter of Transmittal 5 Pages Transmittal/ /Executive Summary Executive Summary Volume I Technical Capability 15 pages excluding test data & certifications 50 pages test data and certifications Unlimited pages independent source test reports Volume II Past Performance 15 Volume III Price None 7.0 PROPOSAL CONTENT The following instructions apply to the volumes (also reference FAR 52.212-2) EVALUATION –COMMERCIAL ITEMS): M67854-11-R-5022 Page 88 of 98 Letter of a.1. This section shall include the Offeror’s Letter of Transmittal, along with a Transmittal/ brief summary of the Offeror’s capability to accomplish the requirements of the Executive contract. Summary a.2. On the first page of the Letter of Transmittal the Offeror shall certify that the proposal has been prepared completely consistent with the terms and conditions of the solicitation. However, if exceptions are taken, they shall be clearly set forth in the letter of transmittal and shall be explained by the Offeror with the understanding that the exceptions may render the Offeror’s proposal unacceptable to the Government. a.3. Provide an organization chart of the company, cognizant DCMA, DCAA, and DFAS payment office. a.4. If the Offeror is proposing the use of a teaming arrangement, it should be described in detail. Volume I b.1. The Technical Volume shall include a Non-Price Factor Cross–Reference Key Matrix showing the proposal paragraph number where an evaluator will find the Performance detailed discussion of the Non-Price Factors. Parameters and b.2. This part shall describe the Offeror's ability to comply with the RFP Technical requirements as defined in the Statement of Work, and the Performance Capabilities Specification. The volume shall not include any price data. b.3. Mandatory Key Performance Parameters: The Offeror shall clearly address all of the mandatory Key Performance Parameters listed in paragraph 4.1.1 of the Performance Specification. b.4. Technical Capabilities: The Offeror shall address Technical Capabilities Sub-factors listed in FAR 52.212-2 EVALUATION—COMMERCIAL ITEMS. b.5. The RMNIIS shall be verified by tests, analyses, and inspections for performance requirements specified in the Performance Specification. The Offeror is responsible for providing the means of validation to the Government. A Government approved testing entity is not required to perform test plans or procedures for the RMNIIS. However, the Offeror shall submit a copy of the test entity’s formal test report to the Government. b.6. The Offeror shall provide as part of the proposal the provision of the detailed warranty description for each part, component, subcomponent, configuration item, and/or any other item delivered to the Government. Any Contractor warranty provided pursuant to this solicitation does not waive the M67854-11-R-5022 Page 89 of 98 Government's rights under the "Inspection of supplies" clause of the contract, nor does it limit the Government's rights with regard to other terms and conditions of the contract. In the event of a conflict, the terms and conditions of the contract shall take precedence over any contractor provided warranty. Volume II c.1. Offerors with relevant past performance history shall provide a maximum of Past Five (5) detailed summaries of work similar in size, scope, and/or complexity Performance accomplished during the past three (3) years. These summaries shall not exceed two (2) pages each. (The Offeror may submit past performance information that is outside the three (3) year timeframe if it is pertinent and relevant to this procurement). c.2. Detailed summaries must address the following: technical relevance to work anticipated under the solicitation; specific, quantifiable accomplishments or deliverables; being proposed for the solicitation. Additionally, the following information is required: contract number with Government point of contact information; type of contract, value, award and completion dates if applicable; whether any claims or Request for Equitable Adjustment against the Government have been made relating to the contract; and the specific deliverables. If it was not a Government contract, please provide the corresponding corporate information. NOTE: In the case of Contractor Performance Assessment Report System (CPARS), if input has already been provided and the rationale/circumstances have not changed, DO NOT repeat them here; simply note it in the proposal. c.3. It is not presumed that the Offeror’s performance has been perfect. Rather, the proposal should contain evidence of the Offeror’s ability to isolate the root causes of problems and should include a description of programs or actions taken to resolve those causes. Problems not addressed by the Offeror, but found by the Government during the evaluation of the information in this volume, will be assumed to still exist. Volume III d.1. Offerors shall provide firm fixed pricing based upon the CLIN structure Price found within the SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS. (Where applicable, unit pricing shall be included). d.2. A completed, signed original copy of the entire solicitation (SF 1449 and continuation pages) with all appropriate "fill-ins" completed. d.3. As part of the price proposal, offerors are required to submit a complete M67854-11-R-5022 Page 90 of 98 spares/parts listing which shall include ALL parts, components and subcomponents necessary to build a single RMNIIS unit. Additionally, the quantity necessary of each part to build a single unit shall be listed. This listing will be evaluated both qualitatively and quantitatively. Therefore, offerors are encouraged to provide any supporting price data which may aid in the review. Consistent with commercial practices, for RMNIIS components and subcomponents which are ordinarily purchased as complete assemblies or subassemblies, the price list for RMNIIS spare parts need not include separate line assemblies or subassemblies. In any event, at a minimum, the price list for spare parts should include separate line items for all items which would be individually replaced by maintainers conducting organizational or intermediate level maintenance as described in the SOW provisions 3.8.1 and 3.8.2. NOTE: It is the Government’s intention to incorporate this price list in the awarded contract and utilize it for parts/spares ordering under CLIN 0004 Provisioning Ordering Item/Spares. For pricing purposes, assume CLIN 0001 and 0004 are to be shipped to the following locations: W37QLQ Transportation Officer 841st Trans Bn 1040 Remount Rd North Charleston, SC 29404 Or FY9125 436 APS TRTC BLDG 550 CP 302 677 550 ATLANTIC DOVER AFB DE 19902-5061 ATTN: JEFF WRIGHT COM: 302-677-6276 d.4. All assumptions used in determining the proposed Firm-Fixed Prices must be clearly stated in the Offeror’s proposal. Offerors are encouraged to submit any other price or financial information that may be helpful in the understanding and evaluation of the Price Proposal; however, superfluous or elaborate documents are discouraged. For bundled costs, the phrase “Not Separately Priced” (NSP) shall be indicated for the corresponding CLIN. The term “N/A” or Not Applicable shall only be used when the described items in the applicable CLIN are NOT being provided. d.6. If, after receipt of proposals, the Contracting Officer determines that adequate price competition does not exist in accordance with FAR 15.804-3, the Offeror may be requested to provide additional supporting other than cost and pricing data or other supporting price data. M67854-11-R-5022 Page 91 of 98 d.6. Information requested for inclusion in the Price Proposal is not intended to be restrictive or all-inclusive. 8.0 PROPOSAL CONTENT: Unsupported general promises to meet or exceed the solicited requirements are not sufficient. Proposals should include documentation of verifiable facts in support of any presumptive statements made relating to an Offeror’s promises of performance or affirmative statements of capabilities. The Offeror must support all claims by substantiated facts and data, including the results of test, simulation, or analyses in accordance with the Instructions to Offerors provisions. Any Offeror-supplied test data, simulation results, or analysis may be discounted if the Government has doubts about the veracity, accuracy, or validity of the data which cannot be satisfied by checking data sources. To avoid this risk, Offerors are encouraged to provide the means of validation or verification to the Government as part of their proposal submissions. Offerors should be prepared to provide responses to requests for supporting information from the Government, either in the form of clarifications, discussions, or proposal revisions, as necessary. 9.0 NOTICE OF CONTRACT ADVISORS a. The Government may utilize the services of the technical consultants and advisors listed below to review the proposals. These representatives will only be used to advise on specific technical matters and will not, under any circumstances, rank proposals, assign any ratings, or otherwise act in a decision-making capacity. The Government will also employ administrative and engineering support services contractors in the handling of solicitation documentation for purposes of security and document control. All such personnel will be required to execute a statement to preserve and protect any proprietary information disclosed to them during the course of these evaluations. It is anticipated that the following entities will be involved throughout the course of this solicitation evaluation and in some cases, through the entire program. The following firms MAY be involved: BAE SYSTEMS MLT SYSTEMS b. The Offeror’s submission in response to this Request for Proposal (RFP) constitutes the Offeror’s agreement and permission for the review of your proposal by the aforementioned organizations, entities, and individuals. 10.0 CONFLICT OF INTEREST M67854-11-R-5022 Page 92 of 98 a. Any contractor, or member of its team and/or subcontractor, having a conflict of interest as defined under FAR Part 9.5, must identify the conflict as soon as it is known. 11.0 INTENT TO INCORPORATE CONTRACTOR’S TECHNICAL PROPOSAL a. All or part of the successful Offeror’s technical proposal may be incorporated in any contract resulting from this solicitation. Moreover, the successful Offeror’s technical proposal may be incorporated by reference. Nothing contained in the successful Offeror’s technical proposal shall constitute a waiver to any other requirement of the contract. In the event of any conflict between the successful Offeror’s technical proposal and other requirement of the contract, the conflict shall be resolved in accordance with the Order of Precedence clause (FAR 52.215-8). b. The successful Offeror will provide, as necessary, any updated technical proposal changes that reflect the results/responses to any items of clarification and/or discussions. If, after contract award, it is discovered that changes made as a result of any clarifications and/or discussions were not incorporated in those portions of the technical proposal, such changes to the contractor’s documents shall be considered administrative in nature and shall be made by unilateral modification to the contract, at no change in contract cost, price or other terms and conditions. CLAUSES INCORPORATED BY FULL TEXT 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible Offeror whose Offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate Offers: Mandatory Key Performance Parameters Technical Capabilities – Subfactors: a. Equipment Capabilities and Features b. Delivery Capacity c. Direct Support d. Indirect Support e. Management Capability 3. Past Performance 4. Price Evaluation Factor 1 - Mandatory Key Performance Parameters M67854-11-R-5022 Page 93 of 98 This factor will be rated on a Pass/Fail basis. Mandatory key performance parameters (KPPs) are listed in paragraph 4.1.1 of the Performance Specification (Attachment 2). Any Offeror who does not Offer RMNIIS units which meet or exceed ALL KPPs as set forth in paragraph 4.1.1 of Attachment 2 will automatically be rated as “Fails to meet KPPs”, and the Offer will be disqualified from further evaluation or consideration. Evaluation Factor 2 - Technical Capabilities – Subfactors: Technical Capabilities Subfactors are listed in descending order of importance: a. Equipment Capabilities and Features. Each proposal shall be evaluated for demonstrating how the Offered equipment solution will meet or exceed all equipment Functional and Performance Requirements stated in the Performance Specification (P-Spec), Section 3 of Attachment 2. The quality and veracity of the information submitted with a proposal to support the performance attributes claimed for the proposed equipment may affect the evaluation rating assessed. b. Delivery Capacity. The Offeror should provide their best delivery schedule and terms and conditions for all equipment items (CLINs 0001 and 0004) which will establish a minimum delivery time standard for every subsequent delivery order against any subsequently awarded IDIQ contract. Offerors may, but are not required, to propose different time standards, one applicable to an initial order, and different schedules applicable to subsequent orders, taking into account the quantities recited in the benchmarks below. The capability to deliver RMNIIS units and spare parts as expeditiously as possible is valued by the Government. At a minimum, Offerors’ Manufacturing Plans and Long Lead Time Items Lists (LLTIL) (LLTIL as referred to in paragraph 184.108.40.206 of the SOW, Attachment 1) will be considered to assess the feasibility, reliability and potential risk of proposed delivery schedules. In this subfactor, Offerors may be deemed to have strengths or weaknesses based on how their proposed schedule(s) compare(s) to the following benchmarks: Delivery of a first (single) RMNIIS unit no later than (NLT) 3 months from a first task or delivery order which includes a RMNIIS unit Delivery of up to 10 RMNIIS units NLT 6 months from any single order or series of task or delivery orders; Delivery of up to an additional 35 RMNIIS units NLT 18 months from order after any or all prior order(s) for an initial 10; provided: the delivery of an initial unit from any such order begin NLT 3 months from an order placement Delivery of any spare parts in quantities for each separate item or complete subcomponent assembly are consistent with the contractors recommended provisioning item list (SOW provision 220.127.116.11) and which mirror the benchmarks for fielding complete RMNIIS units set forth above M67854-11-R-5022 Page 94 of 98 c. Direct Support Capability. Evaluation of proposal contents for employing Field Service Representatives (FSRs) to provide Contractor Logistics Support (CLS) to military units using RMNIIS. Proposals will be evaluated against the requirements of paragraphs 3.7 and 3.8 of the SOW (Attachment 1) and all clauses, terms, and conditions applicable which apply to the services described in those provisions. The ability of the proposed solution to meet the CLS requirements of the SOW throughout the program will be evaluated. Offerors should provide their best delivery schedule terms and conditions for deploying FSRs who comply with all CENTCOM contractor deployment requirements to deliver CLS services to any country in the CENTCOM AOR. The successful Offeror’s best FSR delivery schedule terms and conditions will establish a minimum delivery time standard for every subsequent order for FSR support (CLIN 0005 and 0006) against any subsequently awarded IDIQ contract. Additionally, in this subfactor, Offerors may be deemed to have strengths or weaknesses based on how their proposed schedule terms and conditions for FSR support compare to the following benchmark: Capability to deploy up to 10 qualified FSRs in less than sixty (60) days from any order placement d. Indirect Support Capabilities. Proposals will be evaluated to assess the quantity, quality, and manner of Offered operator and maintainer training, train the trainer training, and quality product reference materials, and/or related information needed by the USMC to operate and maintain equipment in the field with organically assigned military personnel. Offerors’ representations will be compared to the applicable requirements and standards indicated in paragraphs 3.6, 3.9, 3.10, and 3.11 of the SOW (Attachment 1). e. Management Capability. Capability and approach Offered to provide a robust and reliable overall approach to quality assurance, safety, and responsiveness to US Government customer organizations which need to employ RMNIIS equipment and/or use RMNIIS CLS services. The evaluation of potential responsiveness to Government customers includes an evaluation of any warranties Offered. Offerors’ representations will be compared to the applicable requirements and standards indicated in paragraphs 3.1, 3.2, 3.3, 3.4, 3.5, and 3.12 of the SOW and the commercial warranty standards of FAR subpart 12.404. Offerors may be deemed to have relative strengths to the degree to which their warranty complies with the minimum requirements of FAR 12.404 and also provides better or greater coverage than those of competing Offerors. In assessing this subfactor, the Government will consider, at a minimum, the pertinent portions of the following: Technical Volume, Product Specification, Compliance Matrix, Previous Test Data, Technical Information Checklist, and Parts Lists. The Government’s evaluation of the technical capability subfactors for Evaluation Factor 2 - Technical Capabilities, will result in a determination as to whether an Offer meets all minimum requirements at the subfactor level. Deficiencies will be noted for aspects of any subfactor which an Offer fails to meet. Strengths or weaknesses may be recognized at the subfactor level, consistent with the criteria stated within each subfactor. Proposals for claims of performance which exceed threshold requirements for any solicited product or service feature may be recognized as evaluated technical strengths for such proposed performance characteristics which M67854-11-R-5022 Page 95 of 98 exceed a stated minimum (threshold), up to any stated maximum (objective) value if such claims are adequately supported in a proposal. The Government will use the following definitions when considering whether an Offer contains strengths, weaknesses, or may not meet a minimum requirement at the subfactor level: Definition Significant Strength Characteristic or aspect of a proposal which demonstrates an approach or product feature(s) which exceeds the minimum threshold solicitation requirements and meets or exceeds objective performance parameters which would provide substantial additional value to the Government Strength Characteristic or aspect of a proposal which demonstrates an approach or product feature(s) which exceeds the minimum threshold solicitation requirements which would provide additional value to the Government Weakness A flaw or uncertainty in the proposal that increases the risk of unsuccessful contract performance Significant Weakness A flaw or uncertainty that appreciably increases the risk of unsuccessful contract performance Deficiency A material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level After considering whether an Offer meets all requirements and/or contains any strengths, weaknesses, or deficiencies at the subfactor level, an overall adjectival rating will be assigned for Evaluation Factor 2 - Technical Capabilities, using the following scale: Rating Definition Significantly exceeds requirements and Offers a distinct benefit to the Government. No significant Exceptional weaknesses. Acceptable Meets or exceeds all requirements; value of strengths equals or outweighs weaknesses. Marginal Meets all requirements and the value of weaknesses outweigh that of strengths. Unacceptable Fails to meet one of more of the threshold or minimum requirements of the solicitation. Evaluation Factor 3 - Past Performance a. The Government will recognize value in proposals from Offerors who demonstrate successful and relevant past performance histories for delivering goods and/or services similar in nature to the those being solicited. Conversely, Offerors whose past performance record includes failures, problems, or difficulties in fulfilling their responsibilities in other situations are at a competitive disadvantage. The Government will consider information submitted by the Offeror as well as information available through other means in assessing whether an Offeror has a history of satisfactory performance of production, delivery, support services and management tasks required to perform the proposed contract. M67854-11-R-5022 Page 96 of 98 b. Past performance will be reviewed as it relates to all evaluation factors. The Government shall evaluate past performance history that includes but is not limited to delivery schedule, technical capability, in theater operational support capability, and FSR support based on Offeror’s history. c. Past Performance information may be obtained through information provided via the Offeror’s proposal, the automated Past Performance Information Retrieval System (PPIRS), Contractor Performance Assessment Report (CPAR) database, similar systems of other Government departments and agencies, questionnaires sent to prior customers tailored to the circumstances of this acquisition, the Defense Contract Management Agency, interviews with program managers and contracting officers, and other sources known to the Government, including commercial sources. d. Offerors will be given an opportunity to respond to any adverse past performance information which they have not had a previous opportunity to address. e. Past Performance information will be evaluated for currency and relevance, the source of the information, the context of the past performance data, and general trends in an Offeror’s performance. Offerors with insufficient or no known and verifiable performance history relevant to this RFP will not be evaluated favorably or unfavorably for Past Performance. Proposals will be evaluated for the Past Performance Factor using the adjectival rating scheme described below: Rating Definition Low Risk Based on the Offeror’s performance record, the Government has high confidence and little doubt that the Offeror will successfully perform the required effort relying only upon routine Government oversight. Medium Risk Based on the Offeror’s performance record, the Government is reasonably confident that the Offeror will successfully perform the required effort. Any risks are susceptible to mitigation by increasing Government monitoring and/or oversight during performance. High Risk Based on adverse information in the Offeror’s performance record, the Government has substantial doubt that the Offeror will successfully perform the required effort. Given available program management resources, performance risks may not be susceptible to mitigation even with increased Government monitoring and/or oversight during performance. Neutral There is insufficient relevant past performance available for the Government to form a firm opinion about performance risk. Evaluation Factor 4 – Price a. The pricing proposed by Offerors will be evaluated, but not rated on an adjectival scale. The Government’s price evaluation will result in an evaluated total price expressed in M67854-11-R-5022 Page 97 of 98 dollars and conclusions about whether each Offeror’s proposed prices are fair, reasonable, balanced, complete, and realistic. b. Price evaluation will also include assessing whether Offers conform to all required price related terms and conditions set forth in the solicitation, including compliance with applicable administrative requirements cited in the Instructions to Offerors (52.212-1 and all addenda). Offers submitted with prices based on other than Freight-On-Board (FOB) destination shall be rated as unacceptable. c. The Government will use competition and the Independent Government Cost Estimate (IGCE) to help it determine whether the price proposals are reasonable, balanced, complete, and realistic. Defense Contract Audit Agency (DCAA) and Defense Contract Management Agency (DCMA) and/or other Government resources may be utilized as necessary in the evaluation. d. Provisioned Item Order List/Spares, CLIN 0004 will be evaluated both qualitatively and quantitatively. For the qualitative review, the proposed list will be reviewed for both completeness and balance. Addtionally, a sampling of items will be reviewed individually for fair and reasonableness.. For the quantitative review, the total price for the listing will be summed and then multiplied by 4.5 and will be utilized for the total evaluated price, see paragraph e below. The quantitative assessment for CLIN 0004 will be used for proposal evaluation ONLY. The maximum ceiling amount for CLIN 0004 will be set by the Government (see CLIN 0004 details within RFP). e. Evaluated total price in dollars will be quantified and aggregated as follows: CLIN Method of Quantification 0001 Unit Price * 45 Each = Total CLIN Price 0002 1 Unit Price 0003 Unit Price * 30 Each = Total CLIN Price 0004 Total List Price * 4.5 0005 Unit Price * 30 Man months = Total CLIN Price 0006 Unit Price * 216 Man months = Total CLIN Price 0007 1 Unit Price 0008 Unit Price * 4 Each = Total CLIN Price 0009 Unit Price * 4 Each = Total CLIN Price 0010 Unit Price * 4 Each = Total CLIN Price Total for evaluation purposes = aggregate of above. Total evaluated price in dollars will not include separate components. However, Offers must otherwise comply with all solicitation terms and conditions applicable to CLINs 0011 and 0012 in order to be deemed acceptable and price completely. M67854-11-R-5022 Page 98 of 98 All non-price evaluation factors, when combined, are significantly more important than price. Therefore, the Government may select other than the lowest priced acceptable Offer if it is determined that the superior capability is worth the additional price. Nevertheless, price remains an important factor and its relative importance as a selection factor will increase with the degree of equality in the overall merit of competing proposals with respect to the non-price evaluation factors. With respect to the non- price evaluation factors, Evaluation Factor 1, Mandatory Key Performance Parameters is most important. Evaluation Factor 2 - Technical Capabilities, is more important than Evaluation Factor 3 - Past Performance. For an Offer to be acceptable for award, the Offeror must agree to all of the terms and conditions specified in the solicitation, submit materials in a timely manner, and complete all required certifications and representations, including signing the contract form and completing the appropriate parts of the RFP. Offers evaluated as “Fails to meet KPPs” for Evaluation Factor 1 are unacceptable and not eligible for award. b) Options. The Government is not soliciting for options at this time. In the event that the solicitation is subsequently modified to include options, the Government will evaluate Offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an Offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). c) A written notice of award or acceptance of an Offer, mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the Offer, shall result in a binding contract without further action by either party. Before the Offer’s specified expiration time, the Government may accept an Offer (or part of an Offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision)