ViaSat, Inc.
VIASAT INC (Form: 10-K/A, Received: 08/03/2010 06:09:18)
 
 
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
 
Form 10-K/A
(Amendment No. 1)
(Mark One)
     
þ   ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
For the fiscal year ended April 2, 2010
or
     
o   TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
For the transition period from            to             .
Commission file number (000-21767)
 
VIASAT, INC.
(Exact name of registrant as specified in its charter)
     
Delaware
(State or other jurisdiction of incorporation or organization)
  33-0174996
(I.R.S. Employer Identification No.)
6155 El Camino Real
Carlsbad, California 92009
(760) 476-2200
(Address, including zip code, and telephone number, including area code, of principal executive offices)
Securities registered pursuant to Section 12(b) of the Act:
     
Common Stock, par value $0.0001 per share   The NASDAQ Stock Market LLC
(Title of Each Class)   (Name of Each Exchange on which Registered)
Securities registered pursuant to Section 12(g) of the Act:
None
     Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act of 1933. þ Yes o No
     Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934. o Yes þ No
     Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Exchange Act during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. þ Yes o No
     Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files). o Yes o No
     Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K is not contained herein, and will not be contained, to the best of registrant’s knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K. o
     Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See the definitions of “large accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act. (Check one):
             
Large accelerated filer þ   Accelerated filer o   Non-accelerated filer o   Smaller reporting company o
        (Do not check if a smaller reporting company)    
     Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). o Yes þ No
     The aggregate market value of the common stock held by non-affiliates of the registrant as of October 2, 2009 was approximately $788,872,693 (based on the closing price on that date for shares of the registrant’s common stock as reported by the Nasdaq Global Select Market).
     The number of shares outstanding of the registrant’s common stock, $.0001 par value, as of May 21, 2010 was 39,889,501.
 
 

 


 

Explanatory Note
          We are filing this Amendment No. 1 to our Annual Report on Form 10-K for the fiscal year ended April 2, 2010 (the “Annual Report”), originally filed with the Securities and Exchange Commission (“SEC”) on June 1, 2010, solely to re-file Exhibit 10.19 to the Annual Report (Award/Contract dated March 10, 2010 between ViaSat, Inc. and Space and Naval Warfare Systems, the “Award/Contract”) to include certain portions of the cover page, page 56, page 64, page 66, page 83 and page 85 of the Award/Contract and page 2 of Attachment H of the Award/Contract in response to certain comments we received in connection with our confidential treatment request. Certain other provisions of Exhibit 10.19 remain omitted pursuant to a confidential treatment request filed with the SEC.
          Except for the foregoing, this Amendment No. 1 does not amend the Annual Report in any way and does not modify or update any disclosures contained in the Annual Report, which continues to speak as of the original date of the Annual Report. Accordingly, this Amendment No. 1 should be read in conjunction with the Annual Report and our other filings made with the SEC subsequent to the Annual Report.

2


 

PART IV
ITEM 15. EXHIBITS, FINANCIAL STATEMENT SCHEDULES
Financial Statements
         
    Page
    Number
(1) Report of Independent Registered Public Accounting Firm
    F-1  
Consolidated Balance Sheets as of April 2, 2010 and April 3, 2009
    F-2  
Consolidated Statements of Operations for the fiscal years ended April 2, 2010, April 3, 2009 and March 28, 2008
    F-3  
Consolidated Statements of Cash Flows for the fiscal years ended April 2, 2010, April 3, 2009 and March 28, 2008
    F-4  
Consolidated Statements of Equity and Comprehensive Income for the fiscal years ended April 2, 2010, April 3, 2009 and March 28, 2008
    F-5  
Notes to the Consolidated Financial Statements
    F-6  
(2) Schedule II — Valuation and Qualifying Accounts
  II-1
     All other schedules are omitted because they are not applicable or the required information is shown in the financial statements or notes thereto.
Exhibits
                             
                            Filed or
Exhibit       Incorporated by Reference   Furnished
Number   Exhibit Description   Form   File No.   Exhibit   Filing Date   Herewith
2.1
  Agreement and Plan of Merger, dated as of September 30, 2009, by and among ViaSat, Inc., WildBlue Holding, Inc. and Aloha Merger Sub, Inc.   8-K   000-21767     2.1     10/02/2009    
 
                           
3.1
  Second Amended and Restated Certificate of Incorporation of ViaSat, Inc.   10-Q   000-21767     3.1     11/14/2000    
 
                           
3.2
  First Amended and Restated Bylaws of ViaSat, Inc.   S-3   333-116468     3.2     06/14/2004    
 
                           
4.1
  Form of Common Stock Certificate   S-1/A   333-13183     4.1     11/05/1996    
 
                           
4.2
  Indenture, dated as of October 22, 2009, by and among ViaSat, Inc., ViaSat Credit Corp., Enerdyne Technologies, Inc., ViaSat Satellite Ventures, LLC, VSV I Holdings, LLC, VSV II Holdings, LLC, ViaSat Satellite Ventures U.S. I, LLC, ViaSat Satellite Ventures U.S. II, LLC and Wilmington Trust FSB, as trustee   8-K   000-21767     4.1     10/22/2009    
 
                           
4.3
  Form of 8.875% Senior Note due 2016 of ViaSat, Inc. (attached as Exhibit A to the Indenture filed as Exhibit 4.2 hereto)   8-K   000-21767     4.1     10/22/2009    

3


 

                             
                            Filed or
Exhibit       Incorporated by Reference   Furnished
Number   Exhibit Description   Form   File No.   Exhibit   Filing Date   Herewith
4.4
  Registration Rights Agreement, dated as of October 22, 2009, by and among ViaSat, Inc., ViaSat Credit Corp., Enerdyne Technologies, Inc., ViaSat Satellite Ventures, LLC, VSV I Holdings, LLC, VSV II Holdings, LLC, ViaSat Satellite Ventures U.S. I, LLC, ViaSat Satellite Ventures U.S. II, LLC, J.P. Morgan Securities Inc., Banc of America Securities LLC, Wells Fargo Securities, LLC, Oppenheimer & Co. Inc. and Stephens Inc.   8-K   000-21767     4.2     10/22/2009    
 
                           
4.5
  Registration Rights Agreement, dated as of December 15, 2009, by and among ViaSat, Inc. and the selling stockholders listed on Schedule A thereto   8-K   000-21767     10.1     12/18/2009    
 
                           
10.1
  Form of Indemnification Agreement between ViaSat, Inc. and each of its directors and officers   8-K   000-21767     99.1     03/07/2008    
 
                           
10.2*
  ViaSat, Inc. Employee Stock Purchase Plan (as Amended and Restated Effective July 1, 2009)   8-K   000-21767     10.1     10/05/2009    
 
                           
10.3*
  1996 Equity Participation Plan of ViaSat, Inc. (As Amended and Restated Effective September 29, 2009)   8-K   000-21767     10.2     10/05/2009    
 
                           
10.4*
  Form of Stock Option Agreement for the 1996 Equity Participation Plan of ViaSat, Inc.   8-K   000-21767     10.2     10/02/2008    
 
                           
10.5*
  Form of Restricted Stock Unit Award Agreement for the 1996 Equity Participation Plan of ViaSat, Inc.   8-K   000-21767     10.3     10/02/2008    
 
                           
10.6*
  Form of Executive Restricted Stock Unit Award Agreement for the 1996 Equity Participation Plan of ViaSat, Inc.   8-K   000-21767     10.4     10/02/2008    
 
                           
10.7*
  Form of Non-Employee Director Restricted Stock Unit Award Agreement for the 1996 Equity Participation Plan of ViaSat, Inc.   8-K   000-21767     10.3     10/05/2009    
 
                           
10.8
  Fourth Amended and Restated Revolving Loan Agreement dated July 1, 2009 by and among ViaSat, Inc., Banc of America Securities LLC, Bank of America, N.A., JPMorgan Chase Bank, N.A., Union Bank, N.A. and the other lenders party thereto   10-Q   000-21767     10.2     08/12/2009    

4


 

                             
                            Filed or
Exhibit       Incorporated by Reference   Furnished
Number   Exhibit Description   Form   File No.   Exhibit   Filing Date   Herewith
10.9
  First Amendment to Fourth Amended and Restated Revolving Loan Agreement, dated as of September 30, 2009, by and among ViaSat, Inc., Banc of America Securities LLC, Bank of America, N.A., JPMorgan Chase Bank, N.A., Union Bank, N.A., and the other lenders party thereto   8-K   000-21767     10.1     10/02/2009    
 
                           
10.10
  Second Amendment to Fourth Amended and Restated Revolving Loan Agreement, dated as of October 6, 2009, by and among ViaSat, Inc., Banc of America Securities LLC, Bank of America, N.A., JPMorgan Chase Bank, N.A., Union Bank, N.A., Wells Fargo Bank, National Association and the other lenders party thereto   8-K   000-21767     10.1     10/09/2009    
 
                           
10.11
  Letter agreement, dated as of December 14, 2009, by and among ViaSat, Inc., Union Bank, N.A., and the other lenders party thereto   10-Q   000-21767     10.2     02/10/2010    
 
                           
10.12
  Fourth Amendment to Fourth Amended and Restated Revolving Loan Agreement, dated as of March 15, 2010, by and among ViaSat, Inc., Banc of America Securities LLC, Bank of America, N.A., JPMorgan Chase Bank, N.A., Union Bank, N.A., Wells Fargo Bank, National Association and the other lenders party thereto   8-K   000-21767     10.1     03/17/2010    
 
                           
10.13
  Lease, dated March 24, 1998, by and between W9/LNP Real Estate Limited Partnership and ViaSat, Inc. (6155 El Camino Real, Carlsbad, California)   10-K   000-21767     10.27     06/29/1998    
 
                           
10.14
  Amendment to Lease, dated June 17, 2004, by and between Levine Investments Limited Partnership and ViaSat, Inc. (6155 El Camino Real, Carlsbad, CA)   10-Q   000-21767     10.1     08/10/2004    
 
                           
10.15†
  Contract for the ViaSat Satellite Program dated as of January 7, 2008 between ViaSat, Inc. and Space Systems/Loral, Inc.   10-Q   000-21767     10.1     02/06/2008    
 
                           
10.16
  Beam Sharing Agreement dated January 11, 2008 between ViaSat, Inc. and Loral Space & Communications, Inc.   10-Q   000-21767     10.2     02/06/2008    
 
                           
10.17†
  Amended and Restated Launch Services Agreement dated May 7, 2009 between ViaSat, Inc. and Arianespace   10-K   000-21767     10.13     05/28/2009    

5


 

                             
                            Filed or
Exhibit       Incorporated by Reference   Furnished
Number   Exhibit Description   Form   File No.   Exhibit   Filing Date   Herewith
10.18†
  Contract for Launch Services dated March 5, 2009 between ViaSat, Inc. and ILS International Launch Services, Inc.   10-K   000-21767     10.14     05/28/2009    
 
                           
10.19†
  Award/Contract dated March 10, 2010 between ViaSat, Inc. and Space and Naval Warfare Systems                       X
 
                           
21.1
  Subsidiaries   10-K   000-21767     21.1     06/01/2010    
 
                           
23.1
  Consent of PricewaterhouseCoopers LLP, Independent Registered Public Accounting Firm   10-K   000-21767     23.1     06/01/2010    
 
                           
24.1
  Power of Attorney   10-K   000-21767   see signature page   06/01/2010    
 
                           
31.1
  Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 of Chief Executive Officer                       X
 
                           
31.2
  Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 of Chief Financial Officer                       X
 
                           
32.1
  Certifications Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002   10-K   000-21767     32.1     06/01/2010    
 
*   Indicates management contract, compensatory plan or arrangement.
 
  Portions of this exhibit (indicated by asterisks) have been omitted and separately filed with the Commission pursuant to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934.

6


 

SIGNATURES
     Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
         
  VIASAT, INC.
 
 
Date: August 3, 2010  By:   /s/ MARK D. DANKBERG    
    Chairman and Chief Executive Officer   
       
 

7

EXHIBIT 10.19
CERTAIN MATERIAL (INDICATED BY AN ASTERISK) HAS BEEN OMITTED FROM THIS DOCUMENT PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
                                         
                                         
  AWARD/CONTRACT     1. THIS CONTRACT IS A RATED ORDER
    UNDER DPAS (15 CFR 700)
  RATING
   DO-A7
  PAGE OF PAGES
  1            128
 
                                         
  2. CONTRACT (Proc. Inst. Ident.) NO.     3. EFFECTIVE DATE     4. REQUISITION/PURCHASE REQUEST/PROJECT NO.  
 
N00039-10-D-0032
    10 Mar 2010                          
                                         
  5. ISSUED BY CODE    N00039     6. ADMINISTERED BY (If other than Item 5) CODE    S0514A  
                                         
  COMMANDER, SPACE AND NAVAL WARFARE
SYSTEMS COMMAND
02 CONTRACTS
4301 PACIFIC HIGHWAY
SAN DIEGO CA 92110-3127

        DCMA SAN DIEGO
7675 DAGGET ST SUITE 200
SAN DIEGO CA 921112241
       
                                         
  7. NAME AND ADDRESS OF CONTRACTOR      (No., street, city, county, state and zip code)     8. DELIVERY  
  VIASAT, INC.       [   ] FOB ORIGIN    [ X ] OTHER    (See below)  
                                         
  6155 EL CAMINO REAL       9. DISCOUNT FOR PROMPT PAYMENT  
  CARLSBAD CA 92009-1602                      
                                         
                          10. SUBMIT INVOICES   ITEM  
                          (4 copies unless otherwise specified)        
                          TO THE ADDRESS     Block 6  
                                         
  CODE   47358     FACILITY CODE                       SHOWN IN:          
                                         
  11. SHIP TO/MARK FOR CODE          12. PAYMENT WILL BE MADE BY CODE    HQ0339  
 
 
          DFAS COLUMBUS CENTER            
 
 
          DFAS-CO/WEST ENTITLEMENT OPERATIONS            
 
 
          P.O. BOX 182381            
 
 
          COLUMBUS OH 43218-2381            
 
See Schedule


                               
                                         
  13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN
      COMPETITION:
    14. ACCOUNTING AND APPROPRIATION DATA        
  [    ] 10 U.S.C. 2304(c)(        ) [    ] 41 U.S.C. 253(c)(       )                                
                                       
 
15A. ITEM NO.
    15B. SUPPLIES/ SERVICES     15C. QUANTITY     15D. UNIT     15E. UNIT PRICE     15F. AMOUNT  
 
 
   

SEE SCHEDULE



                             
 
15G. TOTAL AMOUNT OF CONTRACT                      See Schedule
 
16. TABLE OF CONTENTS
                                                   
 
(X)
    SEC.     DESCRIPTION     PAGE(S)     (X)     SEC.     DESCRIPTION     PAGE(S)  
  PART I - THE SCHEDULE     PART II - CONTRACT CLAUSES  
 
X
    A     SOLICITATION/ CONTRACT FORM     1     X     I     CONTRACT CLAUSES     108 - 127  
  X     B     SUPPLIES OR SERVICES AND PRICES/ COSTS     2 - 34     PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS  
 
X
    C     DESCRIPTION/ SPECS./ WORK STATEMENT     35 - 44     X     J     LIST OF ATTACHMENTS     128  
  X     D     PACKAGING AND MARKING     45 - 55     PART IV - REPRESENTATIONS AND INSTRUCTIONS  
 
X
    E     INSPECTION AND ACCEPTANCE     56 - 57           K     REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS        
 
X
    F     DELIVERIES OR PERFORMANCE     58 - 61                      
 
X
    G     CONTRACT ADMINISTRATION DATA     62 - 70           L     INSTRS., CONDS., AND NOTICES TO OFFERORS        
 
X
    H     SPECIAL CONTRACT REQUIREMENTS     71 - 107           M     EVALUATION FACTORS FOR AWARD        
  CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE  
 
                       
  17. [ X ] CONTRACTOR’S NEGOTIATED AGREEMENT Contractor is required to sign this document and return 1 copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all the services set forth or otherwise identified above and on any continuation sheets for the consideration stated herein. The rights and obligations of the parties to this contract shall be subject to and governed by the following documents: (a) this award/contract, (b) the solicitation, if any, and (c) such provisions, representations, certifications, and specifications, as are attached or incorporated by reference herein.
(Attachments are listed herein.)
    18. [  ] AWARD (Contractor is not required to sign this document.) Your offer on Solicitation Number N00039-10-R-0011-0001
including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as to the items listed above and on any continuation sheets. This award consummates the contract which consists of the following documents : (a) the Government’s solicitation and your offer, an (b) this award/contract.
No furt her contractual document is necessary.
 
 
 
19A. NAME AND TITLE OF SIGNER     (Type or print)
Stephen E. Purcell
Senior Contracts Manager
    20A. NAME OF CONTRACTING OFFICER
MELISSA L. HAWKINS
TEL: 619 524 5626                      EMAIL: melissa.hawkins@navy.mil
 
 
 
19B. NAME OF CONTRACTOR
    19C. DATE SIGNED     20B. UNITED STATES OF AMERICA     20C. DATE SIGNED  
 
 
                   
 
BY /s/ S. E.Purcell
    February 24, 2010     BY /s/ Melissa L. Hawkins     10 MAR 2010  
 
(Signature of person authorized to sign)
          (Signature of Contracting Officer)        
 
     
AUTHORIZED FOR LOCAL REPRODUCTION
  STANDARD FORM 26 (REV. 4/2008)
 
   
Previous edition is usable
  Prescribed by GSA
FAR (48 CFR) 53.214(a)


 

N00039-10-D-0032

Page 2 of 137
     Section B — Supplies or Services and Prices
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
0001
        250     Each   See Table 1   See Table 1
FFP
                       
    MIDS-LVT (1) AN/USQ-140(V)1(C)
    Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (1) — (AN/USQ-140(V)1(C),
See Notes 1 and 2
    FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
0002
        41     Each   See Table 1   See Table 1
FFP
                       
    MIDS LVT(4) AN/USQ-140(V)4(C)
    Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (4) — (AN/USQ-140(V)4(C),
See Notes 1, 2, and 3
    FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
0003
        104     Each   See Table 1   See Table 1
FFP
                       
    MIDS LVT(6) AN/USQ-140(V)6(C)
    Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (6) — (AN/USQ-140(V)6(C),
See Notes 1 and 2
    FOB: Origin

 


 

N00039-10-D-0032

Page 3 of 137
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
0004
        21     Each   See Table 1   See Table 1
FFP
                       
    MIDS LVT(7) AN/USQ-140(V)7(C)
    Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (7) — (AN/USQ-140(V)7(C),
See Notes 1 and 2
    FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
0005
        91     Each   To Be Determined   TBD
FFP
                  (TBD)    
    MIDS LVT(3) AN/USQ-140(V)3(C)
    Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (3) - (AN/USQ-140(V)3(C),
See Notes 2 and 9
    FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
0006
        70     Each   See Table 1   See Table 1
FFP
                       
    MIDS LVT(2) AN/USQ-140(V)2(C)
    Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (2) — (AN/USQ-140(V)2(C),
See Notes 1 and 2
    FOB: Origin

 


 

N00039-10-D-0032

Page 4 of 137
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
0007
        47     Each   See Table 1   See Table 1
FFP
                       
    MIDS LVT(11) AN/USQ-140(V)11(C)
    Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (11) — (AN/USQ-140(V)11(C),
See Notes 1 and 2
    FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
0008
        50     Each   See Table 1   See Table 1
FFP
                       
    MIDS-LVT Spare LRUs and SRUs
    MIDS-LVT Spare Line Replaceable Units and Shop Replaceable Units (SRUs), See Note 1
    FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
0009
        1     Lot   NSP   NSP
FFP
                       
    WARRANTY
    Warranty (Not Separately Priced — NSP), See Note 4
    FOB: Destination
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
0010
        1     Lot   NSP   NSP
FFP
                       
    Data Exhibit “A” (except CDRL A006)
    Data in accordance with Contract Data Requirements List (CDRL), DD Form 1423, Exhibit “A” (except Data Item A006) for CLINs 0001, 0002, 0003, 0004, 0005, 0006, 0007, 0008, and 0009 (Not Separately Priced — included in the price of CLINs 0001, 0002, 0003, 0004, 0005, 0006, 0007, 0008, and 0009)
    FOB: Destination

 


 

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        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
0011
FFP
      To Be
Negotiated
(TBN)
  Lot   TBN   TBN
    Engineering Services
    (TBN) Engineering Services (FIRM FIXED PRICE), See Note 6
    FOB: Destination
                     
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
0012
      TBN   Lot   TBN   TBN
CPFF
                   
    Engineering Services
    (TBN) Engineering Services (Cost Plus Fixed Fee or Cost Plus Incentive Fee), See Notes 6 & 7
    FOB: Destination
    UNDEFINED
 
              MAX COST       TBN
 
              FIXED FEE       TBN
 
                   
            TOTAL MAX COST + FIXED FEE       TBN
                     
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   AMOUNT
0013
                   
 
  RESERVED                

 


 

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        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
0014
      TBN   Lot   TBN   TBN
COST
                   
    TRAVEL
    (TBN) Travel in support of CLINs 0011 and 0012, See Notes 5 & 6
    FOB: Destination
 
                   
 
              ESTIMATED COST   TBN
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
0015
        1     Lot   NSP   NSP
FFP
                       
    Data Exhibit “D”
    Data in accordance with Contract Data Requirements List (CDRL), DD Form 1423, Exhibit “D” for CLINs 0011 and 0012 (Not Separately Priced — included in the price of CLINs 0011 and 0012)
    FOB: Destination
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
1001
        1     Lot   TBN   TBN
FFP
                       
OPTION   Data Exhibit “A,” CDRL A006
    Data in accordance with Contract Data Requirements List (CDRL), DD Form 1423, Exhibit “A” — Data Item A006 only, Technical Data Package, See Notes 6 & 8
    FOB: Destination

 


 

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        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
1002
        1     Lot   NSP   NSP
FFP
                       
OPTION   Rights in CDRL A006
    Technical Data Rights, Computer Software Rights, and Computer Software Documentation Rights in CDRL A006, TDP,
See note 8
    FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
2001
        226     Each   See Table 1   See Table 1
FFP
                       
OPTION   MIDS-LVT (1) AN/USQ-140(V)1(C)
    Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (1) — (AN/USQ-140(V)1(C),
See Notes 1 and 2
    FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
2002
        38     Each   See Table 1   See Table 1
FFP
                       
OPTION   MIDS LVT(4) AN/USQ-140(V)4(C)
    Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (4) — (AN/USQ-140(V)4(C),
See Notes 1, 2, and 3
    FOB: Origin

 


 

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        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
2003
        94     Each   See Table 1   See Table 1
FFP
                       
OPTION   MIDS LVT(6) AN/USQ-140(V)6(C)
    Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (6) — (AN/USQ-140(V)6(C),
See Notes 1 and 2
    FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
2004
        19     Each   See Table 1   See Table 1
FFP
                       
OPTION   MIDS LVT(7) AN/USQ-140(V)7(C)
    Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (7) — (AN/USQ-140(V)7(C),
See Notes 1 and 2
    FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
2005
        78     Each   TBD   TBD
FFP
                       
OPTION   MIDS LVT(3) AN/USQ-140(V)3(C)
    Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (3) — (AN/USQ-140(V)3(C),
See Notes 2 and 9
    FOB: Origin

 


 

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        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
2006
        66     Each   See Table 1   See Table 1
FFP
                       
OPTION   MIDS LVT(2) AN/USQ-140(V)2(C)
    Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (2) — (AN/USQ-140(V)2(C),
See Notes 1 and 2
    FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
2007
        44     Each   See Table 1   See Table 1
FFP
                       
OPTION   MIDS LVT(11) AN/USQ-140(V)11(C)
    Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (11) — (AN/USQ-140(V)11(C),
See Notes 1 and 2
    FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
2008
        50     Each   See Table 1   See Table 1
FFP
                       
OPTION   MIDS-LVT Spare LRUs and SRUs
    MIDS-LVT Spare Line Replaceable Units and Shop Replaceable Units (SRUs), See Note 1
    FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
2009
        1     Lot   NSP   NSP
FFP
                       
OPTION   WARRANTY
    Warranty (Not Separately Priced — NSP), See Note 4
    FOB: Destination

 


 

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        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
2010
        1     Lot   NSP   NSP
FFP
                       
OPTION   Data Exhibit “A” (except CDRL A006)
    Data in accordance with Contract Data Requirements List (CDRL), DD Form 1423, Exhibit “A” (except Data Item A006) for CLINs 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, and 2009 (Not Separately Priced — included in the price of CLINs 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, and 2009)
    FOB: Destination
                     
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
2011
      TBN   Lot   TBN   TBN
FFP
                   
OPTION   Engineering Services
    (TBN) Engineering Services (FIRM FIXED PRICE), See Note 6
    FOB: Destination
                     
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
2012
      TBN   Lot   TBN   TBN
CPFF
                   
OPTION   Engineering Services
    (TBN) Engineering Services (Cost Plus Fixed Fee or Cost Plus Incentive Fee), See Notes 6 & 7
    FOB: Destination
    UNDEFINED
 
              MAX COST       TBN
 
              FIXED FEE       TBN
 
                   
            TOTAL MAX COST + FIXED FEE       TBN

 


 

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ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   AMOUNT
2013
                   
OPTION
  RESERVED                
                     
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
2014
      TBN   Lot   TBN   TBN
COST
                   
OPTION   TRAVEL
    (TBN) Travel in support of CLINs 2011 and 2012, See Notes 5 & 6
    FOB: Destination
 
                   
 
              ESTIMATED COST   TBN
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
2015
        1     Lot   NSP   NSP
FFP
                       
OPTION   Data Exhibit “D”
    Data in accordance with Contract Data Requirements List (CDRL), DD Form 1423, Exhibit “D” for CLINs 2011 and 2012 (Not Separately Priced — included in the price of CLINs 2011 and 2012)
    FOB: Destination

 


 

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        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
3001
        203     Each   See Table 1   See Table 1
FFP
                       
OPTION   MIDS-LVT (1) AN/USQ-140(V)1(C)
    Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (1) — (AN/USQ-140(V)1(C),
See Notes 1 and 2
    FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
3002
        34     Each   See Table 1   See Table 1
FFP
                       
OPTION   MIDS LVT(4) AN/USQ-140(V)4(C)
    Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (4) — (AN/USQ-140(V)4(C),
See Notes 1, 2, and 3
    FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
3003
        84     Each   See Table 1   See Table 1
FFP
                       
OPTION   MIDS LVT(6) AN/USQ-140(V)6(C)
    Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (6) — (AN/USQ-140(V)6(C),
See Notes 1 and 2
    FOB: Origin

 


 

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        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
3004
        17     Each   See Table 1   See Table 1
FFP
                       
OPTION   MIDS LVT(7) AN/USQ-140(V)7(C)
    Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (7) — (AN/USQ-140(V)7(C),
See Notes 1 and 2
    FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
3005
        65     Each   TBD   TBD
FFP
                       
OPTION   MIDS LVT(3) AN/USQ-140(V)3(C)
    Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (3) — (AN/USQ-140(V)3(C),
See Notes 2 and 9
    FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
3006
        62     Each   See Table 1   See Table 1
FFP
                       
OPTION   MIDS LVT(2) AN/USQ-140(V)2(C)
    Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (2) — (AN/USQ-140(V)2(C),
See Notes 1 and 2
    FOB: Origin

 


 

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        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
3007
FFP
        42     Each   See Table 1   See Table 1
OPTION   MIDS LVT(11) AN/USQ-140(V)11(C)
Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (11) — (AN/USQ-140(V)11(C), See Notes 1 and 2
FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
3008
FFP
        50     Each   See Table 1   See Table 1
OPTION   MIDS-LVT Spare LRUs and SRUs
MIDS-LVT Spare Line Replaceable Units and Shop Replaceable Units (SRUs), See Note 1
FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
3009
FFP
        1     Lot   NSP   NSP
OPTION   WARRANTY
Warranty (Not Separately Priced — NSP), See Note 4
FOB: Destination
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
3010
FFP
        1     Lot   NSP   NSP
OPTION   Data Exhibit “A” (except CDRL A006)
Data in accordance with Contract Data Requirements List (CDRL), DD Form 1423, Exhibit “A” (except Data Item A006) for CLINs 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, and 3009 (Not Separately Priced — included in the price of CLINs 3001, 3002, 3003, 3004, 3005, 3006, 3007, 3008, and 3009)
FOB: Destination

 


 

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        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
3011
FFP
      TBN   Lot   TBN   TBN
OPTION   Engineering Services
(TBN) Engineering Services (FIRM FIXED PRICE), See Note 6
FOB: Destination
                     
        MAX        
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
3012
CPFF
      TBN   Lot   TBN   TBN
OPTION   Engineering Services
(TBN) Engineering Services (Cost Plus Fixed Fee or Cost Plus Incentive Fee), See Notes 6 & 7
FOB: Destination
UNDEFINED
 
  MAX COST   TBN
 
  FIXED FEE   TBN
 
  TOTAL MAX COST + FIXED FEE   TBN
                     
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   AMOUNT
3013
                   
 
                   
OPTION
  RESERVED                

 


 

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        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
3014
COST
      TBN   Lot   TBN   TBN
OPTION   TRAVEL
(TBN) Travel in support of CLINs 3011 and 3012, See Notes 5 & 6
FOB: Destination
 
  ESTIMATED COST   TBN
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
3015
FFP
        1     Lot   NSP   NSP
OPTION   Data Exhibit “D”
Data in accordance with Contract Data Requirements List (CDRL), DD Form 1423, Exhibit “D” for CLINs 3011 and 3012 (Not Separately Priced — included in the price of CLINs 3011 and 3012)
FOB: Destination
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
4001
FFP
        172     Each   See Table 1   See Table 1
OPTION   MIDS-LVT (1) AN/USQ-140(V)1(C)
Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (1) — (AN/USQ-140(V)1(C),
See Notes 1 and 2
FOB: Origin

 


 

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        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
4002
FFP
        29     Each   See Table 1   See Table 1
OPTION   MIDS LVT(4) AN/USQ-140(V)4(C)
Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (4) — (AN/USQ-140(V)4(C),
See Notes 1, 2, and 3
FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
4003
FFP
        71     Each   See Table 1   See Table 1
OPTION   MIDS LVT(6) AN/USQ-140(V)6(C)
Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (6) — (AN/USQ-140(V)6(C),
See Notes 1 and 2
FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
4004
FFP
        14     Each   See Table 1   See Table 1
OPTION   MIDS LVT(7) AN/USQ-140(V)7(C)
Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (7) — (AN/USQ-140(V)7(C),
See Notes 1 and 2
FOB: Origin

 


 

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        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
4005
FFP
        52     Each   TBD   TBD
OPTION   MIDS LVT(3) AN/USQ-140(V)3(C)
Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (3) — (AN/USQ-140(V)3(C),
See Notes 2 and 9
FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
4006
FFP
        58     Each   See Table 1   See Table 1
OPTION   MIDS LVT(2) AN/USQ-140(V)2(C)
Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (2) — (AN/USQ-140(V)2(C),
See Notes 1 and 2
FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
4007
FFP
        39     Each   See Table 1   See Table 1
OPTION   MIDS LVT(11) AN/USQ-140(V)11(C)
Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (11) — (AN/USQ-140(V)11(C),
See Notes 1 and 2
FOB: Origin

 


 

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        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
4008
FFP
        50     Each   See Table 1   See Table 1
OPTION   MIDS-LVT Spare LRUs and SRUs
MIDS-LVT Spare Line Replaceable Units and Shop Replaceable Units (SRUs), See Note 1
FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
4009
FFP
        1     Lot   NSP   NSP
OPTION   WARRANTY
Warranty (Not Separately Priced — NSP), See Note 4
FOB: Destination
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
4010
FFP
        1     Lot   NSP   NSP
OPTION   Data Exhibit “A” (except CDRL A006)
Data in accordance with Contract Data Requirements List (CDRL), DD Form 1423, Exhibit “A” (except Data Item A006) for CLINs 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, and 4009 (Not Separately Priced — included in the price of CLINs 4001, 4002, 4003, 4004, 4005, 4006, 4007, 4008, and 4009)
FOB: Destination
                     
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
4011
FFP
      TBN   Lot   TBN   TBN
OPTION   Engineering Services
(TBN) Engineering Services (FIRM FIXED PRICE), See Note 6
FOB: Destination

 


 

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        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
4012
CPFF
      TBN   Lot   TBN   TBN
OPTION   Engineering Services
(TBN) Engineering Services (Cost Plus Fixed Fee or Cost Plus Incentive Fee), See Notes 6 & 7
FOB: Destination
UNDEFINED
 
  MAX COST   TBN
 
  FIXED FEE   TBN
 
  TOTAL MAX COST + FIXED FEE   TBN
                     
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   AMOUNT
4013
                   
OPTION
  RESERVED                
                     
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
4014
COST
      TBN   Lot   TBN   TBN
OPTION   TRAVEL
(TBN) Travel in support of CLINs 4011 and 4012, See Notes 5 & 6
FOB: Destination
 
  ESTIMATED COST   TBN

 


 

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        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
4015
FFP
        1     Lot   NSP   NSP
OPTION   Data Exhibit “D”
Data in accordance with Contract Data Requirements List (CDRL), DD Form 1423, Exhibit “D” for CLINs 4011 and 4012 (Not Separately Priced — included in the price of CLINs 4011 and 4012)
FOB: Destination
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
5001
FFP
        125     Each   See Table 1   See Table 1
OPTION   MIDS-LVT (1) AN/USQ-140(V)1(C)
Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (1) — (AN/USQ-140(V)1(C),
See Notes 1 and 2
FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
5002
FFP
        21     Each   See Table   1 See Table 1
OPTION   MIDS LVT(4) AN/USQ-140(V)4(C)
Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (4) — (AN/USQ-140(V)4(C),
See Notes 1, 2, and 3
FOB: Origin

 


 

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        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
5003
FFP
        52     Each   See Table 1   See Table 1
OPTION   MIDS LVT(6) AN/USQ-140(V)6(C)
Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (6) — (AN/USQ-140(V)6(C),
See Notes 1 and 2
FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
5004
FFP
        10     Each   See Table 1   See Table 1
OPTION   MIDS LVT(7) AN/USQ-140(V)7(C)
Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (7) — (AN/USQ-140(V)7(C),
See Notes 1 and 2
FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
5005
FFP
        39     Each   TBD   TBD
OPTION   MIDS LVT(3) AN/USQ-140(V)3(C)
Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (3) — (AN/USQ-140(V)3(C),
See Notes 2 and 9
FOB: Origin

 


 

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        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
5006
FFP
        55     Each   See Table 1   See Table 1
OPTION   MIDS LVT(2) AN/USQ-140(V)2(C)
Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (2) — (AN/USQ-140(V)2(C),
See Notes 1 and 2
FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
5007
FFP
        36     Each   See Table 1   See Table 1
OPTION   MIDS LVT(11) AN/USQ-140(V)11(C)
Multifunctional Information Distribution System Low Volume Terminals (MIDS- LVT (11) — (AN/USQ-140(V)11(C),
See Notes 1 and 2
FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
5008
FFP
        50     Each   See Table 1   See Table 1
OPTION   MIDS-LVT Spare LRUs and SRUs
MIDS-LVT Spare Line Replaceable Units and Shop Replaceable Units (SRUs), See Note 1
FOB: Origin
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
5009
FFP
        1     Lot   NSP   NSP
OPTION   WARRANTY
Warranty (Not Separately Priced — NSP), See Note 4
FOB: Destination

 


 

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        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
5010
FFP
        1     Lot   NSP   NSP
OPTION   Data Exhibit “A” (except CDRL A006)
Data in accordance with Contract Data Requirements List (CDRL), DD Form 1423, Exhibit “A” (except Data Item A006) for CLINs 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, and 5009 (Not Separately Priced — included in the price of CLINs 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, and 5009)
FOB: Destination
                     
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
5011
FFP
      TBN   Lot   TBN   TBN
OPTION   Engineering Services
(TBN) Engineering Services (FIRM FIXED PRICE), See Note 6
FOB: Destination
                     
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
5012
CPFF
      TBN   Lot   TBN   TBN
OPTION   Engineering Services
(TBN) Engineering Services (Cost Plus Fixed Fee or Cost Plus Incentive Fee), See Notes 6 & 7
FOB: Destination
UNDEFINED
 
  MAX COST   TBN
 
  FIXED FEE   TBN
 
  TOTAL MAX COST + FIXED FEE   TBN

 


 

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ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   AMOUNT
5013
                   
OPTION
  RESERVED                
                     
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
5014
COST
      TBN   Lot   TBN   TBN
OPTION   TRAVEL
(TBN) Travel in support of CLINs 5011 and 5012, See Notes 5 & 6
FOB: Destination
 
            ESTIMATED COST    TBN
                         
        MAX            
ITEM NO   SUPPLIES/SERVICES   QUANTITY   UNIT   UNIT PRICE   MAX AMOUNT
5015
FFP
        1     Lot   NSP   NSP
OPTION   Data Exhibit “D”
Data in accordance with Contract Data Requirements List (CDRL), DD Form 1423, Exhibit “D” for CLINs 5011 and 5012 (Not Separately Priced - included in the price of CLINs 5011 and 5012)
FOB: Destination

 


 

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           PRICE LIST A WARRANTY
                                         
PRICE LIST A: WARRANTY UNIT PRICES      
    LEVEL OF COVERAGE  
    FIRST     SECOND     THIRD     FOURTH     FIFTH  
    ORDERING     ORDERING     ORDERING     ORDERING     ORDERING  
    PERIOD     PERIOD     PERIOD     PERIOD     PERIOD  
    4 years/ no     4 years/ no     4 years/ no     4 years/ no     4 years/ no  
    associated     associated     associated     associated     associated  
ITEM   hours     hours     hours     hours     hours  
MIDS-LVT(1) Radio Terminal Set
    [***]       [***]       [***]       [***]       [***]  
MIDS-LVT(4) Radio Terminal Set
    [***]       [***]       [***]       [***]       [***]  
MIDS-LVT(6) Radio Terminal Set
    [***]       [***]       [***]       [***]       [***]  
MIDS-LVT(7) Radio Terminal Set
    [***]       [***]       [***]       [***]       [***]  
MIDS-LVT(3) Radio Terminal Set
    [***]       [***]       [***]       [***]       [***]  
MIDS-LVT(1) Receiver-Transmitter LRU
    [***]       [***]       [***]       [***]       [***]  
MIDS-LVT(4) Receiver-Transmitter LRU
    [***]       [***]       [***]       [***]       [***]  
MIDS-LVT(6) Receiver-Transmitter LRU
    [***]       [***]       [***]       [***]       [***]  
MIDS-LVT(7) Receiver-Transmitter LRU
    [***]       [***]       [***]       [***]       [***]  
Chassis/Harness SRU
    [***]       [***]       [***]       [***]       [***]  
Internal Power Supply SRU
    [***]       [***]       [***]       [***]       [***]  
Power Amplifier Interface SRU
    [***]       [***]       [***]       [***]       [***]  
DP/AV MUX SRU
    [***]       [***]       [***]       [***]       [***]  
Signal Message Processor SRU
    [***]       [***]       [***]       [***]       [***]  
Receiver/Synthesizer SRU
    [***]       [***]       [***]       [***]       [***]  
Exciter/IPF SRU
    [***]       [***]       [***]       [***]       [***]  
RTI/Discretes SRU
    [***]       [***]       [***]       [***]       [***]  
TP/GND MUX SRU
    [***]       [***]       [***]       [***]       [***]  
AC Adapter LRU
    [***]       [***]       [***]       [***]       [***]  
Voice SRU
    [***]       [***]       [***]       [***]       [***]  
TACAN SRU
    [***]       [***]       [***]       [***]       [***]  
Remote Power Supply LRU
    [***]       [***]       [***]       [***]       [***]  
High Power Amplifier Group (HPAG) Interface Assembly (HIA) Auxiliary LRU
    [***]       [***]       [***]       [***]       [***]  
MIDS-LVT(11) Radio Terminal Set
    [***]       [***]       [***]       [***]       [***]  
MIDS-LVT(2) Radio Terminal Set
    [***]       [***]       [***]       [***]       [***]  
MIDS-LVT(11) Receiver-Transmitter LRU
    [***]       [***]       [***]       [***]       [***]  
MIDS-LVT(2) Receiver-Transmitter LRU
    [***]       [***]       [***]       [***]       [***]  
Chassis/Harness SRU — LVT(2)/(11) only
    [***]       [***]       [***]       [***]       [***]  
Internal Power Supply (IPS) SRU — LVT(2)/(11) only
    [***]       [***]       [***]       [***]       [***]  
Power Amplifier SRU — LVT(2)/(11) only
    [***]       [***]       [***]       [***]       [***]  
Signal Message Processor SRU — LVT(2)/(11) only
    [***]       [***]       [***]       [***]       [***]  
Receiver/Synthesizer SRU — LVT(2)/(11) only
    [***]       [***]       [***]       [***]       [***]  
Exciter/IPF SRU — LVT(2)/(11) only
    [***]       [***]       [***]       [***]       [***]  
RTI/Discretes SRU — LVT(2)/(11) only
    [***]       [***]       [***]       [***]       [***]  
DP/Dual ADDSI SRU — LVT(2)/(11) only
    [***]       [***]       [***]       [***]       [***]  
Voice SRU — LVT(11) only
    [***]       [***]       [***]       [***]       [***]  
Mounting Base Auxiliary LRU — LVT(2)/(11) only
    [***]       [***]       [***]       [***]       [***]  
Cooling Unit LRU — LVT(2)/(11) only
    [***]       [***]       [***]       [***]       [***]  
PSA LRU — LVT(2)/(11) only
    [***]       [***]       [***]       [***]       [***]  
Ancillary Set — LVT(2) only
    [***]       [***]       [***]       [***]       [***]  
Ancillary Set with Voice — LVT(11) only
    [***]       [***]       [***]       [***]       [***]  
 
*   Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
 

 


 

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CLIN NOTES
NOTES:
1. The Contractor’s pricing curves, which are incorporated in the contract via Clause B-4, will be used to price all MIDS-LVT and spare LRUs and SRUs ordered under this contract, including the ordering periods covered by Options two (2) through five (5), unless the Government issues a request for proposal (RFP) to the Contractor that (a) calls for pricing curve improvements or (b) makes changes to the current MIDS LVT requirements.
2. The combined minimum and maximum quantities to be ordered for each ordering period under CLINs 0001 through 0004, CLIN 0005, CLIN 0006 through 0007, 2001 through 2004, CLIN 2005, CLIN 2006 through 2007, 3001 through 3004, CLIN 3005, CLIN 3006 through 3007, 4001 through 4004, CLIN 4005, CLIN 4006 through 4007, 5001 through 5004, 5005, and 5006 through 5007 are as follows:
First Year Ordering Period:
         
0001-0004:
  0005:   0006-0007 :
MIN:12
MAX:416
  MIN: 0
MAX: 91
  MIN: 0
MAX: 117
Second Year Ordering Period:
         
2001-2004:
  2005:   2006-2007:
MIN: 0
MAX:377
  MIN: 0
MAX: 78
  MIN: 0
MAX: 110
Third Year Ordering Period:
         
3001-3004:
  3005:   3006-3007:
MIN: 0
MAX:338
  MIN: 0
MAX: 65
  MIN: 0
MAX: 104
Fourth Year Ordering Period:
         
4001-4004:
  4005:   4006-4007:
MIN:0
MAX:286
  MIN: 0
MAX: 52
  MIN: 0
MAX: 97

 


 

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Fifth Year Ordering Period:
         
5001-5004:
  5005:   5006-5007:
MIN: 0
  MIN: 0   MIN: 0
MAX: 208
  MAX: 39   MAX: 91
3. Any MIDS LVT(4) terminals (AN/USQ-140(V)4(C)) ordered under this contract with the term “NSIO” in the Section B schedule in an individual delivery order are required to be delivered with CORE, NCP, and NSIO software in accordance with Clause H-41.
4. Each individual delivery order will state whether or not a warranty is ordered for a particular MIDS LVT or spare LRU/SRU subCLIN. The prices for the MIDS LVT warranty or LRU/SRU warranties will be listed in Price List A. When a warranty is ordered for a particular MIDS LVT and LRU/SRU subCLIN, the warranty price will be included in the subCLIN terminal or LRU/SRU unit price under which the warranty terminal or LRU/SRU is ordered.
5. Travel shall be charged in support of the Engineering Services CLINs only if the Cost/No Fee CLIN for Travel is included in an individual delivery order for those services.
6. These CLINs must be negotiated before they may be ordered.
7. These CLINs may be negotiated in individual delivery/task orders on a CPFF or CPIF basis.
8. If ordered, the data, software, and software documentation rights associated with CLIN 1002 will be included in the price of CLIN 1001.
9. The pricing of MIDS-LVT(3) (AN/USQ-140V(3)(C)) shall be established at a later date as a within scope adjustement to the contract.
B-1
B-1. 5252.216-9200 PAYMENT OF FIXED FEE (COMPLETION TYPE) (JAN 1989) (APPLICABLE TO ALL COST PLUS FIXED FEE CLINS *)
FIXED FEE: $              **              . The Government shall make payment to the Contractor when requested as work progresses, but no more frequently than biweekly, on account of the fixed fee, equal to           **           percent of the amounts invoiced by the Contractor under the “Allowable Cost and Payment” clause hereof for the related period, subject to the withholding provisions of paragraph (b) of the “Fixed Fee” clause. In the event of discontinuance of the work in accordance with the clause of this contract entitled “Limitation of           ***          , the fixed fee shall be redetermined by mutual agreement equitably to reflect the diminution of the work performed; the amount by which such fixed fee is less than, or exceeds payments previously made on account of fee, shall be paid, or repaid by, the Contractor, as the case may be.
 
*   This clause will be included in all cost plus fixed fee completion type delivery orders.
 
**   These elements will be completed in individual delivery orders.

 


 

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***   If the delivery order is fully funded, this will state “Cost.” If the delivery order is not fully funded, this will state “Funds.”
B-2
B-2. 5252.216-9201 PAYMENT OF FIXED FEE BASED ON STAFF-HOURS (TERM TYPE) (NOV 2003) (APPLICABLE TO ALL COST PLUS FIXED FEE CLINS*)
The fixed fee for work performed under this contract is $            **            [ Contracting officer insert the negotiated fixed fee amount ], provided that not less than          **            [ Contracting officer insert negotiated number of hours ] staff-hours of direct labor are so employed on such work by the Contractor. If substantially less than          **            [ Contracting officer insert negotiated number of hours ] staff-hours of direct labor are so employed for such work, the fixed fee shall be equitably reduced to reflect the reduction of work. The Government shall make payments to the Contractor when requested as work progresses, but not more frequently than biweekly, on account of the fixed fee, equal to          **            [ Contracting officer insert percentage ] percent of the amounts invoiced by the Contractor under the “Allowable Cost and Payment” clause hereof for the related period, subject to the withholding provisions of paragraph (b) of the “Fixed Fee” clause provided that the total of all such payments shall not exceed eighty-five percent (85%) of the fixed fee. Any balance of fixed fee due the contractor shall be paid to the Contractor, and any overpayment of fixed fee shall be repaid to the Government by the Contractor, or otherwise credited to the Government, at the time of final payment.
 
*   This clause will be included in all cost plus fixed fee term type (i.e., level of effort) delivery orders.
 
**   These elements will be completed in individual delivery orders.
B-3
B-3. 5252.216-9203 PAYMENT OF INCENTIVE FEE (JAN 1989) (APPLICABLE TO ALL COST PLUS INCENTIVE FEE CLINS*)
TARGET COST (Exclusive of Fee): $          **          .
MINIMUM FEE: $          **            .
MAXIMUM FEE: $          **            .
SHARE RATIO:          **            .
The allowable cost and incentive fee hereunder shall be paid in accordance with the clauses of the contract entitled “Allowable Cost and Payment” and “Incentive Fee”.

 


 

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The Government shall make payment on account of the target fee of            **            percent (%) of the amounts payable under each invoice for the work performed, subject however, to the withholding provisions of paragraph (c) of the “Incentive Fee” clause of this contract.
In the event of discontinuance of the work in accordance with the clause entitled “Limitation of          **            [ Contracting officer insert “Cost” or “Funds” as appropriate ],” the fee shall be redetermined by mutual agreement equitably to reflect the diminution of the work performed; the amount by which such fee is less than or exceeds, payments previously made on account of fee, shall be paid to, or repaid by, the Contractor, as the case may be.
 
*   This clause will be included in all cost plus incentive fee type delivery orders.
 
**   These elements will be completed in individual delivery orders.
B-4
B-4. PRICES FOR MIDS-LVT’s AND SPARES (APPLICABLE TO CLINS 0001 THROUGH 0007, 2001 THROUGH 2007, 3001 THROUGH 3007, 4001 THROUGH 4007, and 5001 THROUGH 5007)
(a) The MIDS-LVT Pricing Structure described herein generates the firm-fixed-prices for all quantities of SRUs, LRUs and fully configured terminals identified in each delivery order over the life of the contract. Per Clause H-5 “Method of Selection for Issuance of Delivery Orders”, the contractor may submit price improvements to its Pricing Structure at any time. The Government, however, is not obligated to accept price improvements and incorporate them into the contract.
(b) The Pricing Structure provides individual firm-fixed-prices by applying a learning curve formula with an additional rate curve to account for the potential economies of scale, or small lot sizes, with each delivery order. For each MIDS module listed in Table 1, the Pricing Structure will identify the associated learning and rate curves and the theoretical first unit price adjusted for a rate of one unit (T1R1). The learning curve value represents a combined labor and material slope.
(c) The T1R1 price for each MIDS module includes all material costs, subcontract costs, other direct costs, direct and indirect manufacturing labor costs, direct and indirect engineering labor costs, inclusive of, but not limited to, systems engineering, program management, and configuration and data management activities, other indirect costs in approved Forward Pricing Rate Agreements and profit. Other indirect costs may include General and Administrative costs and Facilities Capital Cost of Money. The Pricing Structure may include escalation.
(d) The number of individual MIDS modules and IAT&C efforts being produced for a particular delivery order will be calculated by adding the quantities of respective modules and IAT&C requirements for MIDS-LVTs and spares. Commonality between LVT(1) and LVT(2) modules will be maximized to achieve economic savings by combining common module requirements. The calculated quantity of MIDS modules to be ordered is entered into the Pricing Structure

 


 

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formula which then produces a firm fixed average unit price for each module and IAT&C effort. The average unit price of an SRU module represents the spares purchase unit price for that SRU module. The purchase unit prices for a MIDS-LVT configuration or a spare Main Terminal LRU are calculated by summing the average unit prices for the required SRUs and IAT&C efforts to build the respective MIDS-LVT configuration or spare Main Terminal LRU.
(e) The Pricing Structure will identify the learning curve theory and formula variable definitions in Table 2.
B-5
B-5. 5252.232-9400 LIMITATION OF LIABILITY—INCREMENTAL FUNDING (JAN 1992) (APPLICABLE TO ALL COST REIMBURSEMENT CLINS*)
This task/delivery order is incrementally funded and the amount currently available for payment hereunder is limited to $          **            inclusive of fee. It is estimated that these funds will cover the cost of performance through            **            . Subject to the provisions of the FAR 52.232-22 “Limitation of Funds” clause of this contract, no legal liability on the part of the Government for payment in excess of $          *            shall arise unless additional funds are made available and are incorporated as modifications to this contract.
 
*   This clause will be included in all task or delivery orders that are incrementally funded.
 
**   These elements will be completed in individual delivery orders.
B-6
B-6. FAR 52.217-7 OPTION FOR INCREASED QUANTITY — SEPARATELY PRICED LINE ITEM (MAR 1989) (APPLICABLE TO CLINS 1001 — 1002)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within five years after the award of the contract. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
B-7
B-7. FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (APPLICABLE TO CLINS 2001 — 2015, 3001 — 3015, 4001 — 4015, and 5001 — 5015)
(a) The Government may extend the term of this contract by written notice to the Contractor at any time before the current term expires, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

 


 

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(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.
TABLE 1
TABLE 1
Please refer to Clause B-4
             
        Learning   Rate
MIDS Modules   T1R1   Curve   Curve
Chassis/Harness SRU — LVT(1)
  *   *   *
Internal Power Supply SRU
  *   *   *
Power Amplifier Interface SRU
  *   *   *
Voice SRU
  *   *   *
Tailored Processor/Ground Mux SRU
  *   *   *
Data Processor/Avionics Mux SRU
  *   *   *
Signal Message Processor SRU**
  *   *   *
RTI/Discretes SRU
  *   *   *
Receiver/Synthesizer SRU
  *   *   *
TACAN SRU
  *   *   *
Exciter/IPF SRU
  *   *   *
Remote Power Supply LRU
  *   *   *
HPAG Interface Assembly LRU
  *   *   *
AC Adapter LRU
  *   *   *
Chassis/Harness SRU — LVT(2)/(11)
  *   *   *
Data Processor/Dual ADDSI SRU - LVT(2)/(11)
  *   *   *
Power Supply Assembly — LVT(2)/(11)
  *   *   *
Cooling Unit LRU — LVT (2)/(11)
  *   *   *
Mounting Base LRU — LVT(2)/(11)
  *   *   *
Interconnect Cables — LVT(2)
  *   *   *
Interconnect Cables — LVT(11)
  *   *   *
MIDS-LVT(3)
  *   *   *
 
*   These amounts are included in the ViaSat Pricing Model submitted with its proposal Number 091129.A. This Pricing Model is incorporated by reference into this contract.
 
**    Includes U-TVB CTIC/DS-101 Hybrid
TABLE 2
TABLE 2
Please refer to Clause B-4

 


 

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Learning Curve Formula
  Y = A(X) b (Q) r
Learning Curve Theory
  Unit or Cumulative Average *
     
Variable   Definitions
Y
  *
A
  *
X
  *
b
  Learning Curve Slope
Q
  Delivery Order Quantity
r
  Rate Curve Slope
 
  To be completed by the contractor.
NOTE: THOUGH TABLES 1 AND 2 AND THEIR CONTENTS ARE INCORPORATED INTO THE CONTRACT WITH FULL FORCE AND EFFECT, THE DATA CONTAINED WITHIN THIS DOCUMENT ARE NOT DISCLOSED IN PUBLICLY DISTRIBUTED COPIES OF THIS CONTRACT DUE TO THE CONTRACTOR-SENSITIVE NATURE OF THE DATA. THE CONTENTS OF TABLES 1 AND 2 ARE CONSIDERED TO BE PROPRIETARY.
TABLE 3
TABLE 3
Table 3 — This table identifies the license rights that the Contractor will provide the U.S. Government in the technical data, computer software, and computer software documentation to be delivered under this contract. The following symbol (“—”) under the price column indicates that the U.S. Government is not entitled to purchase the technical data/computer software rights associated with that CDRL. A $0 (zero) indicates that the rights noted in the table associated with that CDRL will be provided to the U.S. Government at no cost. If any of the technical data or computer software listed below is updated after it has been ordered under the contract, the Contractor shall deliver the same license rights to the updated technical data or computer software as that obtained in the original technical data and software at no additional cost to the Government

 


 

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        Technical Data/    
        Computer Software    
CDRL   Description   Rights Classification   Price
A001
  Acceptance Test Procedures   Unlimited   $ 0  
A002
  Acceptance Test Procedures (LRU)(SRU)   Unlimited   $ 0  
A003
  Production Metrics   Unlimited    $ 0  
A004
  Hazardous Material Summary Report   Unlimited   $ 0  
A005
  Contractor Repair Database   Unlimited   $ 0  
A006
  Technical Data Package   *   $ *  
A007
  Regression Verification Procedure (RVP)   Unlimited   $ 0  
A008
  Regression Verification Report (RVR)   Unlimited   $ 0  
A009
  Engineering Change Proposal (ECP) Class I   Unlimited   $ 0  
A010
  Notice of Revision (NOR)   Unlimited   $ 0  
A011
  ECP Product Baseline (PBL)   Unlimited   $ 0  
A012
  ECP Class II   Unlimited   $ 0  
A013
  Request for Deviation (RFD)   Unlimited   $ 0  
A014
  Configuration Management Accounting Report (CMAR)   Unlimited   $ 0  
A015
  Configuration Data Information   Unlimited   $ 0  
A016
  Data Accession List   Unlimited   $ 0  
 
*   If the Government orders data item A006, the Government’s data and software rights in that data item will be in accordance with the DFARS data and software rights clauses in the contract unless the Government and Contractor agree on data and software rights for the Government that are greater than those obtained by the Government via those DFARS clauses.

 


 

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Section C — Descriptions and Specifications
C-1
C-1 SPECIFICATIONS/STATEMENT OF WORK
CLINs 0001 through 0010, and, if exercised, options CLINs 1001, 1002, 2001 through 2010, 3001 through 3010, 4001 through 4010, and 5001 through 5010 shall be performed in accordance with the Statement of Work (SOW) for the MIDS LVT Production (Attachment “A”).
CLINs 0011 through 0015, and, if exercised, option CLINs 2011 through 2015, 3011 through 3015, 4011 through 4015, and 5011 through 5015 shall be performed in accordance with the SOW for MIDS Engineering Services (Attachment “D”).
C-2
C-2 REQUIREMENT FOR INTERCHANGEABILITY OF PARTS (APPLICABLE TO ALL MIDS LVT LRUs AND SRUs SUPPLIED OR REPAIRED UNDER THIS CONTRACT)
1) Interchangeable LRUs and SRUs
The LRUs and SRUs required to be interchangeable under this contract are the following:
LVT (1), (4), (5), (6), (7), (8), (9), (10) LRUs are defined as the following
Receiver Transmitter
Remote Power Supply
High-Power Amplifier Group (HPAG) Interface Assembly
AC Adapter
LVT (1), (4), (5), (6), (7), (8), (9), (10) SRUs are defined as the following:
Data Processor/Avionics MUX
Tailored Processor/Ground MUX
Voice Processor
Signal Message Processor
RT Interface/Discretes
Receiver/Synthesizers
Exciter/Interference Protection Features
Power Amplifier/Antenna Interface Unit
TACAN
Internal Power Supply
Chassis/Harness/Motherboard — (LVT (1), (4), (5), (6), (7), (8), (9), (10))
LVT (2), (11) LRUs are defined as the following:
Receiver Transmitter

 


 

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Cooling Unit
Mounting Base
Power Supply Assembly
LVT (2), (11) SRUs are defined as the following:
Data Processor /Dual ADDSI
Chassis/Harness/Motherboard (LVT(2), (11) unique)
Voice Processor (LVT (11) only)
Signal Message Processor
RT Interface/Discretes
Receiver Synthesizer
Exciter/Interference Protection Features
Power Amplifier/Antenna Interface Unit
Internal Power Supply
2) Interchangeability Definition
For the purposes of this contract, two-way interchangeability is defined as the replacement of any single LRU or SRU from Vendor A’s Radio Terminal Set, into Vendors B’s Radio Terminal Set, or Vendor B’s Radio Terminal Set, into Vendors A’s Radio Terminal Set, with no degradation of Radio System, LRU or SRU performance.
3) Vendor to Vendor Interchangeability
(a) All LRUs and SRUs manufactured under Contracts N00039-10-D-0031 and N00039-10-D-0032 shall be two-way interchangeable with the LRUs and SRUs of any other awardees of MIDS production contracts under this solicitation. The offeror shall be responsible for any and all retrofit activities resulting from contractor demonstration of vendor-to-vendor interchangeability or Government verification of vendor-to-vendor interchangeability.
C-3
C-3. EXCLUSION OF MERCURY
Mercury or mercury containing compounds shall not be intentionally added or come in direct contact with hardware or supplies furnished under this contract.
C-4
C-4. CONTRACT FIELD SERVICES

 


 

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(a) CLINs 0011 through 0012, and, if exercised, CLINs 2011 through 2012, 3011 through 3012, 4011 through 4012, and 5011 through 5012: The Contractor shall provide competent technical personnel (technicians/engineers) to perform the services described in Attachment “D,” Statement of Work for MIDS Engineering Services.
(b) Technical/engineering services shall be provided at the specific locations and within the time frame designated in individual delivery/task orders.
(c) Travel under CLIN 0014, and, if exercised, CLINs 2014, 3014, 4014, and 5014, with due celerity necessary for the performance of such services, shall be included in computing the staff-days of service, provided that the Contractor shall not be paid for more than one staff-day of service for any one technician/engineer for any one calendar day. The Contractor shall be paid the prices per staff-day as set forth in the schedule for each staff-day of services rendered, which is agreed to be the service of one technician/engineer for one day of eight hours, Monday through Friday (excluding holidays).
(d) Overtime shall be paid for work performed in excess of forty (40) hours during a standard five (5) day workweek, plus all work performed on Saturdays, Sundays, and National Holidays, and those local holidays observed at the place of assignment. Overtime shall be performed only when authorized by the Procuring Contracting Officer identified in this contract.
(e) “Domestic Duty” means service(s) rendered within the continental United States, excluding Alaska and Hawaii, and services rendered on United States Navy Ships in ports within the continental United States or at sea, provided the vessel does not enter port outside the continental United States and is not continuously at sea for a period in excess of five (5) working days. “Foreign Duty” means service(s) rendered outside the continental United States, including Alaska and Hawaii, and services on United States Navy ships entering ports outside the continental United States, or duty aboard Navy ships while underway, for a continuous period in excess of five (5) days. Time chargeable under this rate aboard ship is from time of departure to time of return to a port within the continental United States. “Hazardous Duty” means any day on assignment in a combat zone specified in Executive Order 11216 dated 24 April 1969 as may be amended.
(f) Persons assigned to render services hereunder shall at all times be in the employ and under the direction and control of the Contractor and shall not be employees of the Government. Statements of work and/or description of tasks for the technical/engineering services will be provided to the Contractor by the Purchasing Contracting Officer, Administrative Contracting Officer, or from the Commanding Officer of the activity to which the technician/engineer is assigned, if the situation warrants on-site development of statements of work and/or task descriptions. Every action is to be in consonance with the terms of this contract.
(g) Technician/engineer technical qualifications necessary to provide services required hereunder shall be subject to review and approval of the Government. The technician/engineer shall be a citizen of the United States unless the written approval of the Secretary of the Navy has first been obtained. Upon written request the Contractor shall immediately reassign or recall from

 


 

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service under this contract any engineer who the Government finds unsatisfactory for reasons of security or misconduct.
(h) The Government may require less than the total amount of services set forth above be furnished. In such event or in the event that the Government does not designate times and places sufficient for the full performance of said total amount of services within the period provided therefore, those services not furnished shall be deemed to be terminated at no cost to the Government. Such termination and any appropriation adjustments occasioned thereby shall be evidenced by a written document signed by the Contracting Officer and mailed or otherwise furnished to the Contractor.
(i) Invoices submitted for these technical/engineering services shall be submitted in accordance with the requirements of Section G of this contract and shall contain the name of technician/engineer, date and place of performance, contract service authority identification, and brief description of services performed. The invoice shall be accompanied by the original certification by a responsible U.S. Government official at the activity where the services were performed. A copy of each such invoice shall be submitted to the Contracting Officer’s Representative (COR) identified in this contract.
The costs to be reimbursed shall be those costs accepted by the cognizant auditor, Defense Contract Audit Agency as chargeable in accordance with the principles for the determination of cost set forth in Subpart 31.2 of the Federal Acquisition Regulation as in effect on the date of this contract.
Invoices submitted shall be supported by a statement of cost incurred by the Contractor and claimed to be reimbursable. Such invoices and statements of cost shall be in such form and reasonable detail as the cognizant auditor, Defense Contract Audit Agency shall require. Promptly after submission of each interim invoice and statement of cost, the Government shall make provisional payment of the amount shown thereon. At any time or times prior to final payment the cognizant auditor, Defense Contract Audit Agency may make such audit of the invoices and statement of cost as it shall deem proper.
Each provisional payment shall be subject to reduction to the extent of amount included in the related invoice and statement of cost which are found not to be reimbursable under the CLINs specified in the above paragraphs of this clause and shall also be subject to reduction for overpayments or to increase for underpayment on preceding invoices. As soon as practicable after submission by the Contractor of final invoice and statement of cost, the Government shall pay any balance due under the CLINs identified in the above paragraphs in this clause. All disputes under this clause shall be decided in accordance with the provisions of the clause hereof entitled “Disputes”.
(j) The Contractor shall be reimbursed for reasonable subsistence costs incurred by the employee in accordance with FAR 31.205-46 in an amount not exceeding the amounts allowed by the Defense Travel Management Office (http://www.defensetravel.dod.mil/) per person, per day. Subsistence shall be paid on a per diem basis and only when an engineer is on assignment away from the immediate area of the plant location.

 


 

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(k) The Contractor shall be reimbursed reasonable transportation costs in accordance with FAR 31.205-46.
     (1) Domestic Travel. The Contractor agrees, in the performance of necessary domestic travel, to use the lowest cost mode commensurate with the requirements of the mission and in accordance with good traffic management principles. Airfare costs in excess of the lowest customary standard coach, tourist class, or equivalent fare are unallowable unless the justification required by FAR 31.205-46 is provided. Domestic travel includes travel between the Contractor’s plant (or physical location of employee performing travel) and U.S. Port of Entry/Port of Departure when travel to and from overseas areas is required.
     (2) Travel to, from, and between overseas areas. The Contractor agrees that, to the maximum extent practicable, transportation from a U.S. Port of Departure, between overseas areas, and to a U.S. Port of Entry, if required, will be provided by the Government either by military or commercial air, whichever is economically appropriate and meets mission requirements. When the cost of such transportation is to be paid directly by the Government to a commercial carrier, such payment will be by use of a Government Transportation Request (GTR), and will be paid from funds allocated in this contract to the Support Item. Travel authorization, theatre clearance or visit notification, and transportation normally will be obtained from the Contract Administration Office. Where Government provided transportation is not practicable, the Contractor shall be reimbursed for transportation in accordance with FAR 31.205-46. Airfare costs in excess of the lowest customary standard coach, tourist class or equivalent fare are unallowable, unless the justification required by FAR 31.205-46 is provided. Such transportation shall be on United States commercially owned aircraft to the extent that scheduling and point of origin or destination permit.
(l) Personnel subject to overseas assignment shall have a passport immediately available, together with required inoculations. Inoculation and other medical requirements for overseas travel can be obtained at Contractor’s expense, from the nearest Public Health Office.
(m) If a line item for selected replacement repair parts is set forth in the schedule, the Contractor shall furnish such selected replacement repair parts, other than repair parts carried in and readily available from the Navy supply system which will be furnished as necessary, which in its judgment are required during servicing and related equipment, to replace worn defective or malfunctioning parts. This item shall also cover minor redesign, and improvements in components of items, as approved by the COR identified in this contract.
(n) As soon as practicable after date of completion of services, the Contractor shall submit to the COR identified in this contract, an itemized priced list of selected replacement repair parts required to be furnished in the performance of the services hereunder. Prices shall be subject to agreement between the Contracting Officer and the Contractor, which agreement shall be set forth in a supplemental agreement to this contract to be executed by both parties hereto. The supplemental agreement shall also incorporate into the contract, by reference or otherwise, a list of the selected replacement parts furnished. If the parties are unable to agree as to the prices that are to be paid for any or all of such selected repair parts, such shall be deemed to be a dispute as

 


 

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to question of fact and shall be resolved in accordance with the clause of this contract entitled “Disputes”.
Separate invoices shall be submitted for selected replacement repair parts subsequent to establishment of price for the CLINs identified in the above paragraphs of this clause hereinafter provided.
(o) It is estimated that the total cost to the Government for the full performance of the Support Item (set forth in the schedule as support for the Item of technical/engineering services) including its sub-items, will not exceed the total estimated amount set forth in the schedule. The Contractor shall notify the Contracting Officer, in writing, whenever and as soon as he has reason to believe that the amounts payable and reimbursable for the full performance of the support item, together with the amounts previously paid or reimbursed, will exceed the total estimated amount therefore. This notification shall give the Contractor’s revised estimate of the total amount for the full performance of the support item and such other information as may be requested by the COR identified in this contract. The Contracting Officer may, upon receipt of such notice or whenever he considers it necessary, increase or further increase the total estimated amount for the performance of the support item. When and to the extent the estimated amount of the support item has been so increased, any amounts expended or incurred by the Contractor for performance thereof in excess of the estimated amount prior to the increase, shall be paid or reimbursed to the same extent as if expended or incurred after the increase. If amounts expended or incurred by the Contractor for performance of the support item are in excess of the estimated amount (as the same may have been increased), then, pending any increase or further increase in such estimated amount that the Contracting Officer may make, such excess amount shall be paid from the funds, if any, remaining in the contract for payment under the item of engineering services. However, the Government shall not be obligated to pay and reimburse the Contractor any amount in excess of the combined total estimated amount (as increased as above provided) for the item of engineering services and the support item. The Contractor shall not be obligated to continue performance of the item of engineering services beyond the point where the combined total funds remaining in the contract for payment under these two items equals the sum of (i) amounts payable for the engineering services rendered and (ii) amounts payable or reimbursable for support.
C-5
C-5. SECURITY REQUIREMENTS
The work to be performed under this contract as delineated in the DD Form 254, Attachment “H” involves access to and handling of classified material up to and including “SECRET”.
In addition to the requirements of the FAR 52.204-2 “Security Requirements” clause, the Contractor shall appoint a Security Officer, who shall (1) be responsible for all security aspects of the work performed under this contract, (2) assure compliance with the National Industry Security Program Operating Manual (DODINST 5220.22M), and (3) assure compliance with any written instructions from the Security Officer listed on the DD Form 254.

 


 

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C-6
C-6. DISPOSITION OF GOVERNMENT FURNISHED PROPERTY
When disposition instructions for Government Furnished Property are contained in the accountable contract or on the supporting shipping documents (DD Form 1149) the Contractor shall initiate and submit an excess inventory listing to the Procuring Contracting Officer (PCO), via the activity Property Administrator.
When disposition instructions are not stipulated in the contract or the supporting shipping document (DD Form 1149), an excess inventory listing identifying Government Furnished Property and, under cost reimbursement contracts, Contractor Acquired Property will also be submitted to the PCO, via the activity Property Administrator, at which time disposition instructions will be provided.
At the time of the Contractor’s regular annual inventory, the Contractor will provide the PCO, via the activity Property Administrator, a copy of the physical inventory listing.
C-7
C-7. WORKWEEK
(a) A portion of the effort under this contract may be performed on a Government installation. Work at any Government installation shall be performed by the contractor within the normal workweek of that installation unless differing hours are specified on the individual task orders. Following is a list of holidays observed by the Government:
     
Name of Holiday   Time of Observance
New Year’s Day
  1 January
Martin Luther King Jr. Day
  Third Monday in January
President’s Day
  Third Monday in February
Memorial Day
  Last Monday in May
Independence Day
  4 July
Labor Day
  First Monday in September
Columbus Day
  Second Monday in October
Veteran’s Day
  11 November
Thanksgiving Day
  Fourth Thursday in November
Christmas Day
  25 December
(b) If any of the above holidays occur on a Saturday or a Sunday, then such holiday shall be observed by the Contractor in accordance with the practice as observed by the assigned Government employees at the using activity.
(c) If the Contractor is prevented from performance as the result of an Executive Order or an administrative leave determination applying to the using activity, such time may be charged to

 


 

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the contract as direct cost provided such charges are consistent with the Contractor’s accounting practices.
(d) This contract does not allow for payment of overtime during the normal workweek for employees who are not exempted from the Fair Labor Standards Act unless expressly authorized by the Ordering Officer. Under Federal regulations the payment of overtime is required only when an employee works more than 40 hours in a normal week period.
C-8
C-8 NOTICE TO CONTRACTOR OF CERTAIN DRUG DETECTION PROCEDURES
(a) Pursuant to Navy policy applicable to both Government and contractor personnel, measures will be taken to prevent the introduction and utilization of illegal drugs and related paraphernalia into Government Work areas.
(b) In furtherance of the Navy’s drug control program, unannounced periodic inspections of the following nature may be conducted by installation security authorities:
     (1) Routine inspection of contractor occupied work spaces.
     (2) Random inspections of vehicles on entry or exit, with drug detection dog teams as available, to eliminate them as a safe haven for storage of or trafficking in illegal drugs.
     (3) Random inspections of personnel possessions on entry or exit from the installation.
(c) When there is probable cause to believe that a contractor employee on board a naval installation has been engaged in use, possession or trafficking of drugs, the installation authorities may detain said employee until the employee can be removed from the installation, or can be released to the local authorities having jurisdiction.
(d) Trafficking in illegal drug and drug paraphernalia by contract employees while on a military vessel/installation may lead to possible withdrawal or downgrading of security clearance, and/or referral for prosecution by appropriate law enforcement authorities.
(e) The contractor is responsible for the conduct of employees performing work under this contract and is, therefore, responsible to assure that employees are notified of these provisions prior to assignment.
(f) The removal of contractor personnel from a Government vessel or installation as a result of the drug offenses shall not be cause for excusable delay, nor shall such action be deemed a basis for an equitable adjustment to price, delivery or other provisions of this contract.
C-9
C-9 LIABILITY INSURANCE—FIXED PRICE CONTRACTS (APPLICABLE TO FIXED PRICE CLINs)

 


 

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(a) The following types of insurance are required in accordance with the FAR 52.228-5 “Insurance—Work on a Government Installation” clause and shall be maintained in the minimum amounts shown:
     (1) Workers’ compensation and employers’ liability: minimum of $100,000
     (2) Comprehensive general liability: $500,000 per occurrence
     
(3) Automobile liability:
  $200,000 per person
 
  $500,000 per occurrence
 
  $20,000 per occurrence for property damage
(b) Upon notification of contract award, the contractor shall furnish to the Contracting Officer, as required by paragraph (b) of the FAR 52.228-5 “Insurance—Work on a Government Installation” clause, a certificate or written statement of insurance prior to commencement of work under this contract. The written statement of insurance must contain the following information: policy number, policyholder, carrier, amount of coverage, dates of effectiveness (i.e., performance period), and contract number. The contract number shall be cited on the certificate of insurance.
C-10
C-10. LIABILITY INSURANCE—COST TYPE CONTRACTS (APPLICABLE TO ALL COST TYPE CLINS)
(a) The following types of insurance are required in accordance with the FAR 52.228-7 “Insurance—Liability to Third Persons” clause and shall be maintained in the minimum amounts shown:
     (1) Workers’ compensation and employers’ liability: minimum of $100,000
     (2) Comprehensive general liability: $500,000 per occurrence
     
(3) Automobile liability:
  $200,000 per person
 
  $500,000 per occurrence
 
  $20,000 per occurrence for property damage
(b) When requested by the contracting officer, the contractor shall furnish to the Contracting Officer a certificate or written statement of insurance. The written statement of insurance must contain the following information: policy number, policyholder, carrier, amount of coverage, dates of effectiveness (i.e., performance period), and contract number. The contract number shall be cited on the certificate of insurance.
C-11
C-11. EXEMPTION FROM ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY REQUIREMENTS

 


 

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(a) The Government has determined that the following exemption(s) to the Electronic and Information Technology (EIT) Accessibility Standards (36 C.F.R. § 1194) are applicable to this procurement:
     X        The EIT to be provided under this contract has been designated as a National Security System.
 
              The EIT acquired by the contractor is incidental to this contract.
 
              The EIT to be provided under this contract would require a fundamental alteration in the nature of the product or its components in order to comply with the EIT Accessibility Standards.
 
              The EIT to be provided under this contract will be located in spaces frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment.
 
              Compliance with the EIT Accessibility Standards would impose an undue burden on the agency.
 
              The EIT to be provided under this contract is purchased in accordance with FAR Subpart 13.2 prior to January 1, 2003.
(b) Notwithstanding that an exemption exists, the Contractor may furnish supplies or services provided under this contract that comply with the EIT Accessibility Standards (36 C.F.R. § 1194).

 


 

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Section D — Packaging and Marking
D-1
D-1. HAZARDOUS MATERIAL SAFETY DATA SHEETS
(a) The Contractor shall submit one copy of the Material Safety Data Sheets (MSDS) required by FAR clause 52.223-3 incorporated herein to the addresses shown below:
     
NAVY &
  Commanding Officer
MARINE CORPS:
  Navy and Marine Corps Public Health Center
 
  Attn: IH/HMIRS
 
  620 John Paul Jones Cir., Suite 100
 
  Portsmouth, VA 23708-2103
 
  Telephone: (757) 953-0746/0741; DSN: 377-0746 / 0471
 
  FAX: (757) 953-0685
 
   
AIR FORCE:
  USASSAM
 
  Attn: HMIRS
 
  2513 Kennedy Cir.
 
  Brooks AFB, TX 78235-5116
 
  Telephone: (210) 536-5447; DSN: 240-5447
 
  FAX: (210) 536-2315
 
   
ARMY:
  Chief
 
  USAMC LOGSA Packaging, Storage, Containerization Center
 
  ATTN: AMXLS-AT-P
 
  11 Hap Arnold Blvd.
 
  Tobyhanna, PA 18466-5097
 
  Telephone: (570) 615-7685; DSN: 795-7685
 
  FAX: (570) 895-7175
(b) The Contractor also shall send one copy of the MSDS to the “ship to” addressee(s) designated in this contract/order.
D-2
D-2. HAZARDOUS MATERIALS
(a) Packaging, Packing, Marking and Labeling Hazardous materials to be shipped by any mode or combination of transportation modes 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.
(b) In the event of a conflict between specific requirements in the contract or order and existing applicable regulations, the regulations take precedence. Under no circumstances shall the

 


 

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contractor knowingly use materials, markings or procedures that are not in accordance with laws and regulations applicable to the mode of transportation employed.
     
TYPE OF SHIPMENT   APPLICABLE REGULATIONS
 
   
1. Domestic
  A
2. Domestic Air Commercial
  A, B, C
3. Domestic Air Military
  A, F
4. Export Surface
  A, E, G
5. Export Air Commercial
  A, D, G
6. Export Air Military
  F, G
LIST OF REGULATIONS
A. Code of Federal Regulations Title: 49 Transportation Parts 100-185
B. Official Air Transport Restricted Articles Tariff No. 6-D C.A.B.82
C. Official Air Transport Restricted Articles Circular No. 6-D
D. International Air Transport Association (IATA) Restricted Articles and Dangerous Goods Regulations (DGR)
E. International Maritime Dangerous Goods Code
F. Air Force Regulation 71-4 Preparation of Hazardous Materials for Military Shipment
G. Export shipments are also subject to the domestic regulations indicated to the port of embarkation.
D-3
D-3. PREPARATION FOR DELIVERY
Supplies shall be prepared for delivery in accordance with ASTM-D-3951-98(2004), “Standard Practice for Commercial Packaging”.
All material to be delivered shall be afforded the degree of packaging (preservation and packing) required to prevent deterioration and damages due to the hazards of shipment, handling and storage.
The contractor shall ensure packaging is appropriate for forces afloat and other DOD activities. The contractor shall use MIL-STD-2073-1D and MIL-E-17555H as guidance.
Hazardous materials shall be packaged in accordance with Title 49 (Parts 100 to 185) of the Code of Federal Regulations, U.S. Hazardous Materials Regulation (HMR) and International Air Transport Association (IATA) Restricted Articles and Dangerous Goods Regulations (DGR).
Marking shall be in accordance with MIL-STD-129, Standard Practice for Military Marking, to identify military equipment. Military equipment shall be identified in terms of Line Replaceable Unit(s) (LRU) and Shop Replaceable Unit (SRU). The contractor shall include the software/firmware version identification on the item. The contractor shall also include a

 


 

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statement confirming each delivered item has successfully passed acceptance test procedures. The contractor shall also include a listing of the “as built” configuration for each delivered MIDS-LVT system, LRU or SRU.
The commercial practices used to mark military equipment shall include marking LRUs, SRUs and shipping containers to identify Controlled Cryptographic Items (CCI). The contractor shall mark CCI in accordance with Communication Security (COMSEC) Material System, Policy and Procedures for Navy Electronic Key Management System Tiers 2 and 3 (EKMS-1) Article 525, unless otherwise directed by the Government. This shall include anti-tamper indicators or labels.
D-4
D-4. PROHIBITED PACKING MATERIALS
The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene and plastic as packing materials are prohibited for items destined for afloat units.
D-5
D-5. MARKING OF SHIPMENT
Each shipment of material and/or data shall be clearly marked to show the following information:
     
SHIP TO:
  MARK FOR:
RECEIVING OFFICER
  Contract #: N00039-10-D-0032
 
  Delivery Order #:                      *                     
 
  Item #:                                           *                                          
 
  Receiving Officer Code:       *      
 
*   Shipping instructions will be provided in each individual delivery order or by separate correspondence near the time of delivery.
D-6
D-6. UNPACKING INSTRUCTIONS: COMPLEX OR DELICATE EQUIPMENT
(a) Location on Container
When practical, one set of the unpacking instructions will be placed in a heavy water-proof envelope prominently marked “UNPACKING INFORMATION” and firmly affixed to the outside of the shipping container in a protected location, preferably between the cleats on the end of the container adjacent to the identification marking. If the instructions cover a set of equipment packed in multiple containers, the instructions will be affixed to the number one container of the set. When the unpacking instructions are too voluminous to be affixed to the

 


 

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exterior of the container, they will be placed inside and directions for locating them will be provided in the envelope marked “UNPACKING INFORMATION.”
(b) Marking Containers
When unpacking instructions are provided shipping containers will be stenciled “CAUTION—THIS EQUIPMENT MAY BE SERIOUSLY DAMAGED UNLESS UNPACKING INSTRUCTIONS ARE CAREFULLY FOLLOWED. UNPACKING INSTRUCTIONS ARE LOCATED ( contractor shall state where instructions are located ).” When practical, this marking will be applied adjacent to the identification marking on the side of the container.
(c) Marking
All shipping containers will be marked in accordance with MIL-STD-129 “Military Standard Marking for Shipment and Storage.”
D-7
D-7. LRU AND SRU LABELING (APPLICABLE TO CLINS 0001 — 0009, 2001-2009, 3001-3009, 4001-4009, and 5001-5009)
(a)   The Contractor shall provide a durable, readable, and indelible identification label or plate that is securely applied, fastened, or attached to each LRU and SRU in a conspicuous location. The label text font size shall be no smaller than 8pt.
 
(b)   The LRU label or plate shall identify the following (accepted abbreviations are noted):
Nomen:                                           (The Nomenclature of the individual item.)
P/N:                      (The Part Number of the individual item.)
S/N:                      (The Serial Number of the individual item.)
CAGE:                      (The Commercial and Government Entity Code of the manufacturer.)
C/N:                                           (The Contract Number of the manufacturer.)
(c)   The SRU label or plate shall be affixed to the visible edge when the card cage cover is removed and shall identify the following (accepted abbreviations are noted):
P/N:                      (The Part Number of the individual item.)
S/N:                      (The Serial Number of the individual item.)
CAGE:                      (The Commercial and Government Entity Code of the manufacturer.)
R/D:                      (The Reference Designator of the individual item, e.g., A1, A2, etc.)
(d)   An additional SRU label or plate shall be affixed to other “free space” on the SRU and shall identify the following (accepted abbreviations are noted):

 


 

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Nomen:                                           (The Nomenclature of the individual item.)
C/N:                                           (The Contract Number of the manufacturer.)
(e)   If a warranty applies, the contractor shall additionally affix a Warranty Label to the individual LRU/SRU that:
(i) identifies the LRU/SRU as a “Warranted Item”;
(ii)identifies the date the warranty expires (if applicable);
(iii) remains in place until the warranty expires;
(iv) is removed when the warranty expires; and, uses a text font size of 16pt.
D-8
D-8. RESERVED
D-9
D-9 252.211-7003 ITEM IDENTIFICATION AND VALUATION (AUG 2008) (APPLICABLE TO MIDS-LVTs ORDERED UNDER CLINS 0001-0008, 2001-2008, 3001-3008, 4001-4008, 5001-5008)
(a) Definitions. As used in this clause-
“Automatic identification device” means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.
“Concatenated unique item identifier” means-
(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or
(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.
“Data qualifier” means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.
“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html .

 


 

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“DoD unique item identification” means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.
“Enterprise” means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.
“Enterprise identifier” means a code that is uniquely assigned to an enterprise by an issuing agency.
“Government’s unit acquisition cost” means-
(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;
(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery; and
(3) For items produced under a time-and-materials contract, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery.
“Issuing agency” means an organization responsible for assigning a non-repeatable identifier to an enterprise (i.e., Dun & Bradstreet’s Data Universal Numbering System (DUNS) Number, GS1 Company Prefix, or Defense Logistics Information System (DLIS) Commercial and Government Entity (CAGE) Code).
“Issuing agency code” means a code that designates the registration (or controlling) authority for the enterprise identifier.
“Item” means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.
“Lot or batch number” means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.
“Machine-readable” means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.
“Original part number” means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

 


 

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“Parent item” means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.
“Serial number within the enterprise identifier” means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.
“Serial number within the part, lot, or batch number” means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.
“Serialization within the enterprise identifier” means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.
“Serialization within the part, lot, or batch number” means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.
“Unique item identifier” means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.
“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html .
(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.
(c) Unique item identifier.
(1) The Contractor shall provide a unique item identifier for the following:
All delivered items included in subsection (iii) below.
(ii) The following items for which the Government’s unit acquisition cost is less than $5,000:
All delivered items included in subsection (iii) below.
(iii) Subassemblies, components, and parts embedded within delivered items as specified below.
The below components shall be individually serialized :
MIDS-LVT Line Replaceable Units (LRUs) :

 


 

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Receiver Transmitter (RT) — RT-1840(C)/U
Receiver Transmitter (RT) — RT-1841(C)/U
Receiver Transmitter (RT) — RT-1842(C)/U
Receiver Transmitter (RT) — RT-1843(C)/U
Receiver Transmitter (RT) — RT-1868(C)/U
Receiver Transmitter (RT) — RT-1785(C)/U
Remote Power Supply (RPS) — PP-8476/U
Power Supply Assembly (PSA) — PP-8453/U
Cooling Unit — HD-1213/U
High Power Amplifier Group Interface Assembly (HIA) — J-6500/U
Alternating Current Converter (ACA) — CV-4344/U
MIDS-LVT Shop Replaceable Units (SRUs) :
Chassis/Harness
Internal Power Supply (IPS)
Power Amplifier Antenna Interface Unit (PAI)
Voice
Tailored Processor/Ground Mux (TP/GMux)
Data Processor/Airborne Mux (DP/AMux)
Signal Message Processor (SMP)
Receiver Transmitter Interface (RTI)/Discretes
Receiver Synthesizer (R/S)
TACAN
Exciter/Interference Protection Feature (IPF)
Data Processor (DP)/Dual ADDSI
(2) The unique item identifier and the component data elements of the DoD unique item identification shall not change over the life of the item.
(3) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that-
(i) The encoded data elements (except issuing agency code) of the unique item identifier are marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:
(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology — EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.
(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology — EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

 


 

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(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and
(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology — Transfer Syntax for High Capacity Automatic Data Capture Media.
(4) Unique item identifier.
(i) The Contractor shall-
(A) Determine whether to-
(1) Serialize within the enterprise identifier;
(2) Serialize within the part, lot, or batch number; or
(3) Use a DoD recognized unique identification equivalent; and
(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in the version of MIL-STD-130, Identification Marking of U.S. Military Property, cited in the contract Schedule.
(ii) The issuing agency code-
(A) Shall not be placed on the item; and
(B) Shall be derived from the data qualifier for the enterprise identifier.
(d) For each item that requires unique item identification under paragraph (c)(1)(i) or (ii) of this clause, in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, either as part of, or associated with, the Material Inspection and Receiving Report, the following information:
(1) Unique item identifier.
(2) Unique item identifier type.
(3) Issuing agency code (if concatenated unique item identifier is used).
(4) Enterprise identifier (if concatenated unique item identifier is used).

 


 

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(5) Original part number (if there is serialization within the original part number).
(6) Lot or batch number (if there is serialization within the lot or batch number).
(7) Current part number (optional and only if not the same as the original part number).
(8) Current part number effective date (optional and only if current part number is used).
(9) Serial number (if concatenated unique item identifier is used).
(10) Government’s unit acquisition cost.
(11) Unit of measure.
(e) For embedded subassemblies, components, and parts that require DoD unique item identification under paragraph (c)(1)(iii) of this clause, the Contractor shall report as part of, or associated with, the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:
(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.
(2) Unique item identifier of the embedded subassembly, component, or part.
(3) Unique item identifier type.**
(4) Issuing agency code (if concatenated unique item identifier is used).**
(5) Enterprise identifier (if concatenated unique item identifier is used).**
(6) Original part number (if there is serialization within the original part number).**
(7) Lot or batch number (if there is serialization within the lot or batch number).**
(8) Current part number (optional and only if not the same as the original part number).**
(9) Current part number effective date (optional and only if current part number is used).**
(10) Serial number (if concatenated unique item identifier is used).**
(11) Description.
 
**   Once per item.

 


 

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(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause in accordance with the data submission procedures at
http://www.acq.osd.mil/dpap/pdi/uid/data_submission_information.html .
(g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which unique item identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s).

 


 

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Section E — Inspection and Acceptance
CLAUSES INCORPORATED BY REFERENCE
         
52.246-2
  Inspection Of Supplies—Fixed Price   AUG 1996
52.246-3
  Inspection Of Supplies Cost-Reimbursement   MAY 2001
52.246-4
  Inspection Of Services—Fixed Price   AUG 1996
52.246-5
  Inspection Of Services Cost-Reimbursement   APR 1984
52.246-7
  Inspection Of Research And Development Fixed Price   AUG 1996
52.246-8
  Inspection Of Research And Development Cost Reimbursement   MAY 2001
52.246-16
  Responsibility For Supplies   APR 1984
252.246-7000
  Material Inspection And Receiving Report   MAR 2008
E-1
E-1 HIGHER LEVEL CONTRACT QUALITY REQUIREMENTS (FEB 99) (FAR 52.246-11)
The Contractor shall comply with the higher level quality standards listed below:
ISO 9001 and ISO 90003
E-2
E-2 INSPECTION AND ACCEPTANCE — ORIGIN
(a) Inspection and acceptance of the supplies or services to be furnished hereunder shall be made by representatives of the Government (normally the Defense Contract Management Area Operations (DCMAO)) at the contractor’s or subcontractor’s plant. The cognizant inspector shall be notified when material is ready for inspection. When the contract provides for Government procurement quality assurance actions at source, the place or places designated for such actions may not be changed without authorization of the Contracting Officer.
(b) When off-the-shelf items (items already produced) are presented by the contractor, the Government inspector is authorized to limit inspection to those procurement quality assurance (PQA) actions which can be performed.
(c) GOVERNMENT REPRESENTATIVE:
DCMA San Diego Administrative Contracting Officer
7675 Daggett Street, Suite 200
San Diego, CA 92111-2241
POC: Ma’at Little (858) 495-7473

 


 

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(d) PLACE OF INSPECTION/ACCEPTANCE:
ViaSat Incorporated
6155 El Camino Real
Carlsbad, CA 92009
E-3
E-3 INSPECTION AND ACCEPTANCE OF CONTRACT DATA REQUIREMENTS (JAN 89) (SPAWAR 5252.246-9203) (APPLICABLE TO CLINS 0010, 0015, 1001, 1010, 1015, 2010, 2015, 3010, 3015, 4010, 4015, 5010, and 5015)
Data items submitted shall be the responsibility of the initial addressee under Block 14 of DD-1423 as to review for adequacy and contract compliance. Where deficiencies or inadequacies are noted, the initial addressee should so advise the contractor by letter within a reasonable period of time with copies to the ACO and the cognizant Technical Office indicated in Block 6 of DD-1423.
The initial addressee shall advise the contractor with copy to ACO and the cognizant technical code in Block 6 of DD-1423 at such time as each approvable data item submitted has been satisfactorily accomplished.
Inspection and acceptance of Data Items requiring shipment under DD Form 250 shall be made in accordance with Block 7 of DD-1423. Data Items requiring shipment under Letter Transmittal (LT), in accordance with Block 7 of the DD-1423, shall be inspected and accepted at destination. Where acceptance is at destination and more than one addressee is shown in Block 14 of DD-1423, acceptance shall be the responsibility of the initial addressee.
Addressees other than the initial addressee, shall be considered informational.

 


 

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Section F — Deliveries or Performance
CLAUSES INCORPORATED BY REFERENCE
         
52.242-15
  Stop-Work Order   AUG 1989
52.242-15 Alt I
  Stop-Work Order (Aug 1989) — Alternate I   APR 1984
52.242-17
  Government Delay Of Work   APR 1984
52.247-30
  F.O.B. Origin, Contractor’s Facility   FEB 2006
52.247-34
  F.O.B. Destination   NOV 1991
52.247-48
  F.O.B. Destination—Evidence Of Shipment   FEB 1999
52.247-55
  F.O.B. Point For Delivery Of Government-Furnished Property   JUN 2003
F-1
F-1 PERIODS OF PERFORMANCE FOR ORDERING, ORDERS, AND OPTIONS TO EXTEND THE CONTRACT
(a) The period of performance of the contract, for the purpose of issuing delivery or task orders is as follows:
     
CLIN(S)   PERIOD(S) OF PERFORMANCE FOR ISSUING ORDERS
0001 - 0015
  FROM DATE OF CONTRACT AWARD THROUGH ONE (1) YEAR THEREAFTER
The period of performance for each order shall be stated within such order. Additional time of not more than 1 year beyond the ordering period may be allowed for completion of outstanding orders.
(b) The period of performance for option CLIN(S) for the purpose of issuing delivery or task orders is as follows:
     
CLIN(S)   PERIOD(S) OF PERFORMANCE FOR ISSUING ORDERS
1001 - 1002
  FROM DATE OF CONTRACT AWARD THROUGH FIVE YEARS THEREAFTER
2001 - 2015
  FROM DATE OF OPTION EXERCISE THROUGH ONE YEAR THEREAFTER
3001 - 3015
  FROM DATE OF OPTION EXERCISE THROUGH ONE YEAR THEREAFTER
4001 - 4015
  FROM DATE OF OPTION EXERCISE THROUGH ONE YEAR THEREAFTER
5001 - 5015
  FROM DATE OF OPTION EXERCISE THROUGH ONE YEAR THEREAFTER

 


 

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(c) The above period(s) of performance for the option(s) to extend the term of the contract shall apply only if the Government exercises the option(s) as stated in Section B in accordance with the clauses at FAR 52.217-7 and FAR 52.217-9 (see Clauses B-6 and B-7 of this contract).
(d) The delivery rate capacity for MIDS LVT systems provided under CLINs 0001-0010 and Option CLINs 2001 - 2010, 3001 - 3010, 4001 - 4010, and 5001 - 5010 shall be a minimum of thirty-six (36) terminals per month. The actual delivery rate under a delivery order may exceed this rate provided that the contractor and the Government sign a bilateral modification to the basic delivery order contract to increase the rate for the contract or a bilateral delivery order to increase the rate for that particular delivery order.
(e) For CLINs 0001-0010 and Option CLINs 2001 - 2010, 3001-3010, 4001 - 4010, and 5001 - 5010, the Contractor shall commence delivery of terminals and related spares ordered no later than 12 months after the issuance of delivery order and shall complete delivery of terminals and related spares ordered no later than 24 months after issuance of delivery order in accordance with the delivery schedule established in the order. The specific periods of performance for these CLINs under each order shall be stated within such order but shall not extend beyond the delivery requirement dates stated above.
(f) The contractor shall make any deliveries of Option CLIN 1001, if exercised, in accordance with the CDRL, DD Form 1423, data item A006.
(g) The contractor shall make deliveries under all other CLINs in accordance with individual delivery orders issued under this contract.
F-2
F-2 TIME AND PLACE OF DELIVERY—F.O.B. ORIGIN
All supplies to be furnished hereunder shall be delivered free of expense to the Government in accordance with instructions specified in the clause hereof entitled “F.O.B. Origin, Contractor’s Facility” FAR 52.247-30, at the Contractor’s plant.
         
ITEM(S)   QTY/UNIT   DELIVERY SCHEDULE/PERIOD OF PERFORMANCE
0001-0008, 2001-2008,
3001-3008,
4001-4008
5001-5008
  In accordance with (IAW) each Delivery Order   IAW each delivery order issued under the contract and within the requirements stated in clause F-2.

 


 

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ITEM(S)   QTY/UNIT   DELIVERY SCHEDULE/PERIOD OF PERFORMANCE
1002*
  1 LOT   Upon issuance of a delivery order for this CLIN
 
*   The Government may order Data Rights under CLIN 1002 on an individual CDRL basis in accordance with Clause F-2, Period of Performance for Ordering, Orders, and Options to Extend the Contract. For those CDRLs identified in Section B, Table 3, with a price of $0, the Government immediately obtains the rights in those CDRLs identified in the schedule, at no cost, when those CDRLs are delivered to the Government under individual delivery order(s)
F-3
F-3 TIME AND PLACE OF DELIVERY—F.O.B. DESTINATION
Destination and delivery schedule are set forth below:
             
ITEM(S)   DESTINATION   QUANTITY   DELIVERY SCHEDULE/PERIOD OF PERFORMANCE
0011-0014
  IAW each delivery order   IAW each delivery
or task order
  IAW each delivery or task order
 
           
0010, 0015, 1001,
2010, 2015, 3010,
3015, 4010, 4015,
5010, 5015
  IAW CDRL, Exhibit A   1 LOT   IAW CDRL, Exhibit A
 
           
0009, 2009, 3009,
4009, 5009
  IAW each delivery order   IAW each delivery
order
  IAW Clause H-39 (Warranty
Clause)
F-4
F-4 5252.247-9201 MILSTAMP INFORMATION (SEP 1989) (APPLICABLE TO ALL F.O.B. ORIGIN CLINS)
When shipping material or arranging for the acquisition and shipment of supplies by the Contractor through the use of military controlled transport, or through military transshipment facilities, Military Standard Transportation and Movement Procedures (MILSTAMP) are

 


 

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required under this contract. The cognizant contract administration office is the point of contact to which the Contractor shall provide necessary information to effect MILSTAMP documentation and movement control including air or water terminal shipment clearances and to obtain data necessary for shipment marking and freight routing. The contractor shall not ship directly to a military air or water port terminal without authorization by the cognizant contract administration office.

 


 

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Section G — Contract Administration Data
G-1
G-1 252.204-7006 BILLING INSTRUCTIONS (OCT 2005)
When submitting a request for payment, the Contractor shall—
(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and
(b) Separately identify a payment amount for each contract line item included in the payment request.
G-2
G-2 INVOICING INSTRUCTIONS FOR SERVICES USING WIDE AREA WORK FLOW (WAWF) (APR 2009) (APPLICABLE TO CLINS 0011-0014, 2011-2014, 2011-3014, 4011-4014, and 5011-5014)
(a) Invoices for services rendered under the task orders issued under this contract shall be submitted electronically through the Wide Area Work Flow-Receipt and Acceptance (WAWF). The contractor shall submit invoices for payment per contract terms. The Government shall process invoices for payment per contract terms.
(b) The vendor shall have their Cage Code activated by calling 1-866-618-5988 and selecting option 2. Once activated, the vendor shall self-register at the WAWF website at https://wawf.eb.mil . Vendor training is available on the internet at https://wawftraining.eb.mil . WAWF Vendor “Quick Reference” Guides are located at the following web site: http://acquisition.navy.mil/rda/home/acquisition_one_source/ebusiness/don_ebusiness_solutions/wawf_overview/vendor_information
(c) Cost back-up documentation (such as delivery receipts, labor hours & material/travel costs etc.) shall be included and attached to the invoice in WAWF. Attachments created with any Microsoft Office product or Adobe (.pdf files) are attachable to the invoice in WAWF. The total size limit for files per invoice is 5 megabytes. A separate copy shall be sent to the COR/TOM.
(d) Contractors approved by DCAA for direct billing will not process vouchers through DCAA, but may submit directly to DFAS. Vendors MUST still provide a copy of the invoice and any applicable cost back-up documentation supporting payment to the Acceptor/Contracting Officer’s Representative (COR) if applicable. Additionally, a copy of the invoice(s) and attachment(s) at time of submission in WAWF shall also be provided to each point of contact identified in section (g) of this clause by email. If the invoice and/or receiving report are delivered in the email as an attachment it must be provided as a .PDF, Microsoft Office product or other mutually agreed upon form between the Contracting Officer and vendor.

 


 

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(e) A separate invoice will be prepared no more frequently than for every two weeks. Do not combine the payment claims for services provided under this contract.
(f) The following information is provided for completion and routing of the invoice in WAWF:
     
WAWF Invoice Type *
  Insert Contract Invoice Type
 
   
Issuing Office DODAAC
  Insert the UIC of the issuing contract office
 
   
Admin DODAAC
  Insert the UIC of the contract administering office [SF26=Block 6; DD1155=Block 7 (Block 6 if SeaPort order); SF1449=Block 16]
 
   
Inspector DODAAC (if applicable)
  Insert the UIC of the inspecting activity
 
   
Inspector Contact Information
  Insert Inspector name, phone number, and email address
 
   
Service Acceptor DODAAC or Service Approver DODAAC (Cost Voucher).
  Insert Acceptor name, phone number, and email address
 
   
Acceptor Contact Information
  Insert Acceptor name, phone number, and email address
 
   
COR Contact Information
  If other than above, Insert the COR name, email address and phone number.
 
   
LPO Contact Information
  Insert Local Processing Official name, phone number, and email address
 
   
DCAA Auditor DoDAAC **:
  Insert the UIC of the DCAA Auditor
 
   
Service Approver DoDAAC **:
  Insert the UIC of the on-site Approver who signs off on the final cost voucher
 
   
PAY DODAAC
  Insert the UIC of the paying DFAS activity [SF26=Block 12 (labeled “Code”); DD1155=Block 15 (Block 12 if SeaPort order); SF1449=Block 18a]
 
*   Select “Cost Voucher” for all cost-type, T&M, or Labor Hour; or “2-n-1 (Services Only)” for fixed price services where inspection of services can be performed and documented.
 
**   Only applies to cost vouchers.
 
(g)   After submitting the document(s) to WAWF, click on “Send More Email Notifications” and add the acceptor/receiver email addresses noted below in the email address blocks. This additional notification to the government is necessary to ensure that the acceptor/receiver is aware that the invoice documents have been submitted into WAWF:

 


 

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Send Additional Email Notification(s) to:
Name   Email   Phone   Role
Dave Felker
  David.Felker@navy.mil   (619) 524-1493   COR
Ma’at Little
  Maat.Little@dcma.mil   (858) 495-7473   Receiver
Same as Receiver
  Same as Receiver   Same as Receiver   Acceptor
G-3
G-3 INVOICING INSTRUCTIONS FOR SUPPLIES, OR SUPPLIES WITH SERVICES INCIDENTAL, USING WIDE AREA WORK FLOW (WAWF) (APR 2009) (APPLICABLE TO CLINS 0001-0008, 1001, 2001-2008, 3001-3008, 4001-4008, and 5001-5008)
(a) Invoices for supplies delivered under the delivery orders issued under this contract shall be submitted electronically through the Wide Area Work Flow-Receipt and Acceptance (WAWF). The contractor shall submit invoices for payment per contract terms. The Government shall process invoices for payment per contract terms.
(b) The vendor shall have their Cage Code activated by calling 1-866-618-5988 and selecting option 2. Once activated, the vendor shall self-register at the WAWF website at https://wawf.eb.mil . Vendor training is available on the internet at https://wawftraining.eb.mil . WAWF Vendor “Quick Reference” Guides are located at the following web site: http://acquisition.navy.mil/rda/home/acquisition_one_source/ebusiness/don_ebusiness_solutions/wawf_overview/vendor_information
(c) Cost back-up documentation (such as delivery receipts, labor hours & material/travel costs etc.) shall be included and attached to the invoice in WAWF. Attachments created with any Microsoft Office product or Adobe (.pdf files) are attachable to the invoice in WAWF. The total size limit for files per invoice is 5 megabytes. A separate copy shall be sent to the COR/TOM.
(d) Contractors approved by DCAA for direct billing will not process vouchers through DCAA, but may submit directly to DFAS. Vendors MUST still provide a copy of the invoice and any applicable cost back-up documentation supporting payment to the Acceptor/Contracting Officer’s Representative (COR) if applicable. Additionally, a copy of the invoice(s) and attachment(s) at time of submission in WAWF shall also be provided to each point of contact identified in section (g) of this clause by email. If the invoice and/or receiving report are delivered in the email as an attachment it must be provided as a .PDF, Microsoft Office product or other mutually agreed upon form between the Contracting Officer and vendor.
(e)   A separate invoice will be prepared for each delivery order or purchase order. Do not combine the payment claims for supplies provided under this contract ordered through multiple delivery orders within one invoice.

 


 

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(f) The following information is provided for completion and routing of the invoice in WAWF:
     
WAWF Invoice Type *
  Insert Contract Invoice Type
 
   
Issuing Office DODAAC
  Insert the UIC of the issuing contract office
 
   
Admin DODAAC
  Insert the UIC of the contract administering office [SF26=Block 6; DD1155=Block 7 (Block 6 if SeaPort order); SF1449=Block 16]
 
   
Inspector DODAAC (if
applicable)
  Insert the UIC of the inspecting activity
 
   
Inspector Contact Information
  Insert Inspector name, phone number, and email address
 
   
Acceptor, Ship To DODAAC
(for Combo) or,
Service Approver DODAAC
(Cost Voucher)
  Insert the UIC of the accepting activity
 
   
Acceptor Contact Information
  Insert Acceptor name, phone number, and email address
 
   
COR Contact Information
  If other than above, Insert the COR name, email address and phone number.
 
   
LPO Contact Information
  Insert Local Processing Official name, phone number, and email address
 
   
DCAA Auditor DoDAAC **
  Insert the UIC of the DCAA Auditor
 
   
Service Approver DoDAAC **
  Insert the UIC of the on-site Approver who signs off on the final cost voucher
 
   
PAY DODAAC
  Insert the UIC of the paying DFAS activity [SF26=Block 12 (labeled “Code”); DD1155=Block 15 (Block 12 if SeaPort order); SF1449=Block 18a]
 
*   Select “Invoice and Receiving Report (Combo)” if billing for goods, or goods and incidental services together; or “Cost Voucher” for all cost-type, T&M, or Labor Hour
 
**   Only applies to cost vouchers.
(g) After submitting the document(s) to WAWF, click on “Send More Email Notifications” and add the acceptor/receiver email addresses noted below. This additional notification to the government is necessary to ensure that the acceptor/receiver is aware that the invoice documents have been submitted into WAWF:

 


 

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Send Additional Email Notification(s) to:
Name   Email   Phone   Role
David Felker
  David.Felker   (619) 524-1493   COR
Ma’at Little
  Maat.Little@dcma.mil   (858) 495-7473   Receiver
Same as Receiver
  Same as Receiver   Same as Receiver   Acceptor
 
*   Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
G-4
G-4 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE
(a) The Contracting Officer herby appoints the following individual as Contracting Officer’s Representative(s) (COR) for this contract/order:
CONTRACTING OFFICER REPRESENTATIVE
Name: David Felker
Code: JTRS10
Address: 33050 Nixie Way, Bldg 17A, Suite 416, San Diego, CA 92147-5416
Phone Number: (619) 524-1493
E-mail: David.Felker@navy.mil
(b) It is emphasized that only the Contracting Officer has the authority to modify the terms of the contract, therefore, in no event will any understanding agreement, modification, change order, or other matter deviating from the terms of the basic contract between the Contractor and any other person be effective or binding on the Government. When/If, in the opinion of the Contractor, an effort outside the existing scope of the contract is requested, the Contractor shall promptly notify the PCO in writing. No action shall be taken by the Contractor unless the Procuring Contracting Officer (PCO) or the Administrative Contracting Officer (ACO) has issued a contractual change.
G-5
G-5 APPOINTMENT OF ORDERING OFFICER(S)
(a) The contracting officer and/or his duly authorized representative at the following activity(ies) are designated as Ordering Officers:
     
Name:
  Melissa Hawkins
Activity:
  Space and Naval Warfare Systems Command
Code:
  2.1D2
Address:
  Naval Base Point Loma, Naval Mine and Anti-Submarine Command Complex
33000 Nixie Way
San Diego, CA 92147-5110
Phone:
  (619) 524-5626

 


 

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(b) The above individual(s) is/are responsible for issuing and administering any orders placed hereunder. Ordering Officers may negotiate revisions/modifications to orders, but only within the scope of this contract. Ordering Officers have no authority to modify any provision of this basic contract. Any deviation from the terms of the basic contract must be submitted to the Procuring Contracting Officer (PCO) for contractual action. Ordering Officers may enter into mutual no-cost cancellations of orders under this contract and may reduce the scope of orders/tasks, but Terminations for Convenience or Terminations for Default shall be issued only by the PCO.
G-6
G-6 GOVERNMENT BILL OF LADING (APPLICABLE TO CLINS 0001-0008, 2001-2008, 3001-3008, 4001-4008, 5001-5008)
The Transportation Accounting Code for the Government Bill of Lading is *.
 
*   To be completed in individual delivery orders when the Government opts to use a Government Bill of Lading to pay for shipment of terminals and spares.
G-7
G-7 PROGRESS PAYMENTS INVOICING INSTRUCTION (APPLICABLE TO ALL FIXED PRICE CLINS)
All contractor requests for progress payments shall be submitted on Standard Form 1443 “Contractor’s Request for Progress Payment,” in lieu of an invoice, in accordance with instructions contained on the reverse side of the Standard Form 1443 to the cognizant administration office for certification of progress payments. Final invoices are to be submitted in accordance with vouchering and paying instructions contained in Section G.
G-8
G-8 LEVEL OF EFFORT, PROGRESS AND STATUS REPORT (APPLICABLE TO ALL COST TYPE CLINS)
(a) The contractor shall prepare and submit a report concurrently with each Standard Form 1034 presented for payment. The report shall cover the term for which the voucher is submitted, and shall include:
     (1) Identification Elements
 

 


 

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          a. Title (“Level of Effort, Progress and Status Report”);
          b. Contract, invoice and control Numbers;
          c. Contractor’s name and address;
          d. Date of report;
          e. Reporting (invoicing) period;
          f. Name of individual preparing report;
     (2) Delivery Order Description Elements. For each delivery order included in the invoice, the report shall include:
          a. Delivery order number;
          b. Description of progress made during the reporting period, including problem areas encountered and recommendations;
          c. Results obtained relating to previously identified problem areas;
          d. Deliverables completed and delivered;
          e. Extent of subcontracting and results achieved;
          *f. Extent of travel, including identification of individuals performing the travel, the labor categories of such individuals, the total number of travelers, the period of travel by labor category, and the results of such travel;
          **g. Labor hours expended for the period and cumulatively broken out to identify labor categories and specific individuals utilized and the amount of labor hours expended by each;
          h. Labor hours, by labor category and cumulatively, anticipated to be required for completion of the order.
          i. Materials and other direct cost items expended in performance of the Delivery Order.
          j. Problem areas and recommendations involving impact on technical, cost and scheduling requirements.
(b) Each report shall address each element of paragraph (2) above for each affected delivery order. Where the element is not applicable, the report shall so state.
(c) Distribution of the report shall, as a minimum, be one copy to the Contract Administration Office and one copy to the Contracting Officer’s Representative (COR). Additional requirements may be established in the DD Form 1423, Contract Data Requirements List.
(d) Requiring activities will ensure that this report is retained with copies of the invoice.
 
*   If for reasons of company proprietary interest, it is desired to withhold names of individuals from the report, a unique identifier (such as a payroll number) will be accepted; provided, however, that no more than one such identifier is utilized by any individual under this or any other contract effort and that the names of the individuals so identified will be made available to the Contracting Officer when requested.
 
**   Does not apply to completion type orders.

 


 

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G-9
G-9 TYPE OF CONTRACT
The type of contract for this action is as follows:
         
        Type of Contract
        Instrument (see
        DFARS
CLIN   Contract Type by CLIN   204.7003(a)(3))
0001-0008, 2001-2008, 3001-3008, 4001-4008, 5001-5008
  Firm-fixed-price   D
 
       
0009, 2009, 3009,
4009, 5009
  Not Separately Priced (NSP)    
 
       
0010, 2010, 3010,
4010, 5010
  NSP   D
 
       
0011, 2011, 3011,
4011, 5011
  Firm Fixed Price   D
 
       
0012, 2012, 3012,
4012, 5012
  Cost Plus Fixed Fee/Cost Plus
Incentive Fee
  D
 
       
0014, 2014, 3014,
4014, 5014
  Cost-Reimbursement with No Fee   D
 
       
0015, 2015, 3015,
4015, 5015
  NSP   D
 
       
1001
  Firm Fixed Price   D
 
       
1002
  NSP   D
G-10
G-10 PATENT MATTERS POINT OF CONTACT
The Point of Contact regarding patent matters for this contract is:
OFFICE OF PATENT COUNSEL / CODE 360012
SPAWARSYSCEN
53560 HULL STREET

 


 

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SAN DIEGO, CA 92152-5001
(619) 553-3001
Submit interim and final invention reports to the following address:
SPAWAR HQ
Policy Branch, Code 2.3.2
Contract Closeout
4301 Pacific Highway
San Diego, CA 92110-3127
G-11
G-11 CONTRACTOR PERFORMANCE APPRAISAL REPORTING SYSTEM
(a) Past performance information will be collected and maintained under this contract using the Department of Defense Contractor Performance Appraisal Reporting System (CPARS). CPARS is a web-enabled application that collects and manages the contractor’s performance information on a given contract during a specific period of time. Additional information is available at http://www.cpars.navy.mil/ .
(b) After contract award, the contractor will be given access authorization by the respective SPAWAR Focal Point, to review and comment on any element of the proposed rating before that rating becomes final. Within 60 days after contract award, the contractor shall provide in writing (or via e-mail) to the contracting officer the name, title, e-mail address and telephone number of the company individual or individuals who will have the responsibility of reviewing and approving any Contractor Performance Appraisal Report (CPAR) developed under the contract. If, during the life of this contract these company individual(s) are replaced by the contractor, the name, title, e-mail address and telephone number of the substitute individuals will be provided to the contracting officer within 60 days of the replacement.
G-12
G-12 INCREMENTAL FUNDING
This contract is incrementally funded pursuant to the Limitation of Funds clause, FAR 52.232-22. Funds are hereby obligated in the amount of $      *            and it is estimated that they are sufficient for contract performance through         *        .
 
*   This clause will be included in any incrementally funded task or delivery order and completed with the incrementally funded dollar amount and a date through which this funding should cover contract performance in each individual task or delivery order.

 


 

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Section H — Special Contract Requirements
H-1
H-1 ORDER OF PRECEDENCE (The following is a clarified version of FAR 52.215-8, Order of Precedence — Uniform Contract Format, applicable only to this Contract)
Any inconsistency in this Solicitation or Contract shall be resolved by giving precedence in the following order:
     (a) the schedule (Sections A through H) (excluding the specifications);
     (b) representations and other instructions (Section K);
     (c) contract clauses (Section I);
     (d) attachments (including Statements of Work) (in order, except attachment F, which is (e) below)
     (e) the specifications*
 
*   Any inconsistencies between specifications shall be resolved by giving precedence in the following order:
1. Functional Baseline consisting of the:
     MIDS-LVT System Segment Specification (SSS and SSS/A) with all SSS errata thereto
     MIDS-LVT Interface Control Document (ICD and ICD/A) with all ICD errata thereto
2. Allocated Baseline consisting of LRU and SRU specifications.
3. Other documentation referenced in the specifications (STANAG 4175, STANAG 5516, other NATO, military, and federal standards; other Government documents and non-Government documents).
H-2
H-2 APPLICABILITY OF CLAUSES
Unless a clause in this contract is noted to apply to only certain CLINs or certain types of efforts, the clauses in this contract shall apply to all of the CLINs identified in Section B of this contract and all efforts ordered hereunder.
H-3
H-3 INDEFINITE QUANTITY
Pursuant to FAR 52.216-22 entitled “INDEFINITE QUANTITY” (OCT 95) found in Section I of this contract, the minimum and maximum quantities are hereby established as follows. The combined minimum quantity for CLINs 0001-0007, as described in Section B, Note 2, represents the Government’s minimum ordering obligation for the entire contract. All minimum and maximum amounts stated below for all other CLINs in the first year ordering period shall only apply if those CLINs are ordered. The minimums and maximums for the option CLINs shall apply only if an option is exercised and if those CLINs are subsequently ordered.

 


 

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CLIN(Including any SLINs Thereunder)   MINIMUM   MAXIMUM
0001 - 0007
  See Section B, Note 2   See Section B, Note 2
0008
  0 EACH   50 each
0009
  1 LOT   1 LOT
0010
  1 LOT   1 LOT
0011
  1 LOT   1 LOT
0012
  1 LOT   1 LOT
0013
  1 LOT   1 LOT
0014
  1 LOT   1 LOT
0015
  1 LOT   1 LOT
OPTIONS 2001-2007
  See Section B   See Section B, Note 2
OPTIONS 3001-3007
  See Section B   See Section B, Note 2
OPTIONS 4001-4007
  See Section B   See Section B, Note 2
OPTIONS 5001-5007
  See Section B   See Section B, Note 2
OPTION 2008
  0 EACH   50 each
OPTION 2009
  1 LOT   1 LOT
OPTION 2010
  1 LOT   1 LOT
OPTION 2011
  1 LOT   1 LOT
OPTION 2012
  1 LOT   1 LOT
OPTION 2013
  1 LOT   1 LOT
OPTION 2014
  1 LOT   1 LOT
OPTION 2015
  1 LOT   1 LOT
OPTION 3008
  0 EACH   50 each
OPTION 3009
  1 LOT   1 LOT
OPTION 3010
  1 LOT   1 LOT
OPTION 3011
  1 LOT   1 LOT
OPTION 3012
  1 LOT   1 LOT
OPTION 3013
  1 LOT   1 LOT
OPTION 3014
  1 LOT   1 LOT
OPTION 3015
  1 LOT   1 LOT
OPTION 4008
  0 EACH   50 each
OPTION 4009
  1 LOT   1 LOT
OPTION 4010
  1 LOT   1 LOT
OPTION 4011
  1 LOT   1 LOT
OPTION 4012
  1 LOT   1 LOT
OPTION 4013
  1 LOT   1 LOT
OPTION 4014
  1 LOT   1 LOT
OPTION 4015
  1 LOT   1 LOT
OPTION 5008
  0 EACH   50 each
OPTION 5009
  1 LOT   1 LOT
OPTION 5010
  1 LOT   1 LOT
OPTION 5011
  1 LOT   1 LOT
OPTION 5012
  1 LOT   1 LOT
OPTION 5013
  1 LOT   1 LOT
OPTION 5014
  1 LOT   1 LOT
OPTION 5015
  1 LOT   1 LOT

 


 

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H-4
H-4 TYPES OF TASK OR DELIVERY ORDERS
The following types of task or delivery orders may be issued under this contract:
(a) Firm-Fixed-Price orders under CLINs 0001 through 0010*, 0011, 1001, 2001 through 2010*, 2011, 3001 through 3010*, 3011, 4001 through 4010*, 4011, and 5001 through 5010*, 5011.
(b) Cost-Plus-Fixed-Fee under CLINs 0012, 0015**, 2012, 2015**, 3012, 3015**, 4012, 4015**, 5012, 5015**.
(c) Cost-Plus-Incentive-Fee under CLINs 0012, 0015***, 2012, 2015***, 3012, 3015***, 4012, 4015***, 5012, 5015***.
(e) Cost-Plus-No-Fee under CLINs 0014, 2014, 3014, 4014, and 5014.
 
*   CLINs 0009, 0010, 2009, 2010, 3009, 3010, 4009, 4010, 5009, and 5010 are not separately priced; these CLINs are included in the Firm Fixed Price for CLINs 0001 through 0008, 2001 through 2008, 3001 through 3008, 4001 through 4008, and 5001 through 5008 respectively.
 
**   CLINs 0015, 2015, 3015, 4015, and 5015 are not separately priced; these CLINs when ordered in a cost plus fixed fee order are included in the Cost Plus Fixed Fee of CLINs 0012, 2012, 3012, 4012, and 5012 respectively.
 
***   CLINs 0015, 2015, 3015, 4015, and 5015 are not separately priced; these CLINs when ordered in a cost plus incentive fee order are included in the Cost Plus Incentive Fee of CLINs 0012, 2012, 3012, 4012, and 5012 respectively.
H-5
H-5 METHOD OF SELECTION FOR ISSUANCE OF ORDERS
(A)   Individual orders shall be placed using one of the following selection procedures:
  (1)   The ordering officer may request technical proposals and price proposals from each awardee and make award(s) to the contractor(s) whose proposal(s), in the judgment of the ordering officer, represents the best value to the government. The contractor is permitted to propose improvements (e.g., performance, schedule, prices contained in or listed at “TBD” in Section B of this contract) in its quotation. “Best value” is defined as the expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement (FAR 2.101).
 
  (2)   The ordering officer may utilize existing contract prices determined in accordance with clause B-4. The contractor may propose price improvements to clause B-4 at any time

 


 

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      after contract award.
(B)   The Government desires continuous improvements in terminal & spares pricing via updates to the pricing structure contained in clause B-4. The Government considers a price improvement to be an updated pricing structure (e.g., learning curve in clause B-4) that results in a lower, overall MIDS-LVT price. If the contractor proposes terminal and spares pricing independent of clause B-4, the Government may elect to disregard such prices even if they may be lower than prices derived from clause B-4. If determined to be the best value to the Government, the ordering officer may utilize an offeror’s higher prices from an existing clause B-4 or a proposed updated clause B-4.
 
(C)   Regardless of the selection procedures utilized, the ordering officer will consider existing prices from Section B (including clause B-4) and any proposed price improvements to clause B-4, and may consider a variety of factors, including, but not limited to:
  (a)   information received from the contractor(s) in response to the contracting officer’s request for cost/technical proposals, if requested;
 
  (b)   past performance under this contract including all outstanding and previous delivery orders;
 
  (c)   the price and extent of technical data rights, computer software rights, and computer software documentation rights in the Technical Data Package;
 
  (d)   warranty prices;
 
  (e)   delivery rate(s).
    If the ordering officer utilizes selection procedure (A)(1), the RFP will specify instructions for submitting a proposal, identify the technical factors that will be used in the evaluation, along with their relative order of importance, and will state the relative importance of the technical factors to price. The technical factors in the RFP may not include all of those identified in paragraph (C) above, and may include other technical factors more appropriate for the particular requirement.
 
(D)   The ordering officer may elect not to compete the award of any particular order if one or more of the following conditions exist:
  (a)   The agency need for such supplies or services is so urgent that providing the opportunity would result in unacceptable delays;
 
  (b)   Only one contractor is capable of providing such supplies or services at the level of quality required because the supplies or services are unique or highly specialized;
 
  (c)   The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order;
 
  (d)   It is necessary to place an order to satisfy a minimum guarantee; or
 
  (e)   If the Government utilizes existing prices in Section B (Clause B-4) provided such prices were based on adequate price competition.

 


 

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H-6
H-6 PROCEDURES FOR ISSUING ORDERS
(a) Ordering . Ordering for any other customer is prohibited without authority of the Contracting Officer or his/her representative. Supplies or services to be furnished under this contract shall be furnished by the issuance of delivery or task orders on DD Form 1155. Orders shall be placed by the Ordering Officer listed in Section G of this contract or his/her representative. Delivery or task orders shall contain the information in paragraph (b) below:
(b) Ordering Procedures .
(1) Delivery or task orders issued shall include, but not be limited to, the following information:
     (a) Date of Order
     (b) Contract, order number and requisition number
     (c) Appropriation and accounting data
     (d) Description of the services to be performed
     (e) Description of end item(s) to be delivered
     (f) DD Form 254 (Contract Security Classification Specification), if applicable
     (g) DD Form 1423 (Contract Data Requirements List), if data to be delivered under the order is not listed on the DD Form 1423 included in this contract
     (i) The inspecting and accepting codes (as applicable)
     (j) Period of time in which the services are to be performed
     (l) The estimated cost plus fixed fee or ceiling price for the order
     (m) List of Government-furnished material and the estimated value thereof, if applicable
     (n) Delivery date
(2) (a) Pursuant to the clause at 52.216-18, Ordering, incorporated into this contract in Section I, the Government may issue orders orally, by facsimile, or by electronic commerce methods including, but not limited to, sending the orders by e-mail to the contractor. If the Government sends an order by e-mail, the order will be considered “issued” when the e-mail is sent, not when received by the contractor.
     (b) Oral orders may be placed hereunder only in emergency circumstances. Information described above shall be furnished to the contractor at the time of placing an oral order and shall be confirmed by issuance of a written delivery/task order on DD Form 1155 within two working days.
(c) Modification of Delivery/Task Orders . Delivery/Task orders may be modified by the ordering officer. Modifications to delivery/task orders shall include the information set forth in paragraph (b) above, as applicable. Delivery or task orders may be modified orally by the ordering officers in emergency circumstances. Oral modifications shall be confirmed by issuance of a written modification within two working days from the time of the oral communication modifying the

 


 

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order. The Contractor shall acknowledge receipt of any delivery or task order within one working day after receipt thereof.
(d) Ceiling Price . The cost plus fixed fee or ceiling amount for each delivery/task order will be the ceiling price stated therein and may not be increased except when authorized by a modification to the delivery/task order.
(e) Unilateral Orders . Delivery or task orders under this contract will ordinarily be issued after both parties agree on all terms. If the parties fail to agree, the Ordering Officer may require the contractor to perform and any disagreement shall be deemed a dispute within the meaning of the “Disputes” clause.
H-7
H-7 LIMITATION OF LIABILITY — HIGH-VALUE ITEMS (APPLICABLE TO CLINS 0001-0008, 2001-2008, 3001-3008, 4001-4008, 5001-5008)
In consonance with FAR 46.805(a)(3) and FAR 52.246-24 (“Limitation of Liability — High-Value Items”), all Items and Subline Items deliverable hereunder are identified as High-Value Items.
H-8
H-8 CONTRACT DATA REQUIREMENTS — DELIVERY ORDERS (APPLICABLE TO CLINS 0010, 0015, 1001, 2010, 2015, 3010, 3015, 4010, 4015, 5010, 5015)
The data items shown on the DD 1423, Contract Data Requirements List, or included in the Statement of Work are either known data requirements or a general description of the data to be clarified or restated on each delivery order.
H-9
H-9 REIMBURSEMENTS UNDER COST REIMBURSEMENT OR TIME-AND-MATERIAL OR LABOR-HOUR CONTRACTS (MAR 2000)
(a) Office Equipment
The costs for acquisition, usage or rental of general purpose office equipment are considered overhead expenses and shall not be directly reimbursable under this contract. Such costs shall be included in the hourly rates payable under paragraph (a)(1) of the FAR 52.232-7 “Payments under Time-and-Material and Labor-Hour Contracts” clause, if this is a time-and-material or labor-hour contract. These overhead expenses will be reimbursed to the contractor as indirect costs under the FAR 52.216-7 “Allowable Cost and Payment” clause, if this is a cost-reimbursement contract.

 


 

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(b) Overtime
Overtime is contemplated only on an emergency basis. However, if the need for overtime arises, such overtime shall not be worked without written authorization from the Contracting Officer.
(c) Overtime/Holiday Rate
     (1) Overtime is defined as time worked in one workweek in excess of 40 hours in such workweek. Holiday time is defined as any time worked on a legal Federal Holiday. Legal Federal holidays for the purpose of this contract are listed below:
New Year’s Day
Martin Luther King’s Birthday
Washington’s Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran’s Day
Thanksgiving Day
Christmas Day
     (2) Overtime and/or holiday work may be worked by the Contractor only to the extent it is specifically authorized in writing, by the ordering activity on individual orders placed under the contract. No additional hours of overtime may be worked without additional written authorization.
     (3) Unless the contractor states otherwise in contractor’s proposal it will be deemed that the contractor shall observe the same holidays as the Government and shall otherwise be open for business Monday through Friday during the performance of the contract.
H-10
H-10 5252.232-9206 SEGREGATION OF COSTS (DEC 2003) (APPLICABLE TO COST REIMBURSEMENT CLINS)
(a) The Contractor agrees to segregate costs incurred under this contract at the lowest level of performance, either task or subtask, rather than on a total contract basis, and to submit invoices reflecting costs incurred at that level. Invoices shall contain summaries of work charged during the period covered, as well as overall cumulative summaries by labor category for all work invoiced to date, by line item, task or subtask.
(b) Where multiple lines of accounting are present, the ACRN preceding the accounting citation will be found in Section B and/or Section G of the contract or in the task or delivery order that authorizes work. Payment of Contractor invoices shall be accomplished only by charging the ACRN that corresponds to the work invoiced.

 


 

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(c) Except when payment requests are submitted electronically as specified in the clause at DFARS 252.232-7003, Electronic Submission of Payment Requests, one copy of each invoice or voucher will be provided, at the time of submission to DCAA:
(1) to the Contracting Officer’s Representative or the Technical Representative of the Contracting Officer, and
(2) to the Procuring Contracting Officer.
H-11
H-11 REIMBURSEMENT OF TRAVEL COSTS (JAN 2006)
(a) Contractor Request and Government Approval of Travel — this paragraph (a) is only applicable to cost-type CLINs. The remaining paragraphs of this clause apply to all CLINs.
Any travel under this contract must be specifically requested in writing, by the contractor prior to incurring any travel costs. If this contract is a definite or indefinite delivery contract, then the written Government authorization will be by task/delivery orders issued by the Ordering Officer or by a modification to an issued task/delivery order. If this contract is not a definite or indefinite delivery contract, then the written Government authorization will be by written notice of approval from the Contracting Officer’s Representative (COR). The request shall include as a minimum, the following:
(1) Contract number
(2) Date, time, and place of proposed travel
(3) Purpose of travel and how it relates to the contract
(4) Contractor’s estimated cost of travel
(5) Name(s) of individual(s) traveling and;
(6) A breakdown of estimated travel and per diem charges.
Any travel under the contract must be specifically identified by the contractor in a written quotation to the Ordering Officer prior to incurring any travel costs. Travel under this contract is only authorized under task/delivery orders issued by the Ordering Officer or by a modification to an issued task/delivery order.
(b) General
     (1) The costs for travel, subsistence, and lodging shall be reimbursed to the contractor only to the extent that it is necessary and authorized for performance of the work under this contract. The costs for travel, subsistence, and lodging shall be reimbursed to the contractor in accordance with the Federal Acquisition Regulation (FAR) 31.205-46, which is incorporated by reference into this contract. As specified in FAR 31.205-46(a) (2), reimbursement for the costs incurred for lodging, meals and incidental expenses (as defined in the travel regulations cited subparagraphs (b)(1)(i) through (b)(1)(iii) below) shall be considered to be reasonable and allowable only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the following:

 


 

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          (i) Federal Travel Regulation prescribed by the General Services Administration for travel in the contiguous 48 United States;
          (ii) Joint Travel Regulation, Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense for travel in Alaska, Hawaii, The Commonwealth of Puerto Rico, and the territories and possessions of the United States; or
          (iii) Standardized Regulations, (Government Civilians, Foreign Areas), Section 925, “Maximum Travel Per Diem Allowances in Foreign Areas” prescribed by the Department of State, for travel in areas not covered in the travel regulations cited in subparagraphs (b)(1)(i) and (b)(1)(ii) above.
     (2) Personnel in travel status from and to the contractor’s place of business and designated work site or vice versa, shall be considered to be performing work under the contract, and contractor shall bill such travel time at the straight (regular) time rate; however, such billing shall not exceed eight hours per person for any one person while in travel status during one calendar day.
(c) Per Diem
     (1) The contractor shall not be paid per diem for contractor personnel who reside in the metropolitan area in which the tasks are being performed. Per diem shall not be paid on services performed at contractor’s home facility and at any facility required by the contract, or at any location within a radius of 50 miles from the contractor’s home facility and any facility required by this contract.
     (2) Costs for subsistence and lodging shall be paid to the contractor only to the extent that overnight stay is necessary and authorized in writing by the Government for performance of the work under this contract per paragraph (a). When authorized, per diem shall be paid by the contractor to its employees at a rate not to exceed the rate specified in the travel regulations cited in FAR 31.205-46(a)(2) and authorized in writing by the Government. The authorized per diem rate shall be the same as the prevailing locality per diem rate.
     (3) Reimbursement to the contractor for per diem shall be limited to payments to employees not to exceed the authorized per diem and as authorized in writing by the Government per paragraph (a). Fractional parts of a day shall be payable on a prorated basis for purposes of billing for per diem charges attributed to subsistence on days of travel. The departure day from the Permanent Duty Station (PDS) and return day to the PDS shall be 75% of the applicable per diem rate. The contractor shall retain supporting documentation for per diem paid to employees as evidence of actual payments, as required by the FAR 52.216-7 “Allowable Cost and Payment” clause of the contract.
     (d) Transportation

 


 

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     (1) The contractor shall be paid on the basis of actual amounts paid to the extent that such transportation is necessary for the performance of work under the contract and is authorized in writing by the Government per paragraph (a).
     (2) The contractor agrees, in the performance of necessary travel, to use the lowest cost mode commensurate with the requirements of the mission and in accordance with good traffic management principles. When it is necessary to use air or rail travel, the contractor agrees to use coach, tourist class or similar accommodations to the extent consistent with the successful and economical accomplishment of the mission for which the travel is being performed. Documentation must be provided to substantiate non-availability of coach or tourist if business or first class is proposed to accomplish travel requirements.
     (3) When transportation by privately owned conveyance (POC) is authorized, the contractor shall be paid on a mileage basis not to exceed the applicable Government transportation rate specified in the travel regulations cited in FAR 31.205-46(a)(2) and is authorized in writing by the Government per paragraph (a).
     (4) When transportation by privately owned (motor) vehicle (POV) is authorized, required travel of contractor personnel, that is not commuting travel, may be paid to the extent that it exceeds the normal commuting mileage of such employee. When an employee’s POV is used for travel between an employee’s residence or the Permanent Duty Station and one or more alternate work sites within the local area, the employee shall be paid mileage for the distance that exceeds the employee’s commuting distance.
     (5) When transportation by a rental automobile, other special conveyance or public conveyance is authorized, the contractor shall be paid the rental and/or hiring charge and operating expenses incurred on official business (if not included in the rental or hiring charge). When the operating expenses are included in the rental or hiring charge, there should be a record of those expenses available to submit with the receipt. Examples of such operating expenses include: hiring charge (bus, streetcar or subway fares), gasoline and oil, parking, and tunnel tolls.
     (6) Definitions:
     (i) “Permanent Duty Station” (PDS) is the location of the employee’s permanent work assignment (i.e., the building or other place where the employee regularly reports for work.
     (ii) “Privately Owned Conveyance” (POC) is any transportation mode used for the movement of persons from place to place, other than a Government conveyance or common carrier, including a conveyance loaned for a charge to, or rented at personal expense by, an employee for transportation while on travel when such rental conveyance has not been authorized/approved as a Special Conveyance.
     (iii) “Privately Owned (Motor) Vehicle (POV)” is any motor vehicle (including an automobile, light truck, van or pickup truck) owned by, or on a long-term lease (12 or

 


 

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more months) to, an employee or that employee’s dependent for the primary purpose of providing personal transportation, that:
     (a) is self-propelled and licensed to travel on the public highways;
     (b) is designed to carry passengers or goods; and
     (c) has four or more wheels or is a motorcycle or moped.
     (iv) “Special Conveyance” is commercially rented or hired vehicles other than a POC and other than those owned or under contract to an agency.
     (v) “Public Conveyance” is local public transportation (e.g., bus, streetcar, subway, etc) or taxicab.
     (vi) “Residence” is the fixed or permanent domicile of a person that can be reasonably justified as a bona fide residence.
EXAMPLE 1: Employee’s one way commuting distance to regular place of work is 7 miles. Employee drives from residence to an alternate work site, a distance of 18 miles. Upon completion of work, employee returns to residence, a distance of 18 miles.
     In this case, the employee is entitled to be reimbursed for the distance that exceeds the normal round trip commuting distance (14 miles). The employee is reimbursed for 22 miles (18 + 18 - 14 = 22).
EXAMPLE 2: Employee’s one way commuting distance to regular place of work is 15 miles. Employee drives from residence to an alternate work site, a distance of 5 miles. Upon completion of work, employee returns to residence, a distance of 5 miles.
     In this case, the employee is not entitled to be reimbursed for the travel performed (10 miles), since the distance traveled is less than the commuting distance (30 miles) to the regular place of work.
EXAMPLE 3: Employee’s one way commuting distance to regular place of work is 15 miles. Employee drives to regular place of work. Employee is required to travel to an alternate work site, a distance of 30 miles. Upon completion of work, employee returns to residence, a distance of 15 miles.
     In this case, the employee is entitled to be reimbursed for the distance that exceeds the normal round trip commuting distance (30 miles). The employee is reimbursed for 30 miles (15 + 30 + 15 - 30 = 30).
EXAMPLE 4: Employee’s one way commuting distance to regular place of work is 12 miles. In the morning the employee drives to an alternate work site (45 miles). In the afternoon the

 


 

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employee returns to the regular place of work (67 miles). After completion of work, employee returns to residence, a distance of 12 miles.
     In this case, the employee is entitled to be reimbursed for the distance that exceeds the normal round trip commuting distance (24 miles). The employee is reimbursed for 100 miles (45 + 67 + 12 - 24 = 100).
EXAMPLE 5: Employee’s one way commuting distance to regular place of work is 35 miles. Employee drives to the regular place of work (35 miles). Later, the employee drives to alternate work site #1 (50 miles) and then to alternate work site #2 (25 miles). Employee then drives to residence (10 miles).
     In this case, the employee is entitled to be reimbursed for the distance that exceeds the normal commuting distance (70 miles). The employee is reimbursed for 50 miles (35 + 50 + 25 + 10 - 70 = 50).
EXAMPLE 6: Employee’s one way commuting distance to regular place of work is 20 miles. Employee drives to the regular place of work (20 miles). Later, the employee drives to alternate work site #1 (10 miles) and then to alternate work site #2 (5 miles). Employee then drives to residence (2 miles).
     In this case, the employee is not entitled to be reimbursed for the travel performed (37 miles), since the distance traveled is less than the commuting distance (40 miles) to the regular place of work.
H-12
H-12 CERTIFICATE OF COMPLIANCE
The Contractor shall certify that the terminal, as designed meets all the current requirements of the contract and all attachments thereto, including interchangeability requirements. The Contractor shall submit a separate Certificate of Compliance for each LVT variant (i.e. LVT (1), LVT (2) and LVT (3)).
The requirements documents for each variant are as follows:
LVT (1), (4), (6), (7) — SSS and ICD and associated Data Lists
LVT (2), (11) — SSSA and ICDA and associated Data Lists
LVT (3) — SSSA and ICDA and associated Data Lists
Any terminal delivered with NSIO S/W — NSIO SSSA and associated Data Lists
These certificates shall be delivered via contract letter after the contractor has successfully completed its contractor qualification effort. The certification must be submitted no later than 15 days prior to the contractor request for Government acceptance (via DD 250) of the first

 


 

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terminal for each variant. The certificates shall be signed by an individual authorized to obligate the Contractor.
H-13
H-13 5252.243-9400 AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER (JAN 1992)
(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the Contractor’s facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause of this contract.
(b) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.
(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is:
     
NAME
  Melissa L. Hawkins
 
   
ADDRESS
  Naval Base Point Loma, Naval Mine and Anti-Submarine Command
 
  Complex
 
  33000 Nixie Way
 
  San Diego, CA 92147-5110
 
   
TELEPHONE
  (619) 524-5626
 
   
E-MAIL
  melissa.hawkins@navy.mil
H-14
H-14 ALTERNATIVES AND UPDATES TO SPECIFICATIONS AND STANDARDS (DEC 1999)
(a) The Department of Defense is—

 


 

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     (1) committed to minimizing the use of military and federal specifications and standards; and
     (2) seeking to use non-government specifications and standards to the maximum extent practicable to satisfy its requirements.
(b) The Contractor—
     (1) is encouraged to identify and propose alternatives to specifications and standards cited in this contract;
     (2) may submit to the Contracting Officer a proposal addressing alternatives to contractually mandated military, federal, or commercial specifications and standards, consisting of the following:
          (i) a copy of the proposed alternatives;
          (ii) a comparison of the proposed alternatives to the specifications or standards cited in the contract; and
          (iii) an analysis supporting the feasibility and cost-effectiveness of the proposed alternatives.
(c) If the Contractor has a contract, or multiple DOD contracts, that incorporate outdated or different versions of military, federal, or commercial specifications or standards, the Contractor may request that all of its contracts be updated to the latest version of the applicable specifications or standards. Updating must not affect the form, fit, or function of any deliverable item, and must demonstrate a benefit to the government. The Contractor may submit updating requests to the Contracting Officer through the cognizant contract administration office. The government will, to the extent practicable, evaluate the acceptability of any proposed alternative. If a proposed alternative is not considered for the instant procurement, it will be considered for future procurement. If the Contracting Officer does not accept the proposed alternative, the Contractor agrees to perform the contract in accordance with the specifications and standards cited in the contract.
H-15
H-15 AIRWORTHINESS CERTIFICATE (APPLICABLE TO ALL MIDS-LVT TERMINALS DELIVERED UNDER THIS CONTRACT)
(a) The Contractor shall certify that the delivered Terminals are safe for intended use. The certificate shall be based on successful completion of Contractor testing and analysis. Safe-For-Intended Use (SFIU) tests shall consist of (1) Crash Safety, (2) Random Vibration, (3) Electronic Field Radiated Emission (RE02) Test, (4) Power Line and signal Line Conducted Emission (CE03) and explosive atmosphere.
(b) The Contractor shall provide a completed AFMC Form 3, Component Airworthiness Certificate, as part of their First Article Approval prior to the first terminal delivered under this contract (See H-23). The AFMC Form 3 is considered “completed” once the contractor has completed the necessary testing and analysis and the responsible contractor system safety engineer/officer/ manager has signed the form. The Government expects to review the test data and analyses upon which the Contractor based the airworthiness certificate.

 


 

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(c) The Contractor shall maintain the Terminal’s airworthiness certificate until the period of performance for the entire contract is completed.
H-16
H-16 ELECTROMAGNETIC COMPATIBILITY (EMC) FEATURES APPROVAL (APPLICABLE TO ALL MIDS-LVT TERMINALS DELIVERED UNDER THIS CONTRACT)
The Contractor is required to obtain EMC Features approval in accordance with the DoD Link 16 EMC Features Certification Process and Requirements prior to First Article Approval (see H-23) and to maintain such approval until the period of performance for the entire contract is completed. Any waivers or deviations against the DoD Link 16 EMC Features Certification Process and Requirements shall be submitted to NTIA via the DoD Certification Authority for approval. The certification effort may require technical interchange meetings with the DoD Certification Authority, currently designated as PEO C4I, or with members of their designated EMC Features Certification execution activity. Accordingly, it is the sole responsibility of the Contractor to determine and to provide all information, briefings, test procedures, test conduct, test reports and analysis that may be required to document and obtain certification from the DoD Certification Authority and final EMC features approval from NTIA.
H-17
H-17 COMMUNICATIONS SECURITY (COMSEC) APPROVAL FOR USE (APPLICABLE TO ALL MIDS-LVT TERMINALS DELIVERED UNDER THIS CONTRACT)
The Contractor is required to obtain National Security Agency (NSA) Approval for Use of the MIDS LVT terminal together with NSA approval of the associated documentation as part of First Article Approval (See Clause H-23) and to maintain such COMSEC Approval for Use until the period of performance for the entire contract is completed. This effort will require technical interchange meetings with NSA, or a designated agency.
Accordingly, it is the sole responsibility of the Contractor to determine and to provide all information, briefings, test procedures, test conduct, test reports and analysis that may be required to document and obtain such approval by NSA. To obtain copies of the COMSEC requirement documents including SOW and CDRL, the Contractor must send a written request to the National Security Agency (NSA) Program Manager for MIDS, with a copy of the request sent to JPEO JTRS, MIDS Program Office. The request shall include identification of the Contractor’s current U.S. COMSEC account and evidence of a current facility and personnel clearance. The NSA Program Manager for MIDS can be reached at (410) 854-0878.

 


 

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H-18
H-18 5252.225-9200 OFFSHORE PROCUREMENT OF COMSEC EQUIPMENT (MAY 1996)
Due to the unique sensitivity of Communications Security and to maintain rigid control over the integrity of COMSEC equipment, no subcontracts or purchase orders which involve design, manufacture, production, assembly or test in a location not in the United States, of equipment, assemblies, accessories or parts performing cryptographic functions shall be made under this contract without prior specific approval of the Contracting Officer. The Contractor shall include this clause in any and all subcontracts it may let pursuant to this contract for equipment, assemblies, accessories or parts.
H-19
H-19 CONTRACT SECURITY CLASSIFICATION SPECIFICATION
DOD Contract Security Classification (DD 254), attached, itemizes the classified portion of work to be performed under this Contract. Upon completion of the final delivery under this contract, the Contractor shall promptly notify, in writing, the Space and Naval Warfare Systems Command (SPAWAR) Security Office (SPAWAR Code 83310), and JPEO JTRS. The Contractor shall, if applicable, request classified material disposition in accordance with the National Industrial Security Program Operating Manual (NISPOM) (DOD 5220.22-M) and Security within the North Atlantic Treaty Organization (Document C-M(55)15(Final)) and any subsequent amendments.
Regarding FAR 52.204-2 (“Security Requirements”), paragraph (b), the following applies in lieu of DOD 5220.22-M (including any revisions to this manual) for any Non-U.S. contractors or Non-U.S. subcontractors located outside the U.S.:
     1. For those located within the Republic of France:
  (a)   “Instruction Generale Interministerielle 1300/SGDN/DR” of 12 March 1982;
 
  (b)   “Instruction Interministerielle 2000/SGDN/SSD/DR” of 01 October 1986; and
 
  (c)   “Instruction 2500/DEF/C23” of 26 January 1983.
     2. For those located within the Federal Republic of Germany:
“Handbuch fur den Geheimschultz in der Wirtschaft” of Jun 1986
     3. For those within the Republic of Italy:
“Norme unificate per La tutela del Segreto” SMD-1/R — Vol III del 1971 e successive direttive/aggiornamenti:
    PCM-ANS 1/R/A del 28.01.1986
 
    ANS-NDA 296

 


 

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    ANS-S/R e altre
     4. For those within the Kingdom of Spain:
“Manual de Seguridad Industrial de Las F.F.A.A.”, Orden Ministerial No. 12-82 (21 October)
H-20
H-20 NONDISCLOSURE OF COMSEC INFORMATION
COMSEC/TEMPEST information will be the subject of a Memoranda of Agreement between the National Security Agency (NSA) and the Cryptologic Authorities of the Participants. All information related to the COMSEC/TEMPEST portions of this Program will be released on a Government-to-Government basis by the NSA to the Cryptologic Authorities of the Participants. Public release of information relating to COMSEC and its uses shall be restricted in dissemination to Contractor personnel and Government personnel involved in the Contract. Any proposed release of unclassified COMSEC information relating to this Contract into the public domain shall be forwarded, via the PCO, to both SPAWAR Security Technology Transfer Office (Code 83300), for review on behalf of the JPEO JTRS, and NSA. The term “release” includes, but is not limited to: newspaper articles, company newsletters, contract announcements, advertisements, brochures, photographs, motion-picture films, technical papers, unclassified presentations at symposia, speeches, displays, etc. on any COMSEC phase related to this Contract.
H-21
H-21 RESTRICTED ACCESS TO COMSEC INFORMATION
(a) The Contractor agrees to obtain written approval from the National Security Agency (NSA) through the PCO on behalf of the JPEO JTRS before assigning work or granting access to any foreign national or foreign representative to data related to the following items/subject matter, whether such data is provided by the Government or generated under this Contract in accordance with DD 254, Contract Security Classification Specification:
1. U-TVB CTIC/DS-101 Hybrid
2. AN/CYZ-10 Data Transfer Device .
3. AN/KOI-18 Paper Tape Reader
4. AN/PYI-10 Fill Device
5. Cryptographic Keys
6. AN/PYQ-10, Simple Key Loader (SKL)
7. Cryptographic related specifications, publications, and software
(b) For purposes of this clause, a foreign national is anyone who is not a citizen of the United States. A foreign representative is anyone (regardless of nationality) who is acting as an official,

 


 

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agent, or employee of (i) a foreign owned/controlled/influenced firm, corporation, or person or (ii) a foreign government. Nothing in this clause is intended to waive any requirement imposed by any other US Government agency with respect to employment of either foreign nationals or foreign representatives or to export control.
H-22
H-22 DATA/SOFTWARE ACCESSION LIST
The Data Accession List (DAL) provides a listing of information generated by the Contractor as required by CDRL A016. The Contracting Officer may order copies of any data, documentation or computer software identified in the DAL. If requested, electronic copies of the data shall be made provided to the Government via the MIDS Enterprise Management System (EMS) online database within 5 working days from the date of the request. The cost of furnishing such data or software shall be subject to payment pursuant to DFARS 252.227-7027 (“Deferred Ordering of Technical Data or Computer Software”) under Section I.
H-23
H-23 MIDS-LVT FIRST ARTICLE QUALIFICATION REQUIREMENTS
The contractor is required to have its MIDS-LVT variant(s) first article approved by the Government before the contractor may start delivery of terminals. Contractors that have previously had their MIDS-LVT variant(s) qualified shall provide evidence of that first article approval prior to their first delivery under this contract. For any MIDS-LVT variant(s) for which the contractor has not previously obtained Government first article approval, the Government will approve such variant(s) when all of the following conditions have been met:
  a)   The Contractor has submitted a Certificate of Compliance (H-12) after successful completion of contractor Qualification which was performed in accordance with a Government approved contractor qualification plan/procedure. The certificate shall state, as applicable, that the Contractor’s first article meets all of the requirements of the MIDS Functional and Allocated baselines detailed in Attachment F.
 
  b)   The Contractor has submitted an EMC Features Approval (H-16).
 
  c)   The Contractor has submitted a signed COMSEC Approval for Use (H-17).
 
  d)   The Contractor has submitted a signed Air Worthiness certificate (H-15) for terminals to be operated in an airborne environment.
 
  e)   The Contractor has successfully demonstrated LRU and SRU interchangeability in accordance with Clause C-2.
 
  f)   The contractor’s terminal has successfully passed any Government executed qualification testing that the Government, at its discretion, deems necessary.

 


 

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H-24
H-24 GOVERNMENT FURNISHED COMPUTER SOFTWARE
As part of the Government qualification process of GFM software cited in H-26, the Government will be testing the software on the contractor’s production terminal prior to providing it as GFM. If during this qualification process the Government determines that there is a problem with the contractor’s terminal executing the GFM software, the Government will notify the contractor in writing. Within 30 days of Government notification and at no cost to the Government, the contractor shall complete corrective action that ensures its terminal successfully executes the GFM software.
H-25
H-25 GOVERNMENT FURNISHED PROPERTY
The Government will provide only that property set forth below, on or before the date indicated, notwithstanding any provisions of the specification(s) to the contrary:
Upon Contractor’s written request to the Procuring Contracting Officer via the cognizant Contract Administration Office, the Government will furnish the following for use in the performance of this contract:
                     
SOURCE   DESCRIPTION   QTY   DATE   DESTINATION   NOTES
*
  *   *   *   *   *
 
*   In support of this contract, the Contractor is authorized to use the Government Furnished Property currently authorized for use on Contract N00039-00-D-2101.
H-26
H-26 GOVERNMENT FURNISHED MATERIAL
(a) The Government, via Management Control Activity (MCA) Distribution Code N00039 , will furnish to the Contractor for use in connection with this Contract, only the Government Furnished Material set forth below:
                     
SOURCE   DESCRIPTION   QTY   DATE   DESTINATION   NOTES
IPO
  MIDS CORE Software*
MIDS TIO Software*
MIDS ADDSI Software*
MIDS CSIA Software*
NSIO Software*
NCP software*
FDL Software*
  1 EA
1 EA
1 EA
1 EA
  Initial: 3 Months After Contract Award. Updates version provided as available.   Available on EMS   Version Description Documents will be provided with the software. Deliveries shall include all source, definition, build files, and all other necessary files to create executables, plus final executables.
 
                   
NSA
  [***]   1 per FMS SMP SRU ordered.   6 months after effective date of each production order   Contractor’s Plant   See clauses H.21.
 
*   Updated versions to be provided as they become available
 
*   Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.

 


 

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(b)   Only the material listed above in the quantities shown will be furnished by the Government notwithstanding any provisions of the specification(s) to the contrary. Government Furnished Material will be delivered, all transportation charges paid, to the cognizant contract administration office specified herein, in care of the Contractor’s plant.
H-27
H-27 DISPOSITION OF GOVERNMENT FURNISHED PROPERTY
When disposition instructions for Government Furnished Property are contained in the accountable contract or on the supporting shipping documents (DD 1149) the Contractor shall initiate and submit an excess inventory listing to the Procuring Contracting Officer (PCO), via the activity Property Administrator.
If there is any contractor acquired property to which the Government retained title or if GFP was provided without disposition instructions, the Contractor shall submit an excess inventory listing of such items to the PCO, via the activity Property Administrator, at which time disposition instructions will be provided.
H-28
H-28 SUBMISSION OF DD FORM 1662, DOD PROPERTY IN THE CUSTODY OF CONTRACTORS
The contractor shall provide a duplicate of the DD Form 1662 executed per DFARS clause 252.245-7001 to the Contracting Officer’s Representative (COR) by 31 October of each year of contract performance.
H-29
H-29 CONTRACTOR IDENTIFICATION (MAY 2004)
(a) Contractor employees must be clearly identifiable while on Government property by wearing appropriate badges.
(b) Contractor personnel and their subcontractors must identify themselves as contractors or subcontractors during meetings, telephone conversations, in electronic messages, or correspondence related to this contract.
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signs, name plates or other identification, showing that these are work areas for Contractor or subcontractor personnel.
H-30
H-30 INDUSTRIAL PRIORITY RATING (SEP 1996)
(a) The Department of Defense does not normally assign industrial priority ratings under the Defense Priorities and Allocations System (DPAS) for the acquisition of computers, software and peripheral equipment which will be used for administrative or business purposes, e.g. financial management (payroll, budget, etc.), insurance programs, commissary or base exchange operations, and personnel education and training programs. Industrial priority ratings are also not used when the computers, software and peripheral equipment will be financed by military department and activities with non-appropriated funds.
(b) However, a DO-A7 or DX-A7 rating may be assigned on delivery orders for computers, software and peripheral equipment that will be used as an integral part of an end item which is necessary to conduct strategic or tactical military operations; necessary for logistics support of military operations; or necessary for research and development, production, testing, or construction at Government-owned facilities. DPAS ratings, when applicable, will be specified on the face of the delivery order.
H-31
H-31 LIMITED RELEASE OF CONTRACTOR CONFIDENTIAL BUSINESS INFORMATION (NOV 2003)
(a) Definition .
“Confidential business information,” as used in this clause, is defined as all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if — (1) the owner thereof has taken reasonable measures to keep such information secret, and (2) the information derives independent economic value, actual or potential from not being generally known to, and not being readily ascertainable through proper means by, the public. Confidential business information may include technical data as that term is defined in DFARS §§ 252.227-7013(a)(14), 252.227-7015(a)(4), and 252.227-7018(a)(19). It may also include computer software as that term is defined in DFARS §§ 252.227-7014(a)(4) and 252.227-7018(a)(4).
(b) The Space and Naval Warfare Systems Command (SPAWAR) may release to individuals employed by SPAWAR support contractors and their subcontractors confidential business information submitted by the contractor or its subcontractors pursuant to the provisions of this contract. Business information that would ordinarily be entitled to confidential treatment may be

 


 

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included in the information released to these individuals. Accordingly, by submission of a proposal or execution of this contract, the offeror or contractor and its subcontractors consent to a limited release of its confidential business information.
(c) Circumstances where SPAWAR may release the contractor’s or subcontractors’ confidential business information include the following:
     (1) To other SPAWAR contractors and subcontractors, and their employees tasked with assisting SPAWAR in handling and processing information and documents in the administration of SPAWAR contracts, such as file room management and contract closeout.
     (2) To SPAWAR contractors and subcontractors, and their employees tasked with assisting SPAWAR in accounting support services, including access to cost-reimbursement vouchers.
(d) SPAWAR recognizes its obligation to protect the contractor and its subcontractors from competitive harm that could result from the release of such information. SPAWAR will permit the limited release of confidential business information under paragraphs (c)(1) and (c)(2) only under the following conditions:
     (1) SPAWAR determines that access is required by other SPAWAR contractors and their subcontractors to perform the tasks described in paragraphs (c)(1) and (c)(2),
     (2) Access to confidential business information is restricted to individuals with a bona fide need to possess,
     (3) Contractors, their subcontractors, and their employees who are granted access to confidential business information have signed an appropriate non-disclosure agreement requiring them to provide the same level of protection to confidential business information that would be provided by SPAWAR employees,
     (4) Contractors and their subcontractors having access to confidential business information have agreed under their contract or a separate corporate non-disclosure agreement to provide the same level of protection to confidential business information that would be provided by SPAWAR employees, and
     (5) SPAWAR contractors and their subcontractors performing the tasks described in paragraphs (c)(1) or (c)(2) have agreed under their contract or a separate non-disclosure agreement to not use confidential business information for any purpose other than performing the tasks described in paragraphs (c)(1) and (c)(2).
(e) SPAWAR’s responsibilities under the Freedom of Information Act are not affected by this clause.
(f) If SPAWAR satisfies the conditions listed in paragraph (d), the contractor and its subcontractors agree to indemnify and hold harmless the Government, its agents, and employees from every claim or liability, including attorneys fees, court costs, and expenses, arising out of, or in any way related to, the misuse or unauthorized modification, reproduction, release, display, or disclosure of confidential business information provided by the contractor to the Government.
(g) The contractor agrees to include, and require inclusion of, this clause in all subcontracts at any tier that requires the furnishing of confidential business information.

 


 

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H-32
H-32 THIRD PARTY TRANSACTIONS
(a) Definitions . For the purposes of this clause:
“Participants” is defined as a signatory of the MIDS Program Memorandum of Understanding and each supplement.
“Foreground Information” is defined as any information generated under the Program.
“Information” is defined as any information, knowledge, or data, regardless of form or characteristics including: that of a scientific or technical nature, threat, experimental and test data, designs, semiconductor mask works and topography, improvements, photographs, reports, manuals, specifications, processes, techniques, inventions, technical writings, computer software, sound recordings, pictorial reproductions, drawings and other graphical representations; whether on magnetic tape, in computer memory or in whatever form presented, and whether or not subject to copyright or other legal protection.
“MIDS-LVT Equipment” is defined as program equipment, including hardware and software that is produced or supported through contracts managed by the MIDS International Program Office (IPO). MIDS-LVT Equipment may be an end item, a system, or a component. MIDS-LVT Equipment includes MIDS-LVT all variants. MIDS-LVT Equipment excludes special tooling and test equipment.
“Third Party” is defined as any entity that desires to obtain MIDS-LVT Equipment and Foreground Information outside of this contract, i.e, not through an order placed under this contract.
“Procuring Contracting Officer” is defined in Section G, Clause G-5 “Designation of Procurement Contracting Officer and Appointment of Ordering Officer(s)” under contracts N00039-00-D-2100 and N00039-00-D-2101.
“Levy” is defined as the recoupment value of Nonrecurring Costs (NRC) that can be obtained by the Participants for certain transactions involving Third Parties.
(b) Restriction. The contractor, and all of its subcontractors, are prohibited from selling, entering into a contract to sell, transferring title of, or disclosing or transferring possession of, any MIDS-LVT Equipment or Foreground Information, exclusive of any MIDS-LVT Equipment or Foreground Information that has been approved for public release, to any Third Party without the express written notification by the Procuring Contracting Officer (PCO) that the proposed transaction is approved by the MIDS Steering Committee or U.S. MIDS Steering Committee Representative, as applicable.

 


 

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(c) Procedures
(1) If at any time the contractor desires to engage in a transaction restricted by paragraph (b) above, the contractor must submit a formal written request to that effect to the PCO prior to the earlier of (a) forwarding an offer to sell, entering into a contract to sell, or transferring MIDS-LVT Equipment or Foreground Information to a Third Party, or, (b) submittal of a request to the United States Department of State for an export license, if necessary, for such a proposed transaction. The request shall include at a minimum the following information:
(i) A description of the defense equipment or information to be transferred, including quantity, number of units, unit price, and total value of proposed sale,
(ii) The identity of the Ministry of Defense of the new recipient (if applicable).
(iii) The anticipated purpose, end use, and end user of the defense equipment or information.
If the contractor deems its request to be proprietary, the following paragraph shall be included in its request:
This request for sale or transfer of MIDS-LVT Equipment or Foreground Information includes data that shall not be disclosed outside of the Participants and shall not be duplicated, used, or disclosed — in whole or in part — for any purpose other than to evaluate this request. This restriction does not limit the Participants’ rights to use information contained in this data if it is obtained from another source without restriction.
(2) Upon receipt of a request submitted pursuant to (c)(1), the PCO will forward the request to either the MIDS Steering Committee or the U.S. MIDS Steering Committee Representative, depending upon the nature of the requested transaction, for consideration and action. The PCO will notify the contractor when the MIDS Steering Committee or the U.S. MIDS Steering Committee Representative, as applicable, decides to approve or disapprove the requested transaction. The contractor may enter into the transaction as specifically requested pursuant to paragraph (c)(1) only upon receipt of PCO notification that the requested transaction has been approved.
(3) If the request submitted pursuant to (c)(1)(ii) is for a transaction either directly with a foreign government or foreign industry OR to a US Government Agency or US industry where the end user is a foreign government or foreign industry, a levy payment in accordance with section (d) shall be included.
(d) Additional Guidelines and Procedures for Approved Transactions To Third Parties Involving Levies
(1) If the contractor’s request is approved by the MIDS Steering Committee, then the

 


 

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contractor will include the applicable levy as a separately priced line item in the proposal to the Third Party. The applicable amount of the EMD non-recurring costs will either be deposited to the MIDS Nations levy accounts directly by the Third Party or included on the contract and deposited to the MIDS Nations levy accounts by the contractor. The MIDS IPO will provide instructions for deposit of the levies. This sum shall not include any amount that any or all of the Governments elect to waive.
(2) Prior to shipment of MIDS equipment to the Third Party, the contractor shall obtain written verification from the MIDS International Program Office that all applicable levies have been deposited to the Participants’ bank accounts. Shipment of MIDS equipment without obtaining such verification may result in withdrawal of approval for current transactions, and rejection of future requests (presented pursuant to paragraph (c)(1)) by the MIDS Steering Committee.
(3) The contractor agrees to include in any proposals to a Third Party the not-to-exceed amount of $17,071 per terminal, which represents the maximum recoupment value that can be levied by the Participants (exclusive of the US Government) for any Third Party transaction.
(4) The contractor further agrees to include the text of the following clause in all contracts it enters into with Third Parties that involve the export of MIDS LVT Equipment and Foreground Information:
“The acceptance of this Contract by the Contractor is based upon its receipt of both the applicable export approval of the Department of State of the United States of America pursuant to the International Traffic in Arms Regulations and the approval of the MIDS Steering Committee for the transfer of MIDS LVT equipment and information to the Customer.”
(e) The contractor acknowledges that although the United States is one of the five participants to the MIDS program, the United States has no authority to order the MIDS Steering Committee to approve any particular request for sale or transfer of MIDS-LVT Equipment or Foreground Information to a Third Party.
(f) For all transactions involving Third Parties, the contractor shall take appropriate measures to ensure that the Third Party does not re-transfer or use the MIDS LVT Equipment or Foreground Information provided to that Third Party in any manner inconsistent with the purposes approved by the MIDS Steering Committee or U.S. MIDS Steering Committee Representative, as applicable.
(g) The Contracting Officer’s written notification of the approval of a transaction restricted by paragraph (c) involving a particular Third Party shall not constitute an approval by either the MIDS Steering Committee or U.S. MIDS Steering Committee Representative of any desired future transaction restricted by paragraph (c) with either that Third Party or another Third Party.

 


 

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(h) The contractor acknowledges and agrees that this clause is a material requirement of the contract, and that its failure to follow any term of this clause entitles the Government to terminate the contract for default.
H-33
H-33 USE OF ENGLISH
The English language (written and spoken) shall be used in the conduct of all business between the Government and the Contractor. The English language shall be used in a manner which includes, but is not necessarily limited to, the preparation of all proposals, correspondence, meetings, reviews, briefings, telecommunications, plant visits, and deliverables.
Deliverable documentation and drawings may contain bilingual notes; however, any inconsistency between the English language and any other language used in such deliverables shall be resolved by giving precedence to the English language version. Non-deliverable documentation may be in the national language of the originator, unless called for under the accession list thus requiring that it shall be provided in English.
H-34
H-34 INCORPORATION OF REPRESENTATIONS AND CERTIFICATIONS BY REFERENCE (NOV 91) (5252.215-9210)
All representations and certifications and other written statements made by the contractor in response to section K of the solicitation or at the request of the contracting officer, incident to the award of the contract or modification of this contract, are hereby incorporated by reference with the same force and effect as if they were given in full text.
H-35
H-35 5252.219-9201 SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2003)
Pursuant to Public Law 95-507, the Contractor’s Subcontracting Plan for small business, HUBZone small business, small disadvantaged business, women-owned small business, veteran-owned small business, and service-disabled veteran-owned small business concerns is hereby approved and attached hereto as Attachment B and is made a part of this contract.
H-36
H-36 DELIVERY ORDER LIMITATIONS OF COST/FUNDS (DEC 1999) (APPLICABLE TO ALL COST TYPE CLINS)

 


 

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In accordance with the FAR Clause 52.232-20, “Limitation of Cost,” or 52.232-22 “Limitation of Funds,” the Government shall not be obligated to reimburse the Contractor for work performed, items delivered, or any costs incurred under orders issued under the resultant contract, except as authorized by the contracting officer.
The cost factors utilized in determining the estimated costs under any order placed hereunder shall be the applicable rates current at the time of issuance of the task or delivery order, not to exceed, however, any ceilings established by the terms of this contract.
If at any time 75% of either the estimated cost or estimated level of effort specified in the task or delivery order is reached and it appears that additional funds and/or level of effort is required to complete performance, the Contractor shall promptly notify the Ordering Officer in writing. Such notification shall include the cost and level of effort expended and that which will be required to complete performance. The Government shall have the right to modify the task or delivery order accordingly.
If the Contractor exceeds the estimated costs authorized by task or delivery order placed hereunder, the Government will be responsible only for reimbursement of the cost and payment of fee in an amount up to that established by the task or delivery order.
The total amount of all task or delivery orders issued shall not exceed the estimated costs and fixed fee or level of effort set forth in this contract.
H-37
H-37 EMPLOYMENT OF NAVY PERSONNEL RESTRICTED (DEC 1999)
In performing this contract, the Contractor will not use as a consultant or employ (on either a full or part-time basis) any active duty Navy personnel (civilian or military) without the prior approval of the Contracting Officer. Such approval may be given only in circumstances where it is clear that no law and no DOD or Navy instructions, regulations, or policies might possibly be contravened and no appearance of a conflict of interest will result.
H-38
H-38 DEFINITIONS
(a) Unless otherwise stated in this contract, the word “days” means “calendar days.”
(b) Unless otherwise stated in this contract, when used in conjunction with any military standard or military specification expressly set forth or incorporated by reference, the word “guidance” or “as a guide” shall mean that the contents of such specification or standard, while not mandatory, is nevertheless agreed by the parties to be an example, model, or criterion of accuracy indicative of good engineering design, manufacturing, and testing practices.

 


 

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H-39
H-39 WARRANTY (APPLICABLE TO CLINS 0009, 2009, 3009, 4009, 5009)
This warranty contains the following sections:
I. Scope
II. Definitions
III. Individual Warranty Coverage
IV. Systemic/Performance Warranty Coverage
V. Commercial Warranties
VI. Warranty Procedures/Remedies
VII. Other Rights and Remedies
VIII. Warranty Administration
IX. Warranty Status Reporting
X. Exclusions
XI. Presumption of Failure/Defect
XII. Contractor Obligations
XIII. Disputes
I. SCOPE
Contractor warrants that hardware items, firmware, and computer software furnished under this contract will conform to the design and manufacturing requirements, and specified performance requirements specifically delineated in the Contract and any supplementary agreements thereto.
II. DEFINITIONS
A.   Acceptance: The execution of an official document (DD Form 250) by an authorized representative of the Government.
 
B.   Cosmetic damage: Cosmetic damage includes faded or chipped paint, scratches, minor dents, nicks, or other damage resulting from normal and customary use that does not affect the operational use or maintenance of the item.
 
C.   Defect: A condition or characteristic that causes an item’s performance not to meet the specifications or other requirements of the contract, or when an item lacks something essential for completeness for its intended use. A defect does not necessarily affect performance.
 
D.   Design and Manufacturing Requirements: The structural and engineering plans and manufacturing particulars, including precise measurements, tolerances, materials and finished product tests for the items being procured under this contract.
 
E.   Failure: A breakdown or degradation of operation or function. Failures include items returned to the contractor’s facility that are identified as NEOF (RTOK, NFF and A-799).

 


 

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F.   Individual Coverage: Warranty coverage that requires the contractor to correct all failures for any reason (except for Out-of-warranty Items or Non-warranty Items) via individual warranty claim actions for each failure at no additional cost to the Government.
 
G.   Items: MIDS-LVT (1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11) Terminal Sets, LRUs, SRUs and ancillary items delivered under this contract, inclusive of all hardware, firmware, software (except GFE software).
 
H.   No Evidence of Failure: The term “No Evidence of Failure” or NEOF, as used herein, means a returned item that upon initial checkout by the contractor, successfully completes the performance verification testing as defined in the LRU or SRU Acceptance Test Plan (ATP). NEOF is the same as a Retest Okay (RTOK), No Fault Found (NFF), Can Not Duplicate (CND) or A-799.
 
I.   Non-warranty Items: Items that are not warranted, or are excluded under the exclusion clause of this contract.
 
J.   Out-of-warranty Items: Items for which the timeframe in calendar years exceeds the warranty.
 
K.   Repair: The elimination of a defect or correction of a failure. Correction of cosmetic damage is not required unless it effects the operation or maintenance of the item.
 
L.   Repetitive Failure: When at least 3 items delivered to the government over any six-month period of time have failed with the same root cause, the failures are considered repetitive.
 
M.   Retrofit Plan: A retrofit plan describes how the contractor will implement corrections to defects or systemic failures for all fielded items.
 
N.   Systemic/Performance Coverage: Warranty coverage that requires the contractor to correct the cause of repetitive failures or defects for all items. A retrofit plan for repetitive failures or defects is required.
 
O.   Terminal: Includes all of the SRUs and LRUs that make up a MIDS-LVT (1, 2, 3, 4, 5, 6, 7, and 11) ordered under Section B.
 
P.   Turn-Around Time, Contractor Issue: The Contractor Issue TAT (CITAT) clock begins upon receipt of a customer/user requisition at the contractor site, and ends upon delivery to the customer at either a Continental United States (CONUS) operational site, or a CONUS beach/field detachment for military forwarding to an Outside CONUS (OCONUS) site.
 
Q.   Turn-Around Time, Depot Repair: The contractor Depot Repair TAT clock begins upon receipt of a returned SRU or LRU at the contractor site, and ends when it is either placed into wholesale inventory or shipped to user.
 
R.   Warranty: Individual and Systemic/Performance Coverage.

 


 

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S.   Turn-Around Time, Warranty: Working days from the time an asset is inducted for repair until the item is certified ready for issue.
III. INDIVIDUAL WARRANTY COVERAGE
     Warranty for individual coverage begins upon acceptance (DD-250). Terminals, LRUs and SRUs are warranted for individual coverage for a period of four years from acceptance.
     Upon repair of an item, the warranty coverage remaining for that item shall be the time or timeframe not yet expended.
IV. SYSTEMIC/PERFORMANCE WARRANTY COVERAGE
     Warranty for systemic/performance coverage begins upon acceptance (DD250). Terminals are warranted for systemic/performance coverage for a period of four years from acceptance. Repetitive failures or defects are covered under systemic/performance coverage and require the contractor to implement the retrofit plan fix on all affected items at no additional cost to the Government.
V. COMMERCIAL WARRANTIES
     The contractor shall provide the Government with any commercial warranties received from his or her suppliers or subcontractors even if they extend beyond the warranty period.
VI. WARRANTY PROCEDURES/REMEDIES
     A. Individual Coverage:
The Government will return any item experiencing a failure to the contractor’s repair facility.
The contractor shall provide the materials and services necessary to repair or replace the item at no additional cost to the Government within the specified Turn-Around Time. All repaired items, or items identified as NEOF, shall successfully pass acceptance testing in accordance with appropriate LRU and SRU Acceptance Test Plans for the item prior to return.
If the contractor has any disagreement with the Government regarding a returned item, the contractor shall proceed with the repair/replacement of the item within the specified Turn-Around Time and may invoke his or her rights in accordance with the “Disputes” clause. If the contractor has reason to believe that returned items are not subject to the warranty provisions of this contract, the contractor shall notify the Government within 3 calendar days. Failure to do so will be deemed a waiver by the contractor of any and all remedies to which it otherwise would have been entitled to

 


 

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under the “Disputes” clause. Warranty repairs shall be complete with an average repair Turnaround time of 30 working days. No individual repair turn around time shall exceed 60 working days.
     B. Systemic/Performance Coverage:
The contractor shall provide and implement a retrofit plan that provides a detailed technical description of how repetitive failures or defect will be alleviated, and an explanation of how fielded units will be corrected. The contractor shall coordinate the implementation of the corrective action plan with the Government prior to beginning corrective action. Following such coordination, the contractor shall submit the retrofit plan to the Procuring Contracting Officer (PCO) and is liable for all costs associated with the corrective action, including the cost of preparing the plan and transportation costs to effect repair/replacement of items. The retrofit plan shall provide for the repair, replacement or retrofit of all delivered items under this contract.
VII. OTHER RIGHTS AND REMEDIES
  A.   The rights and remedies of the Government provided for in this warranty do not limit, but are in addition to, the rights the Government has under any other clause of this contract. The requirements of this warranty do not limit the Government’s rights under the inspection and acceptance provisions of the contract.
 
  B.   This warranty shall not be voided by any Government performed repair of any warranted item when accomplished in accordance with accepted Government maintenance concepts.
 
  C.   The Government shall not be responsible for any extension or delay in the scheduled deliveries or periods under this contract as a result of the contractor’s obligation to repair or replace defective or failed items. There shall not be any adjustments of the delivery schedule or periods of performance as a result of the repair or replacement of defective or failed items, unless provided for by the inclusion of a modification, with adequate consideration to the Government in this contract.
     The Government’s rights under this warranty shall survive final payment.
VIII. WARRANTY ADMINISTRATION
A. The contractor and Government will administer the warranty.
B. Disagreements on warranty issues shall be settled pursuant to the “Disputes” clause of the contract. The contractor shall repair/replace all returned items in accordance with the terms of this warranty while the dispute is being resolved.

 


 

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IX. WARRANTY STATUS REPORTING
          The contractor shall report on warranty status via the contractor database (CDRL A005)
X. EXCLUSIONS
A. The contractor shall prove to the satisfaction of the ACO by a preponderance of the evidence that an item returned for repair is excluded from warranty due to one of the following exclusions:
  (1)   Combat damage
 
  (2)   Damage or failures, that are beyond the control of and not attributable to the contractor, that are caused by:
  (a)   willful misconduct
 
  (b)   abuse
 
  (c)   improper user installation or application (e.g. improper cabling, rack mounting, power input or exposure to environmental conditions beyond specific capabilities)
 
  (d)   maintenance not executed in accordance with the Government maintenance concept
 
  (e)   negligence in transportation, with the exception of transportation covered under warranty paragraph XIIB, handling, or storage
 
  (f)   use by non-contractor personnel of shipping containers other than those specified per ASTM D3951-95 “Standard Practice for Commercial Packaging”, if use of such container resulted in damage
 
  (g)   catastrophic damage such as fire, flood or explosion
 
  (h)   act of God
B. If the contractor considers that a returned item is covered by one of the exclusions listed above, the contractor shall request the ACO to perform inspection of the items that the contractor considers subject to exclusion
If the ACO determines that the repair or replacement is excluded, repair or replacement of the items may be accomplished under a repair contract. All repaired items shall continue to be warranted for the remaining warranty period at no change in the contract price.
The failure of the ACO and the contractor to reach an agreement on exclusion shall be considered a Dispute within the meaning of the “Disputes” clause. The contractor shall proceed with the repair/replacement upon written direction of the ACO, even if a disagreement exists.

 


 

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C. With respect to Government Furnished Property (GFP), the contractor’s warranty shall extend only to the proper installation of the GFP, so as not to degrade the performance or reliability of the GFP. If the contractor performs some modification or other work on such property, then the contractor’s warranty shall extend to such modification or other work performed on the GFP.
XI. PRESUMPTION OF FAILURE/DEFECT
A. If the Contracting Officer issues a Final Decision pursuant to the “Disputes” clause of this contract finding that none of the exclusions identified in X of this clause was (were) the cause(s) of the defects or failures of any hardware items, firmware or computer software to perform in accordance with all terms and conditions of the contract during the period identified in section IV of this clause, and the Contractor subsequently files an appeal from that Final Decision with any court or board of contract appeals, on appeal the contractor shall have the burden of proving beyond a preponderance of the evidence that one or more of the exclusions identified in section X of this clause was (were) the cause(s) of the defects or failure of any hardware items, firmware or computer software to perform in accordance with all terms and conditions of the contract during the period identified in sections III and IV of this clause.
B. The contractor shall have this burden of proof regardless of which party may have possession, custody or control over any evidence (documentary or testimonial) which would tend to prove or disprove the existence of any of the exclusions identified in section X of this clause, and regardless of whether the matter is before the Contracting Officer, a court or a board of contract appeals.
C. The parties agree that unless the contractor can sustain this burden of proof, the warranty described in this clause shall be applicable to the hardware items, firmware and computer software delivered under this contract which failed or are defective. Likewise, where the Contracting Officer makes a determination under section IV of this clause that the failures were systemic, the contractor shall have the burden of proving to the satisfaction of the Contracting Officer, a court or a board of contract appeals, by a preponderance of the evidence, that the defects or failures were not systemic, regardless which party may have possession, custody or control over any evidence (documentary or testimonial) which would tend to prove or disprove that the defects or failures experienced were caused by systemic defects or failures.
D. If it is later determined by the Contracting Officer, a court or a board of contract appeals that one or more of the exclusions identified in section X of this clause was (were) the cause(s) of the failures or defects of any hardware items, firmware or computer software to perform in accordance with all terms and conditions of the contract during the period identified in sections III & IV of this clause, the contract price will be equitably adjusted.
XII. CONTRACTOR OBLIGATIONS

 


 

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  A.   Labeling or Plating
 
      The contractor shall provide contractor data markings for identification of each LRU and SRU in accordance with the requirements contained in Section D.
 
  B.   Transportation costs
 
      The contractor shall be responsible for the cost of transporting warranted items back to the Government designated point of delivery. Shipment shall be made by the most expedient means available. Preservation, packaging, packing and handling of repaired items shall be in accordance with the requirements contained in Section D.
XIII. DISPUTES
The rights and remedies of the Government provided in this warranty are in addition to, and do not limit, any right the Government may have under any other clause of this contract. Disputes arising under this warranty will be resolved in accordance with the Section I clause of this contract entitled “Disputes.”
H-40
H-40 REQUALIFICATION REQUIREMENTS
During production, the contractor shall apply the Configuration Management (CM) requirements of Attachment A of the contract and the contractor’s CM procedures. The Government reserves the right to require the Contractor to re-qualify his product if either of the following occur:
     (1) The Contractor has modified its product, or changed the material or its manufacturing processes such that, in the opinion of the Government, the validity of the previous qualification is questionable. Any expenses incurred by the Contractor associated with re-qualification in these instances (including but not limited to regressive testing) shall be borne by the Contractor.
     (2) It is otherwise necessary to determine that the quality of the product is maintained in conformance with the specification. Any costs incurred by the Contractor associated with re-qualification in this instance (including but not limited to regressive testing) shall be negotiated between the Government and the Contractor.
H-41
H-41 REQUIREMENTS FOR THE DELIVERY OF TERMINALS EXECUTING NSIO AND NCP SOFTWARE
Any terminals ordered with the description “with NSIO” are required to be delivered with CORE, NCP and NSIO software. Acceptance testing for these terminals shall verify the requirements in Attachment N.

 


 

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H-42
H-42 ASSOCIATE CONTRACTORS CLAUSE
The Contractor shall maintain a close liaison with the other MIDS production contractors (EuroMIDS and US contractors to be included after award of contracts), Government and Software Support Activities (SSAs) (BAE Systems and Robins AFB), on matters pertaining to the interface control, interoperability, and interchangeability through the Technical Working Group (TWG), Problem Review Board (PRB) and Interface Control Working Group (ICWG). Accordingly, the Contractor hereby agrees that:
  (a)   In performance of this contract, the Contractor shall participate with the other MIDS production contractors, Government, and SSAs in the TWG, PRB, and ICWG. The TWG shall be a forum, chaired by the Government, that provides the communication link between the MIDS production contractors, the Government, the SSAs, the MIDS International Program Office (IPO), national representatives, and senior technical and platform integrator representatives, for resolving interface and technical problems. The PRB shall be a forum, chaired by the Government, that addresses and monitors the status and disposition of problems and deficiencies. The ICWG shall be a forum for the MIDS production contractors, Government, and SSAs to discuss technical issues concerning Engineering Change Proposals (ECPs) to ensure that all parties agree on the exact technical wording of Specification change(s) prior to the MIDS production contractors submitting ECPs to the Government. The purpose of the ICWG is to develop, control, and coordinate changes to the MIDS Functional Baseline and Allocated Baseline documents prior to submission of an ECP and Companion ECPs to the Government. Incident to its participation in the TWG, PRB, and ICWG, the Contractor agrees to disclose to other MIDS Production and SSA contractors, after the execution of suitable proprietary information protection agreements, data and software requested by the TWG, PRB, or ICWG that are relevant and necessary to ensure a complete and successful agreement on the technical wording of potential FBL and ABL ECPs.
 
  (b)   In the event that the Contractor considers any direction, or other conduct by the TWG, PRB, and ICWG, or any member thereof, to constitute a change to this contract, it shall refrain from acting thereon, and shall so notify the Contracting Officer in accordance with the terms and conditions of the “Notification of Changes” clause of this contract.
 
  (c)   In addition to participating in the TWG, PRB, and ICWG, the Contractor shall establish associate contractor relationships, as described below, to ensure the successful completion of interface control documentation.
 
  (d)   All data and software to which limited/restricted rights apply that is furnished by the Contractor to other MIDS production contractors, the Government and SSAs

 


 

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      through the TWG, PRB, and ICWG shall bear the appropriate markings as delineated in DFARS 252.227-7013 and 252.227-7014. Except with the prior written permission of the Contractor, the Government shall not release, use, or disclose, in whole, or in part, such data or software for any purpose other than the performance of the interface requirements of this contract. This provision, however, shall not limit the rights of the Government in such data and software that are lawfully obtained from another source.
 
  (e)   Furthermore, the Contractor hereby agrees that it shall use data and software to which limited/restricted rights apply, whether provided by the Government, other MIDS production contractors, or SSAs through the TWG, PRB, or ICWG, solely for the purposes of fulfilling the TWG, PRB, and ICWG requirements detailed in this contract, and agrees to indemnify and hold the Government harmless against any claim asserted by any party arising out of the Contractor’s use of such data and software. This provision, however, shall not limit any right of the Contractor to use such data and software that is lawfully obtained from some other source.
 
  (f)   The Contractor shall be responsible for notifying the Government as to any information, including data and software, requested at the TWG, PRB, and ICWG that the Contractor believes to be of a limited/restricted rights nature.
 
  (g)   Nothing in this clause shall be construed as limiting the parties’ rights under the Rights in Technical Data and Computer Software clauses contained in this contract.
 
  (h)   While the Government will attempt to facilitate the exchange of information amongst the MIDS production contractors, Government, and SSAs, the Contractor is solely responsible for obtaining and providing all information necessary to successfully perform the requirements of this contract.
The Contractor shall enter into Associate Contractor Agreements with the awardees of all US and European MIDS Production contract(s), and any SSA(s). The Associate Contractor Agreement shall address, at a minimum, the requirements identified in this clause. The Procurement Contracting Officer will notify the Contractor of the names of the MIDS production contract awardees and contractor SSAs. Upon notification, the Contractor shall, within 30 calendar days, execute and deliver signed ACAs, that comply with all the requirements of this clause, with all the entities contained in the notification, to the Procurement Contracting Officer (PCO). Fulfillment of this requirement is a “material requirement” of this contract. Accordingly, the Contractor agrees that in the event that a copy of the required ACAs are not provided to the PCO within 30 calendar days after the PCO notification described above, the PCO shall have the right to reduce or suspend progress payments or performance based payments, as applicable, or terminate this contract for default. Any subsequent modifications to the ACAs shall be submitted to the PCO within 30 calendar days after execution. The Contractor shall ensure that the ACAs remain in effect through the period of performance of this contract, which includes the periods of performance for any and all options exercised.

 


 

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H-43
H-43 MIDS TECHNICAL DATA PACKAGE (APPLICABLE TO CLIN 1001 and 1002)
In the event that the contractor decides that it will no longer support/repair any items delivered to the Government under this contract or any other MIDS LVT contract awarded to the contractor, the contractor shall offer to the Government; (a) Technical Data Package (TDP) and (b) technical data and software rights in that TDP that are both sufficient for another company or the Government to make repairs (CDRL A006).
H-44
H-44 COMMUNICATIONS SECURITY (COMSEC) REQUIREMENTS FOR TERMINALS AND REPAIRS PROCURED FOR U.S. REQUIREMENTS
This clause only applies for MIDS-LVTs produced or repaired for U.S. requirements.
The Contractor shall ensure that all COMSEC portions of MIDS-LVTs are manufactured, integrated and delivered in the U.S. only by a U.S. contractor holding a U.S. COMSEC account. Once the COMSEC portion of the MIDS-LVTs are integrated, the MIDS-LVTs shall not leave the custody of that U.S. contractor prior to delivery.

 


 

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Section I — Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
         
52.202-1
  Definitions   JUL 2004
52.203-3
  Gratuities   APR 1984
52.203-5
  Covenant Against Contingent Fees   APR 1984
52.203-6
  Restrictions On Subcontractor Sales To The Government   SEP 2006
52.203-7
  Anti-Kickback Procedures   JUL 1995
52.203-8
  Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity   JAN 1997
52.203-10
  Price Or Fee Adjustment For Illegal Or Improper Activity   JAN 1997
52.203-12
  Limitation On Payments To Influence Certain Federal Transactions   SEP 2007
52.203-13
  Contractor Code of Business Ethics and Conduct   DEC 2008
52.204-2
  Security Requirements   AUG 1996
52.204-4
  Printed or Copied Double-Sided on Recycled Paper   AUG 2000
52.204-7
  Central Contractor Registration   APR 2008
52.204-9
  Personal Identity Verification of Contractor Personnel   SEP 2007
52.204-10
  Reporting Subcontract Awards   SEP 2007
52.209-6
  Protecting the Government’s Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment   SEP 2006
52.211-5
  Material Requirements   AUG 2000
52.211-15
  Defense Priority And Allocation Requirements   APR 2008
52.215-2
  Audit and Records—Negotiation   MAR 2009
52.215-8
  Order of Precedence—Uniform Contract Format   OCT 1997
52.215-10
  Price Reduction for Defective Cost or Pricing Data   OCT 1997
52.215-12
  Subcontractor Cost or Pricing Data   OCT 1997
52.215-14
  Integrity of Unit Prices   OCT 1997
52.215-15
  Pension Adjustments and Asset Reversions   OCT 2004
52.215-18
  Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions   JUL 2005
52.215-19
  Notification of Ownership Changes   OCT 1997
52.215-21
  Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data—Modifications   OCT 1997
52.216-7
  Allowable Cost And Payment   DEC 2002
52.216-8
  Fixed Fee   MAR 1997
52.216-11
  Cost Contract—No Fee   APR 1984
52.216-26
  Payments Of Allowable Costs Before Definitization   DEC 2002
52.219-4
  Notice of Price Evaluation Preference for HUBZone Small Business Concerns   JUL 2005
52.219-8
  Utilization of Small Business Concerns   MAY 2004
52.219-9
  Small Business Subcontracting Plan   APR 2008
52.219-16
  Liquidated Damages-Subcontracting Plan   JAN 1999
52.219-25
  Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting   APR 2008
52.219-28
  Post-Award Small Business Program Rerepresentation   APR 2009
52.222-19
  Child Labor — Cooperation with Authorities and Remedies   AUG 2009
52.222-20
  Walsh-Healey Public Contracts Act   DEC 1996
52.222-21
  Prohibition Of Segregated Facilities   FEB 1999
52.222-26
  Equal Opportunity   MAR 2007
52.222-29
  Notification Of Visa Denial   JUN 2003

 


 

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52.222-35
  Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans   SEP 2006
52.222-36
  Affirmative Action For Workers With Disabilities   JUN 1998
52.222-37
  Employment Reports On Special Disabled Veterans, Veterans Of The Vietnam Era, and Other Eligible Veterans   SEP 2006
52.222-39
  Notification of Employee Rights Concerning Payment of Union Dues or Fees   DEC 2004
52.222-50
  Combating Trafficking in Persons   FEB 2009
52.222-54
  Employment Eligibility Verification   JAN 2009
52.223-5
  Pollution Prevention and Right-to-Know Information   AUG 2003
52.223-6
  Drug-Free Workplace   MAY 2001
52.223-11
  Ozone-Depleting Substances   MAY 2001
52.223-14
  Toxic Chemical Release Reporting   AUG 2003
52.225-13
  Restrictions on Certain Foreign Purchases   JUN 2008
52.227-1
  Authorization and Consent   DEC 2007
52.227-2
  Notice And Assistance Regarding Patent And Copyright Infringement   DEC 2007
52.227-3
  Patent Indemnity   APR 1984
52.227-10
  Filing Of Patent Applications—Classified Subject Matter   DEC 2007
52.228-5
  Insurance — Work On A Government Installation   JAN 1997
52.228-7
  Insurance—Liability To Third Persons   MAR 1996
52.229-3
  Federal, State And Local Taxes   APR 2003
52.229-6
  Taxes—Foreign Fixed-Price Contracts   JUN 2003
52.230-2
  Cost Accounting Standards   OCT 2008
52.230-6
  Administration of Cost Accounting Standards   MAR 2008
52.232-1
  Payments   APR 1984
52.232-8
  Discounts For Prompt Payment   FEB 2002
52.232-9
  Limitation On Withholding Of Payments   APR 1984
52.232-11
  Extras   APR 1984
52.232-16
  Progress Payments   JUL 2009
52.232-16 Alt III
  Progress Payments (Jul 2009) — Alternate III   APR 2003
52.232-17
  Interest   OCT 2008
52.232-20
  Limitation Of Cost   APR 1984
52.232-22
  Limitation Of Funds   APR 1984
52.232-25
  Prompt Payment   OCT 2008
52.232-25 Alt I
  Prompt Payment (Oct 2008) Alternate I   FEB 2002
52.232-33
  Payment by Electronic Funds Transfer—Central Contractor Registration   OCT 2003
52.233-1
  Disputes   JUL 2002
52.233-1 Alt I
  Disputes (Jul 2002) - Alternate I   DEC 1991
52.233-3
  Protest After Award   AUG 1996
52.233-3 Alt I
  Protest After Award (Aug 1996) - Alternate I   JUN 1985
52.233-4
  Applicable Law for Breach of Contract Claim   OCT 2004
52.237-2
  Protection Of Government Buildings, Equipment, And Vegetation   APR 1984
52.237-3
  Continuity Of Services   JAN 1991
52.239-1
  Privacy or Security Safeguards   AUG 1996
52.242-1
  Notice of Intent to Disallow Costs   APR 1984
52.242-3
  Penalties for Unallowable Costs   MAY 2001
52.242-4
  Certification of Final Indirect Costs   JAN 1997
52.242-13
  Bankruptcy   JUL 1995
52.243-1
  Changes—Fixed Price   AUG 1987
52.243-1 Alt I
  Changes—Fixed Price (Aug 1987) - Alternate I   APR 1984
52.243-1 Alt II
  Changes—Fixed-Price (Aug 1987) - Alternate II   APR 1984
52.243-2
  Changes—Cost-Reimbursement   AUG 1987

 


 

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52.243-2 Alt I
  Changes—Cost-Reimbursement (Aug 1987) - Alternate I   APR 1984
52.243-2 Alt II
  Changes—Cost Reimbursement (Aug 1987) - Alternate II   APR 1984
52.243-6
  Change Order Accounting   APR 1984
52.244-2
  Subcontracts   JUN 2007
52.244-5
  Competition In Subcontracting   DEC 1996
52.244-6
  Subcontracts for Commercial Items   AUG 2009
52.245-1
  Government Property   JUN 2007
52.245-1 Alt I
  Government Property (Jun 2007) Alternate I   JUN 2007
52.245-9
  Use And Charges   JUN 2007
52.246-24
  Limitation Of Liability—High-Value Items   FEB 1997
52.246-25
  Limitation Of Liability—Services   FEB 1997
52.247-63
  Preference For U.S. Flag Air Carriers   JUN 2003
52.248-1
  Value Engineering   FEB 2000
52.249-2
  Termination For Convenience Of The Government (Fixed-Price)   MAY 2004
52.249-6
  Termination (Cost Reimbursement)   MAY 2004
52.249-8
  Default (Fixed-Price Supply & Service)   APR 1984
52.249-14
  Excusable Delays   APR 1984
52.253-1
  Computer Generated Forms   JAN 1991
252.201-7000
  Contracting Officer’s Representative   DEC 1991
252.203-7001
  Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies   DEC 2008
252.203-7002
  Requirement to Inform Employees of Whistleblower Rights   JAN 2009
252.204-7000
  Disclosure Of Information   DEC 1991
252.204-7002
  Payment For Subline Items Not Separately Priced   DEC 1991
252.204-7003
  Control Of Government Personnel Work Product   APR 1992
252.204-7004 Alt A
  Central Contractor Registration (52.204-7) Alternate A   SEP 2007
252.204-7005
  Oral Attestation of Security Responsibilities   NOV 2001
252.204-7008
  Requirements for Contracts Involving Export-Controlled Items   JUL 2008
252.205-7000
  Provision Of Information To Cooperative Agreement Holders   DEC 1991
252.209-7004
  Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country   DEC 2006
252.211-7000
  Acquisition Streamlining   DEC 1991
252.211-7005
  Substitutions for Military or Federal Specifications and Standards   NOV 2005
252.211-7006
  Radio Frequency Identification   FEB 2007
252.211-7007
  Reporting of Government-Furnished Equipment in the DoD Item Unique Identification (IUID) Registry   NOV 2008
252.215-7000
  Pricing Adjustments   DEC 1991
252.215-7002
  Cost Estimating System Requirements   DEC 2006
252.215-7004
  Excessive Pass-Through Charges   MAY 2008
252.219-7003
  Small Business Subcontracting Plan (DOD Contracts)   APR 2007
252.222-7002
  Compliance With Local Labor Laws (Overseas)   JUN 1997
252.223-7004
  Drug Free Work Force   SEP 1988
252.223-7006
  Prohibition On Storage And Disposal Of Toxic And Hazardous Materials   APR 1993
252.225-7001
  Buy American Act And Balance Of Payments Program   JAN 2009
252.225-7002
  Qualifying Country Sources As Subcontractors   APR 2003
252.225-7004
  Report of Contract Performance Outside the United States and Canada—Submission after Award   MAY 2007
252.225-7005
  Identification Of Expenditures In The United States   JUN 2005
252.225-7006
  Quarterly Reporting of Actual Contract Performance Outside the United States   MAY 2007
252.225-7008
  Restriction on Acquisition of Speciality Metals   JUL 2009

 


 

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252.225-7009
  Restriction on Acquisition of Certain Articles Containing Speciality Metals   JUL 2009
252.225-7012
  Preference For Certain Domestic Commodities   DEC 2008
252.225-7013
  Duty-Free Entry   OCT 2006
252.225-7016
  Restriction On Acquisition Of Ball and Roller Bearings   MAR 2006
252.225-7021
  Trade Agreements   JUL 2009
252.225-7027
  Restrictions on Contingent Fees for Foreign Military Sales   APR 2003
252.225-7028
  Exclusionary Policies And Practices Of Foreign Government   APR 2003
252.225-7033
  Waiver of United Kingdom Levies   APR 2003
252.225-7041
  Correspondence in English   JUN 1997
252.225-7043
  Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States   MAR 2006
252.226-7001
  Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns   SEP 2004
252.227-7000
  Non-estoppel   OCT 1966
252.227-7001
  Release Of Past Infringement   AUG 1984
252.227-7002
  Readjustment Of Payments   OCT 1966
252.227-7013
  Rights in Technical Data—Noncommercial Items   NOV 1995
252.227-7014
  Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation   JUN 1995
252.227-7016
  Rights in Bid or Proposal Information   JUN 1995
252.227-7019
  Validation of Asserted Restrictions—Computer Software   JUN 1995
252.227-7025
  Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends   JUN 1995
252.227-7027
  Deferred Ordering Of Technical Data Or Computer Software   APR 1988
252.227-7030
  Technical Data—Withholding Of Payment   MAR 2000
252.227-7037
  Validation of Restrictive Markings on Technical Data   SEP 1999
252.228-7006
  Compliance With Spanish Laws and Insurance   DEC 1998
252.229-7002
  Customs Exemptions (Germany)   JUN 1997
252.229-7003
  Tax Exemptions (Italy)   JAN 2002
252.229-7005
  Tax Exemptions (Spain)   JUN 1997
252.231-7000
  Supplemental Cost Principles   DEC 1991
252.232-7002
  Progress Payments For Foreign Military Sales Acquisitions   DEC 1991
252.232-7003
  Electronic Submission of Payment Requests and Receiving Reports   MAR 2008
252.232-7004
  DOD Progress Payment Rates   OCT 2001
252.232-7008
  Assignment of Claims (Overseas)   JUN 1997
252.232-7010
  Levies on Contract Payments   DEC 2006
252.233-7001
  Choice of Law (Overseas)   JUN 1997
252.234-7002
  Earned Value Management System   APR 2008
252.235-7003
  Frequency Authorization   DEC 1991
252.239-7001
  Information Assurance Contractor Training and Certification   JAN 2008
252.242-7004
  Material Management And Accounting System   JUL 2009
252.243-7001
  Pricing Of Contract Modifications   DEC 1991
252.243-7002
  Requests for Equitable Adjustment   MAR 1998
252.244-7000
  Subcontracts for Commercial Items and Commercial Components (DoD Contracts)   AUG 2009
252.246-7000
  Material Inspection And Receiving Report   MAR 2008
252.246-7001
  Warranty Of Data   DEC 1991
252.247-7024
  Notification Of Transportation Of Supplies By Sea   MAR 2000
252.249-7002
  Notification of Anticipated Program Termination or Reduction   DEC 2006

 


 

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I-1
I-1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 98)
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): “ http://farsite/hill.af.mil /”.
I-2
I-2 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order . When the Government requires supplies or services covered by this contract in an amount of less than the minimums stated per CLIN (excluding unexercised option CLINS) in clause H.2 Indefinite Quantity the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order . The Contractor is not obligated to honor—
  (1)   Any order for a single item in excess of the quantity ceiling for that CLIN.
 
  (2)   Any order for a combination of items in excess of the contractor’s delivery rate required in Clause F-2
 
      or
 
  (3)   A series of orders from the same ordering office that together call for quantities exceeding the limitation in subparagraph (1) or (2) of this section.
(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) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, 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 seven (7) 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.


 

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I-3
I-3 FAR 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 12 months following the expiration of the final ordering period.
I-4
I-4 FAR 52.234-1 INDUSTRIAL RESOURCES DEVELOPED UNDER DEFENSE PRODUCTION ACT TITLE III (DEC 1994)
(a) Definitions .
“Title III industrial resource” means materials, services, processes, or manufacturing equipment (including the processes, technologies, and ancillary services for the use of such equipment) established or maintained under the authority of Title III, Defense Production Act (50 U.S.C. App. 2091-2093).
“Title III project contractor” means a contractor that has received assistance for the development or manufacture of an industrial resource under 50 U.S.C. App. 2091-2093, Defense Production Act.
(b) The Contractor shall refer any request from a Title III project contractor for testing and qualification of a Title III industrial resource to the Contracting Officer.
(c) Upon the direction of the Contracting Officer, the Contractor shall test Title III industrial resources for qualification. The Contractor shall provide the test results to the Defense Production Act Office, Title III Program, located at Wright-Patterson Air Force Base, Ohio 45433-7739.
(d) When the Contracting Officer modifies the contract to direct testing pursuant to this clause, the Government will provide the Title III industrial resource to be tested and will make an equitable


 

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adjustment in the contract for the costs of testing and qualification of the Title III industrial resource.
(e) The Contractor agrees to insert the substance of this clause, including paragraph (e), in every subcontract issued in performance of this contract.
I-5
I-5 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)
(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).
(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.
     
Material    
(If none, insert “None”)   Identification No.
None
   
(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.
(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.
(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.


 

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(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.
(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.
(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:
(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to —
(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;
(ii) Obtain medical treatment for those affected by the material; and
(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.
(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.
(3) The Government is not precluded from using similar or identical data acquired from other sources.
* To be completed by offeror.
I-6
I-6 252.223-7001 HAZARD WARNING LABELS (DEC 1991)
(a) “Hazardous material,” as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract.
(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labeling requirements of one of the following statutes:
  (1)   Federal Insecticide, Fungicide and Rodenticide Act;
 
  (2)   Federal Food, Drug and Cosmetics Act;
 
  (3)   Consumer Product Safety Act;
 
  (4)   Federal Hazardous Substances Act; or


 

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  (5)   Federal Alcohol Administration Act.
(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labeled in accordance with one of the Acts in paragraphs (b)(1) through (5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.
     
MATERIAL (If None, Insert “None.”)   ACT
None
   
 
(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract.
(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract).
* To be completed by offeror.
I-7
I-7 252.235-7010 ACKNOWLEDGEMENT OF SUPPORT AND DISCLAIMER (MAY 1995)
(a) The Contractor shall include an acknowledgment of the Government’s support in the publication of any material based on or developed under this contract, stated in the following terms: This material is based upon work supported by the Space and Naval Warfare Systems Command (SPAWAR) and the Joint Program Executive Office for the Joint Tactical Radio System (JPEO JTRS) under Contract No. N00039-10-D-0032.
(b) All material, except scientific articles or papers published in scientific journals, must, in addition to any notices or disclaimers by the Contractor, also contain the following disclaimer: Any opinions, findings and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of SPAWAR or JPEO JTRS.
I-8
I-8 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (MAY 2002)
(a) Definitions. As used in this clause—


 

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          (1) “Components” means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.
(2) “Department of Defense” (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.
(3) “Foreign flag vessel” means any vessel that is not a U.S.-flag vessel.
(4) “Ocean transportation” means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.
(5) “Subcontractor” means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.
(6) “Supplies” means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.
(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.
(ii) “Supplies” includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.
(7) “U.S.-flag vessel” means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.
(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.
(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if—
(i) This contract is a construction contract; or
(ii) The supplies being transported are—
(A) Noncommercial items; or
(B) Commercial items that—


 

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(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);
(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or
(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.
(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that—
(1) U.S.-flag vessels are not available for timely shipment;
(2) The freight charges are inordinately excessive or unreasonable; or
(3) Freight charges are higher than charges to private persons for transportation of like goods.
(d) The Contractor must submit any request for use of other than U.S.-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer’s failure to grant approvals to meet the shipper’s sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum—
(1) Type, weight, and cube of cargo;
(2) Required shipping date;
(3) Special handling and discharge requirements;
(4) Loading and discharge points;
(5) Name of shipper and consignee;
(6) Prime contract number; and
(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.
(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S.


 

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Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier’s ocean bill of lading, which shall contain the following information:
(1) Prime contract number;
(2) Name of vessel;
(3) Vessel flag of registry;
(4) Date of loading;
(5) Port of loading;
(6) Port of final discharge;
(7) Description of commodity;
(8) Gross weight in pounds and cubic feet if available;
(9) Total ocean freight in U.S. dollars; and
(10) Name of steamship company.
(f) The Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief—
(1) No ocean transportation was used in the performance of this contract;
(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;
(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all non-U.S.-flag ocean transportation; or
(4) Ocean transportation was used and some or all of the shipments were made on non-U.S.-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:
             
    ITEM   CONTRACT LINE    
    DESCRIPTION   ITEMS   QUANTITY
TOTAL
           
(g) If the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of non-U.S.-flag vessels in


 

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the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.
(h) In the award of subcontracts for the types of supplies described in paragraph (b)(2) of this clause, the Contractor shall flow down the requirements of this clause as follows:
(1) The Contractor shall insert the substance of this clause, including this paragraph (h), in subcontracts that exceed the simplified acquisition threshold in Part 2 of the Federal Acquisition Regulation.
(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (h), in subcontracts that are at or below the simplified acquisition threshold in Part 2 of the Federal Acquisition Regulation.
I-9
I-9 52.216-10 INCENTIVE FEE (MAR 1997) (APPLICABLE TO ALL COST PLUS INCENTIVE FEE CLINS)
(a) General . The Government shall pay the Contractor for performing this contract a fee determined as provided in this contract.
(b) Target cost and target fee . The target cost and target fee specified in the Schedule are subject to adjustment if the contract is modified in accordance with paragraph (d) of this clause.
(1) “Target cost,” as used in this contract, means the estimated cost of this contract as initially negotiated, adjusted in accordance with paragraph (d) below.
(2) “Target fee,” as used in this contract, means the fee initially negotiated on the assumption that this contract would be performed for a cost equal to the estimated cost initially negotiated, adjusted in accordance with paragraph (d) of this clause.
(c) Withholding of payment . Normally, the Government shall pay the fee to the Contractor as specified in the Schedule. However, when the Contracting Officer considers that performance or cost indicates that the Contractor will not achieve target, the Government shall pay on the basis of an appropriate lesser fee. When the Contractor demonstrates that performance or cost clearly indicates that the Contractor will earn a fee significantly above the target fee, the Government may, at the sole discretion of the Contracting Officer, pay on the basis of an appropriate higher fee. After payment of 85 percent of the applicable fee, the Contracting Officer may withhold further payment of fee until a reserve is set aside in an amount that the Contracting Officer considers necessary to protect the Government’s interest. This reserve shall not exceed 15 percent of the applicable fee or $100,000, whichever is less. The Contracting Officer shall release 75 percent of all fee withholds under this contract after receipt of the certified final indirect cost rate proposal covering the year of physical completion of this contract, provided the Contractor has satisfied all other contract terms and conditions, including the submission of the final patent and royalty reports, and is not delinquent in submitting final vouchers on prior years’ settlements. The Contracting Officer may release up to 90 percent of the fee withholds under this


 

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contract based on the Contractor’s past performance related to the submission and settlement of final indirect cost rate proposals.
(d) Equitable adjustments . When the work under this contract is increased or decreased by a modification to this contract or when any equitable adjustment in the target cost is authorized under any other clause, equitable adjustments in the target cost, target fee, minimum fee, and maximum fee, as appropriate, shall be stated in a supplemental agreement to this contract.
(e) Fee payable .
(1) The fee payable under this contract shall be the target fee increased by ___*___ [Contracting Officer insert Contractor’s participation] cents for every dollar that the total allowable cost is less than the target cost or decreased by ___*___ [Contracting Officer insert Contractor’s participation] cents for every dollar that the total allowable cost exceeds the target cost. In no event shall the fee be greater than ___*___ [Contracting Officer insert percentage] percent or less than ___*___ [Contracting Officer insert percentage] percent of the target cost.
(2) The fee shall be subject to adjustment, to the extent provided in paragraph (d) of this clause, and within the minimum and maximum fee limitations in paragraph (e)(1) of this clause, when the total allowable cost is increased or decreased as a consequence of —
(i) Payments made under assignments; or
(ii) Claims excepted from the release as required by paragraph (h)(2) of the Allowable Cost and Payment clause.
(3) If this contract is terminated in its entirety, the portion of the target fee payable shall not be subject to an increase or decrease as provided in this paragraph. The termination shall be accomplished in accordance with other applicable clauses of this contract.
(4) For the purpose of fee adjustment, “total allowable cost” shall not include allowable costs arising out of —
(i) Any of the causes covered by the Excusable Delays clause to the extent that they are beyond the control and without the fault or negligence of the Contractor or any subcontractor;
(ii) The taking effect, after negotiating the target cost, of a statute, court decision, written ruling, or regulation that results in the Contractor’s being required to pay or bear the burden of any tax or duty or rate increase in a tax or duty;
(iii) Any direct cost attributed to the Contractor’s involvement in litigation as required by the Contracting Officer pursuant to a clause of this contract, including furnishing evidence and information requested pursuant to the Notice and Assistance Regarding Patent and Copyright Infringement clause;
(iv) The purchase and maintenance of additional insurance not in the target cost and required by the Contracting Officer, or claims for reimbursement for


 

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liabilities to third persons pursuant to the Insurance Liability to Third Persons clause;
(v) Any claim, loss, or damage resulting from a risk for which the Contractor has been relieved of liability by the Government Property clause; or
(vi) Any claim, loss, or damage resulting from a risk defined in the contract as unusually hazardous or as a nuclear risk and against which the Government has expressly agreed to indemnify the Contractor.
(5) All other allowable costs are included in “total allowable cost” for fee adjustment in accordance with this paragraph (e), unless otherwise specifically provided in this contract.
(f) Contract modification . The total allowable cost and the adjusted fee determined as provided in this clause shall be evidenced by a modification to this contract signed by the Contractor and Contracting Officer.
(g) Inconsistencies . In the event of any language inconsistencies between this clause and provisioning documents or Government options under this contract, compensation for spare parts or other supplies and services ordered under such documents shall be determined in accordance with this clause.
 
*   To be completed in individual delivery or task orders if and when a cost plus incentive fee CLIN is ordered.
I-10
I-10 52.216-18 ORDERING (OCT 95)
(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 from See Clause F-1 through See Clause F-1 .
(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.
I-11
I-11 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 90) (APPLICABLE TO ALL COST REIMBURSEMENT CLINS)


 

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(a) The use of overtime is authorized under this contract if the overtime premium does not exceed zero or the overtime premium is paid for work —
(1) Necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature;
(2) By indirect-labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting;
(3) To perform tests, industrial processes, laboratory procedures, loading or unloading of transportation conveyances, and operations in flight or afloat that are continuous in nature and cannot reasonably be interrupted or completed otherwise; or
(4) That will result in lower overall costs to the Government.
(b) Any request for estimated overtime premiums that exceeds the amount specified above shall include all estimated overtime for contract completion and shall —
(1) Identify the work unit; e.g., department or section in which the requested overtime will be used, together with present workload, staffing, and other data of the affected unit sufficient to permit the Contracting Officer to evaluate the necessity for the overtime;
(2) Demonstrate the effect that denial of the request will have on the contract delivery or performance schedule;
(3) Identify the extent to which approval of overtime would affect the performance or payments in connection with other Government contracts, together with identification of each affected contract; and
(4) Provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel.
I-12
I-12 DISPUTES CLAUSE
Paragraph (d)(1) of 52.233-1 Disputes (Jul 02), which is incorporated by reference in Section I, is hereby modified to require that a claim by the Contractor shall be submitted within 180 days after accrual of the claim.
I-13
I-13 52.243-7 NOTIFICATION OF CHANGES (APR 84)
(a) Definitions. “Contracting Officer,” as used in this clause, does not include any representative of the Contracting Officer.


 

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“Specifically Authorized Representative (SAR),” as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this subparagraph and shall be issued to the designated representative before the SAR exercises such authority.
(b) Notice . The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing promptly, within 15 calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate information available to the Contractor, the notice shall state —
(1) The date, nature, and circumstances of the conduct regarded as a change;
(2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct;
(3) The identification of any documents and the substance of any oral communication involved in such conduct;
(4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;
(5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including —
(i) What contract line items have been or may be affected by the alleged change;
(ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change;
(iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change;
(iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and
(6) The Contractor’s estimate of the time by which the Government must respond to the Contractor’s notice to minimize cost, delay or disruption of performance.
(c) Continued performance . Following submission of the notice required by paragraph (b) of this clause, the Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance; provided, however, that if the Contractor regards the direction or communication as a change as


 

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described in paragraph (b) of this clause, notice shall be given in the manner provided. All directions, communications, interpretations, orders and similar actions of the SAR shall be reduced to writing promptly and copies furnished to the Contractor and to the Contracting Officer. The Contracting Officer shall promptly countermand any action which exceeds the authority of the SAR.
(d) Government response . The Contracting Officer shall promptly, within 30 calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer shall either —
(1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance;
(2) Countermand any communication regarded as a change;
(3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or
(4) In the event the Contractor’s notice information is inadequate to make a decision under subparagraphs (d)(1), (2), or (3) of this clause, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.
(e) Equitable adjustments.
(1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the Contractor’s cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall be made —
(i) In the contract price or delivery schedule or both; and
(ii) In such other provisions of the contract as may be affected.
(2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay resulting from the Contractor’s failure to provide notice or to continue performance as provided, respectively, in paragraphs (b) and (c) of this clause.
NOTE: The phrases “contract price” and “cost” wherever they appear in the clause, may be appropriately modified to apply to cost-reimbursement or incentive contracts, or to combinations thereof.


 

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I-14
I-14 52.229-8 TAXES — FOREIGN COST-REIMBURSEMENT CONTRACTS (MAR 90)
(a) Any tax or duty from which the United States Government is exempt by agreement with the Government of France, Italy, Germany, or Spain, or from which the Contractor or any subcontractor under this contract is exempt under the laws of France, Italy, Germany, or Spain, shall not constitute an allowable cost under this contract.
(b) If the Contractor or subcontractor under this contract obtains a foreign tax credit that reduces its Federal income tax liability under the United States Internal Revenue Code (Title 26, U.S. Code) because of the payment of any tax or duty that was reimbursed under this contract, the amount of the reduction shall be paid or credited at the time of such offset to the Government of the United States as the Contracting Officer directs.


 

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Section J — List of Documents, Exhibits and Other Attachments
SECTION J
SECTION J-LIST OF ATTACHMENTS & EXHIBITS
     
ATTACHMENT “A”
  Statement of Work (SOW) for MIDS LVT Production
ATTACHMENT “B”
  Small Business Subcontracting Plan *
ATTACHMENT “C”
  RESERVED
ATTACHMENT “D”
  RESERVED
ATTACHMENT “E”
  RESERVED
ATTACHMENT “F”
  Index and Data Lists
ATTACHMENT “G”
  RESERVED
ATTACHMENT “H”
  DD Form 254, Contract Security Classification Specification
ATTACHMENT “I”
  Acceptance Test Requirements Matrix for MIDS LVT (1)
ATTACHMENT “J”
  Acceptance Test Requirements Matrix for MIDS LVT (2)/(11)
ATTACHMENT “K”
  Acceptance Test Requirements Matrix for MIDS LVT (3)
ATTACHMENT “L”
  RESERVED
ATTACHMENT “M”
  RESERVED
ATTACHMENT “N”
  Acceptance Test Requirements Matrix for Terminals Executing NSIO and NCP Software
EXHIBIT “A”
  MIDS LVT CDRLs
 
*   The small business subcontracting plan submitted with ViaSat Proposal Number 091129.A of 21 December 2009 is hereby incorporated into the contract by reference.


 

Attachment A
STATEMENT OF WORK
For the
Multifunctional Information Distribution System (MIDS)
Low Volume Terminal (LVT)
Production
Rev 17, 5 November 2009
Contents:
Cover    1 page
Text       14 pages

1


 

STATEMENT OF WORK (SOW)
For

MULTIFUNCTIONAL INFORMATION DISTRIBUTION SYSTEM (MIDS)
LOW VOLUME TERMINAL (LVT)
PRODUCTION
1. Scope. This Statement of Work (SOW) defines the contractor tasks required for the production and delivery of the MIDS LVTs.
2. Reference Documents. The following documents of the latest issue at time of the release of the Request for Proposal (RFP) form a part of this SOW to the extent specified herein.
2.1 Military Specifications. None.
2.2 Military Handbooks and Standards.
MIL-HDBK-61A, “Configuration Management Guidance”
MIL-STD-196E, “Joint Electronics Type Designation System”
DoD 4650.1-R1, “Link 16 Electromagnetic Compatibility (EMC) Features Certification Process and Requirements
2.3 Industry Standards
ANSI/EIA-649, “Configuration Management”
IEEE/EIA 12207, “Software Life Cycle Processes”
2.4 Other Publications .
FED-STD-313D, “Federal Standard Material Safety Data, Transportation Data and Disposal Data for Hazardous Materials Furnished to Government Activities”
ISO 9001, “Quality Systems — Model for Quality Assurance in Design, Development, Production, Installation and Servicing”
ISO 90003, “Software Standard”
PLAN-M-00002, “Configuration and Data Management Plan for the Multifunctional Information Distribution System Low Volume Terminal (MIDS-LVT)”

2


 

3. Requirements .
3.1 MIDS LVT Production. The contractor shall build, test and deliver Radio Terminal Sets, Line Replaceable Units (LRU), Shop Replaceable Unit (SRU) spares, and ancillary equipment in accordance with Attachment F. The contractor shall incorporate changes and fixes in accordance with the Configuration Management (CM) requirement of this SOW. LVT terminals delivered shall execute the latest version of the MIDS LVT GFE Computer Software Configuration Items (CSCIs) provided as executable code by the Government (ref. Contract Clause H-26).
3.2 Acceptance Tests . MIDS LVT terminals and spares shall pass acceptance testing prior to delivery. The contractor shall conduct all terminal, LRU, and SRU acceptance tests using the Government approved acceptance procedures.
3.2.1 Terminal Acceptance Tests. Attachments I, J, K and N contain the configuration dependant MIDS LVT Acceptance Test Requirements to be verified during Terminal Acceptance Testing. The contractor shall develop and submit the Terminal Acceptance Test Procedures (CDRL Exhibit A001) for Government approval prior to terminal acceptance testing. The contractor shall conduct acceptance tests in accordance with the Government approved procedures. (CDRL Exhibit A001).
3.2.2 LRU Acceptance Tests. The Contractor shall develop and submit LRU acceptance test procedures (CDRL Exhibit A002) for Government approval prior to LRU acceptance testing. The contractor shall conduct LRU acceptance tests in accordance with the Government approved procedures.
3.2.3 SRU Acceptance Tests . The Contractor shall develop and submit SRU acceptance test procedures (CDRL Exhibit A002) for Government approval prior to SRU acceptance testing. The contractor shall conduct SRU acceptance tests in accordance with the Government approved procedures
3.3 Electromagnetic Compatibility Features Periodic Verification . As part of the contractor’s overall acceptance test program and before delivery of each MIDS terminal, the Contractor shall perform the necessary actions to ensure verification of the terminal’s EMC features, in accordance with DoD 4650.1-R1. The contractor shall measure and record:
a. The actual values of the threshold setting of the Low Level Detector (LLD)
b. The actual value of the peak terminal output power in the three power modes
c. A full band spectrum plot
d. The individual pulse spectra at  [***] 
The Contractor shall record the measured data, items (a) through (d), as part of the terminal Acceptance Performance Test Log.
 
*   Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.

3


 

3.3.1 Spare Exciter/IPF SRU Electromagnetic Compatibility Features Periodic Verification. As part of the contractor’s overall acceptance test program and before delivery of each Exciter/IPF spare SRU, the Contractor shall perform the necessary actions to ensure verification of the SRU’s EMC features. The contractor shall measure and record:
a. The actual values of the threshold setting of the LLD
b. The actual value of the Built-In-Test (BIT) LLD threshold test signal
The Contractor shall record the measured data, items (a) and (b), as part of the SRU’s Acceptance Performance Test Log.
3.4 Program Management
3.4.1 Program Manager. The contractor shall designate a single program manager who shall have overall responsibility for control and coordination of all work performed. This manager shall act as the single focal point within the contractor’s activity for all required program status information.
3.4.2 Program Planning and Control. The contractor shall identify, plan, organize, direct, coordinate, and control activities necessary to accomplish the overall contract requirements. The contractor shall establish a formal organization responsible for accomplishing the tasks outlined in this SOW. The contractor shall ensure that all plans and procedures required by the contract and the CDRLs approved by the Government, are adhered to by the contractor. A clear line of project authority shall exist between all organizational elements and the program manager.
3.4.3 Program Management Reviews. The contractor shall present and administratively support Program Management Reviews (PMR). Program Management Reviews (PMR) shall be held once every six months. All PMRs shall be held at a contractor’s facility. The contractor shall develop agendas and minutes for PMRs. The Government will have the right to modify or add items to the PMR agenda. At the PMRs, the contractor shall report detailed program status, including technical performance, program risks, logistics and production metrics.
3.4.4 Reserved
3.4.5 Reserved
3.4.6 Risk Assessment and Management The contractor shall conduct a process oriented technical risk management program utilizing the Navy’s Program Managers WorkStation (PMWS) tool TRIMS (Technical Risk Identification & Mitigation System). The contractor shall support once a year TRIMS site survey by the Government, as part of its overall risk management process. The contractor shall provide the Government at PMRs analysis of the potential effects on cost and schedule and proposed mitigation plans of all red and yellow (high and medium risk, respectively) TRIMS templates.

4


 

3.4.7 Production Metrics. The contractor shall collect on a monthly basis production metrics. (CDRL A003)
3.5 Hazardous Materials. Any hazardous material as defined in FED-STD-313D that may be used in, supplied with, or required in support of the supplied products or services shall be approved by the Government. Prior to approval, the Contractor shall provide a Hazardous Material Summary Report to the Government. This report shall identify all hazardous material and include justification for its use. Additionally, it shall include the necessity for the type, container size and quantity of hazardous material (or material that results in hazardous waste) together with a listing of less hazardous potential substitutes that were considered and the reasons why these substitutes cannot be used. Order of precedence for acceptance shall be:
a.   Non-hazardous material
b.   Recyclable material
c.   Material that results in hazardous waste that can be treated to reduce that waste to a non-hazardous state as listed in contract sections D and I.
The contractor shall submit a Hazardous Material Summary Report (CDRL Exhibit A004) to the Government for review and approval. The submittal shall include a Material Safety Data Sheet (MSDS) (OSHA form 174) for all material listed in the report, other than those sheets submitted prior to contract award as required by FAR Clause 52.223-3 and as listed in contract section D and I.
3.6 Quality Assurance
3.6.1 Quality Assurance Program. The contractor shall implement a QA program in accordance with ISO 9001 and ISO 90003. The contractor shall apply the quality standards and specifications to:
a.   Achieve and maintain high repeatability in the MIDS production and depot repair lines
b.   Achieve and maintain low variability in the MIDS production and depot repair lines.
c.   Internal management processes
d.   Ensure that best commercial practices and policies are in place and there is capability to audit that these practices and policies are being followed
e.   Terminal specifications compliance and requests for waivers or deviations
f.   Acceptance test plans, procedures and reports
g.   MIDS product development
h.   Process improvement
At program reviews, the contractor shall demonstrate in detail how:
i.   Benchmarks and metrics are established and controlled to ensure repeatable results
j.   At regular intervals, that processes used will produce or are producing terminals with

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      low variability
k.   Internal QA processes meet all applicable Government requirements stated elsewhere in this contract
The contractor shall make available for review and retention all records associated with the establishment, implementation and operation of the quality program. The quality trends data maintained and briefed by the contractor during program reviews shall include but not be limited to the number of scrap, number of re-work dispositions, hours of re-work, number of repair dispositions, hours of repair, contractor benchmarks and quality metrics to the circuit card level.
3.7 Supportability . The contractor shall provide MIDS support capability. The contractor shall designate a supportability manager to manage the contractor’s supportability program. The supportability manager shall be the single point of contact for all MIDS supportability issues and requirements.
The contractor shall ensure that supportability considerations and supportability planning are integrated in the system/equipment engineering and design process to obtain optimum cost effectiveness, and maximum support readiness.
The contractor shall establish and maintain the following:
a) Commercial Asset Visibility (CAV)
b) Wholesale asset inventory facilities
c) Contractor Database
3.7.1 Commercial Asset Visibility (CAV). The contractor shall provide asset reporting using CAV software. CAV is a personal computer software system that consists of a series of on-line programs designed to facilitate asset visibility of Government owned assets being repaired at commercial contracted facilities. The transaction allows the government to maintain asset visibility throughout the repair cycle of the item being repaired with updates from the commercial contractor. These transactions are mechanically formatted to allow automatic update to the Government Primary Inventory Control Activity (PICA) that is directly responsible for maintaining adequate stocking levels of contracted items.
3.7.2 Wholesale Asset Inventory Facilities
3.7.2.1 Wholesale Assets. Wholesale assets are Government owned spares used at the wholesale level of supply by the original equipment manufacturer (OEM) to support repair turn around time. These assets consist of SRUs and/or LRUs. The contractor shall deliver wholesale assets per delivery instructions in applicable delivery orders. Wholesale assets will be stored in secure storage at the contractor’s facility. The contractor shall report on the wholesale asset inventory, status, and usage as part of the Contractor Database (CDRL A005)
3.7.2.2 Wholesale Asset Storage. The contractor shall provide secure facilities to store and

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manage wholesale assets. LRU and SRU wholesale assets are identified in applicable delivery orders.
3.7.3 Contractor Database. The contractor shall maintain accurate configuration, reliability, and maintainability data in a contractor database. The contractor shall enable the Government access to all raw data table of the database. The database shall be delivered to the Government (CDRL A005). The contractor shall obtain and provide all data required to effectively assess MIDS configuration, reliability, and maintainability.
The contractor’s database shall minimally include the following elements:
a)  User Hardware Arrives at the Depot (match with initial requisition number and user ID)
1)     Asset Receipt Date
2)    Asset Induction Date
3)     Asset RFI Date
4)     Received From (Location / Command)
5)     Host Platform
6)     Nation of Ownership
7)     Contract Asset was procured under
8)     LRU/SRU Type
9)     Asset part number(s)
10)   Asset serial number(s)
11)   LRU parent serial number
12)   Incoming condition status (DCMA Inspection results)
13)   Asset warranty status (in warranty, out of warranty)
14)   Asset warranty exclusion basis (if applicable)
15)   Reported failure indication from customer (as applicable)
16)   Failure verified (yes/no)
17)    Recorded failure indication (read and record incoming BIT and/or run and record BIT prior to executing repairs)
18)    Failure identification and repair actions to the component level and/or Government or vendor spare used. Identify by part number reference designator or serial number of spare used.
19)    Root cause of failure: i.e.
i.     Material/part
ii.    Workmanship
iii.   Design
iv.   Induced failure (customer or contractor)
v.    Software/firmware
vi.   Beyond Economic Repair
vii.  Unknown -replaced SRU
b)  Shipment Data for New Production, Repaired, or Replacement Hardware.

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1) Shipment date
2) Hardware Configuration data:
i. Part number of each LRU/SRU as applicable
ii. Serial number of each LRU/SRU as applicable
3) Software configuration (Core, TIO, NSIO, ADDSI, MSG versions) as applicable
4) DD-250/DD-1149/SF-153 Document Number as applicable
5) Ship-to-point (POC/ phone/ fax/ address)
6) Shipment Tracking Number (i.e.: airway bill number, FedEx tracking number) as applicable
c) Contractor/Field Upgrades.
1) Date performed
2) Ownership information
3) Location performed
4) Hardware Configuration data:
i. Part number of each LRU/SRU as applicable
ii. Serial number of each LRU/SRU as applicable
5) Software configuration (Core, TIO, NSIO, ADDSI, MSG versions) as applicable
3.8 Product Ongoing Engineering Support
3.8.1 Problem Report Resolution.
3.8.1.1  Problem Report (PR) Resolution Process. In support of the PR resolution process the contractor shall:
a.   Develop and enter MIDS-LVT problem reports into the PTDB. PRs shall include, but not be limited to, MIDS integration, testing, installation and Casualty Reports.
b.   Investigate all new PR and provide initial assessment within 30 days after their posting in the PTDB.
c.   At all PRBs, conduct with MIDS Program Office a review of top/critical MIDS PRs and provide a PR summary update.
d.   Monitor and allocate resources to resolve all applicable PRs and post all findings in the PTDB.
e.   Propose to the Government plans for any required retro-fits to implement PR resolutions.
f.   Participate in Problem Report Review (PRR) and Problem Review Board (PRB) meetings.
3.8.1.2 Problem Report Review (PRR) . The contractor shall participate in two face-to-face Government chaired PRRs per year and be prepared to address all active PRs. The contractor shall host a maximum of one PRR per year. PRRs have broad participation, including MIDS IPO personnel, nation integrators, production contractors, and Government and contractor SSAs in order to fully address the technical issues involving the Problem Reports. The PRR will be held in conjunction with the TWG and ICWG. PRRs shall be a maximum of one (1) day in

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duration.
3.8.1.3 Problem Review Board (PRB) . The contractor shall participate in a maximum of ten PRBs per year. PRB will be held via telephone conference and online meeting services. The PRB is the Government-industry forum to address and monitor the status and disposition of problems and deficiencies reported against the MIDS-LVT terminals.
3.8.2 Technical Working Group The Contractor shall support a Government chaired Technical Working Group (TWG). The TWG is the forum that provides the communication link between the MIDS production contractors and Government and contractor SSAs, the Government, the national representatives, senior technical and platform integrator representatives for resolving interface and technical issues. The TWG shall be held a maximum of two (2) times a year. The contractor shall host one (1) TWG per year. The TWG will be held in conjunction with the PRR and ICWG.
3.8.3 Interface Control Working Group (ICWG) The Contractor shall participate in the Interface Control Working Group (ICWG) process. The objective of the ICWG process is to ensure that NORs to the Functional and Allocated Baselines that change the MIDS components are physically, functionally, and electrically backward/forward compatible among the different LRU/SRUs, terminal variants, Contractors and host platforms. The ICWG process is a forum for the MIDS production contractors, and the Government and Contractor Software Support Activities (SSAs) to resolve technical issues concerning proposed changes and to concur with the technical wording of the specification change(s).
The Government shall chair the ICWG. After resolution of all interface and technical issues, and the contents of the accompanying NORs have been agreed upon, if designated the lead, the contractor shall submit a formal ECP to the Government that includes estimated costs, schedule, implementation effectively, and associated NOR(s) effectivity for its respective contract within 30 calendar days after technical agreement. If the contractor is affected by the lead ECP, it shall submit a formal companion ECP describing the impact to its respective contract, which includes estimated cost, schedule and implementation effectivity within 30 calendar days after lead ECP agreement. If no impact applies, the contractor shall notify the MIDS IPO via the EMS database.
The contractor shall support weekly telephone conference and online meeting service calls. The contractor shall be prepared to respond to any open terminal issues and provide status. There shall be a maximum of two (2) face-to-face ICWG meetings per year. These meetings shall each be a maximum of one day in duration and will be held in conjunction with the PRR and TWG. The contractor shall host a maximum of one of these ICWG meetings per year.
3.9 Configuration Management The Contractor shall identify a Point of Contact (POC) for all MIDS-LVT configuration management and control matters. The Contractor shall perform Configuration Management (CM) in accordance with their CM Processes and the IPO MIDS

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LVT Configuration and Data Management Plan (CDMP), and the guidance of MIL-HDBK-61A, ANSI/EIA-649, and IEEE/EIA 12207. The Contractor shall meet as required with the Government to conduct CM coordination meetings to discuss CM related actions and status.
3.9.1 Configuration Identification Configuration identifiers shall be assigned to each delivered Configuration Item (CI). The Contractor shall ensure configuration traceability for all equipment, components, computer software, firmware and spares delivered under this contract. Configuration identifiers shall be maintained consistent with the definitions outlined in MIL-HDBK-61A, for all hardware/firmware CIs and computer software configuration items (CSCIs) throughout the life of the program.
3.9.1.1 Nomenclature The contractor shall submit nomenclature requests/revisions via the Joint Electronic Type Designation Automated System (JETDAS) database in accordance with MIL-STD-196E for all Radio Terminal Sets and LRUs. The current MIDS approved Nomenclatures are:
AN/USQ-140(V)1(C), Radio Terminal Set, known as LVT (1)
RT-1840(C)/U, Receiver Transmitter
PP-8476/U, Remote Power Supply
AN/USQ-140(V)2(C), Radio Terminal Set, known as LVT (2)
RT-1785(C)/U, Receiver Transmitter
PP-8453/U, Power Supply Assembly
HD-1213/U, Cooling Unit
Mounting Base
AN/USQ-140(V)3(C), Radio Terminal Set, known as LVT (3)
RT-1807(C)/U, Receiver Transmitter
PP-8477/U, Remote Power Supply
AN/USQ-140(V)4(C), Radio Terminal Set, known as LVT (4)
RT-1841(C)/U, Receiver Transmitter
PP-8476/U, Remote Power Supply
AN/USQ-140(V)5(C), Radio Terminal Set, known as LVT (5)
RT-1841(C)/U, Receiver Transmitter
PP-8476/U, Remote Power Supply
J-6500/U, High Power Amplifier Interface Adapter
AN/USQ-140(V)6(C), Radio Terminal Set, known as LVT (6)
RT-1842(C)/U, Receiver Transmitter
PP-8476/U, Remote Power Supply
AN/USQ-140(V)7(C), Radio Terminal Set, known as LVT (7)

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RT-1843(C)/U, Receiver Transmitter
PP-8476/U, Remote Power Supply
AN/USQ-140(V)8(C), Radio Terminal Set, known as LVT (8)
RT-1841(C)/U, Receiver Transmitter
PP-8476/U, Remote Power Supply
J-6500/U, High Power Amplifier Interface Adapter
CV-4344/U, Alternating Current Converter
AN/USQ-140(V)9(C), Radio Terminal Set, known as LVT (9)
RT-1841(C)/U, Receiver Transmitter
PP-8476/U, Remote Power Supply
CV-4344/U, Alternating Current Converter
AN/USQ-140(V)10(C), Radio Terminal Set, known as LVT (10)
RT-1843(C)/U, Receiver Transmitter
PP-8476/U, Remote Power Supply
CV-4344/U, Alternating Current Converter
AN/USQ-140(V)11(C), Radio Terminal Set, known as LVT (11)
RT-1868(C)/U, Receiver Transmitter
PP-8453/U, Power Supply Assembly
HD-1213/U, Cooling Unit
Mounting Base
3.9.1.2 MIDS Commercial Crypto LVT Configurations . The Government may procure under this contract the commercial crypto equivalent of the configurations described under 3.9.1.1. Commercial Crypto variants of the MIDS-LVT are know as CLVT 1, CVLT 2 etc. and do not require JETDAS nomenclature assignment.
3.9.1.3 Part Numbers. The Contractor shall assign part numbers for each HWCI at the System, LRU, and SRU levels. Similarly, each CSCI shall be assigned a unique program name with version number. Changes to externally loadable CSCIs (i.e. MSG, CORE, NSIO, ADDSI and TIO) shall not change a hardware part number. The contractor’s part numbering system for HWCI part numbers and CSCI program names with version numbers shall ensure traceability to the Functional and Allocated Baseline (Attachment F).
Changes to a HWCI that result in a form, fit or function change requires a re-identification of the affected item’s part number and consequently changes the part number of the next higher assembly.
The contractor shall ensure terminals upgraded with externally loadable software are accurately labeled to include the CSCI version.

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3.9.1.4. Serial Numbers. The original assigned serial number of a CI shall not be changed or reused for another like CI, even if a change affects interchangeability or the part is obsolete. LRU Serial Number shall be assigned and comply with the NSA approved Serial Number blocks.
3.9.2 The Technical Data Package The Technical Data Package (TDP) shall consist of the Contractor’s Product Baseline documentation. The TDP shall be a complete design disclosure. In the event that the TDP CDRL option is exercised, the TDP shall be sufficient for competitive reprocurement and repair of the MIDS Terminals, LRUs and SRUs (CDRL A006). (CLIN 1001)
3.9.3 Configuration Control. The Government maintains configuration control of the MIDS Functional and Allocated Baseline documents identified in the Data List as well as Government furnished software product. The Contractor shall provide configuration control for their Product Baseline (PBL) in accordance with its internal CM procedures. The Contractor shall submit ECPs for all changes to the Functional, Allocated and Product Baselines.
3.9.3.1 Engineering Change Proposals (ECPs). The Contractor shall use MIL-HDBK-61A for ECP development except for the classification of ECPs which shall be in accordance with the MIDS LVT CDMP.
3.9.3.1.1 Class I ECP . The Contractor shall submit all Class I ECPs to the Government (CDRL A007). The Contractor shall additionally submit to the Government for approval a Regressive Verification Plan/Procedure (RVP) for all Class I ECPs (CDRL A007). The Contractor shall submit to the Government a Regressive Verification Report (CDRL A008) for all Class I ECPs. All regression verification shall be successfully completed before delivering affected HWCIs to the Government. Regressive Verifications shall be accomplished by test, analysis or a combination of both methods and shall address as a minimum the following:
a) Requirements in Temperature/Altitude
b) Random Vibration (endurance)
c) Gunfire Vibration
d) Crash Safety
e) Explosive Atmosphere
f) EMI (RE02 and CE03)
g) Electrical Power
h) Safety of flight
The RVP shall include the detailed procedures for any testing required and the details of any analyses to be performed, and the details for any combination thereof.
The RVP shall include a Verification Cross Reference Matrix (VCRM) that depicts the SSS requirements to be verified as a part of the regression verification and the verification method to be used.
3.9.3.1.1.1 Government Approvable Class I ECPs . The Contractor shall submit to the Government for approval Class I ECPs (CDRL A009) to the Functional and Allocated baseline

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with Notices of Revision (NORs) (CDRL A010). The Contractor shall submit to the Government for approval all PBL Class I ECPs that affects the following:
a. Safety
b. Areas of the terminal that store or process common carrier data
c. INFOSEC boundaries
d. EMC Features
3.9.3.1.1.2 Government Non-Approvable Class I ECPs . All other PBL Class I ECPs shall be submitted to the Government for information purposes (CDRL A011).
3.9.3.1.2 Class II ECP . The Contractor shall submit copies of Class II product changes (CDRL A012).
3.9.3.1.3 Value Engineering Change Proposals (VECPS). VECPs shall be permitted IAW FAR 52.248-1 (Deviation). A Production Contractor shall only submit VECPs against the Functional and Allocated Baselines.
3.9.3.1.4 Urgent and Emergency ECPs. The Contractor shall submit an Urgent or Emergency ECP for changes that require immediate implementation to the Government. An associated Critical Request for Deviation (RFD) shall also be submitted to the Government for fast track approval.
3.9.3.2 Request for Deviations (RFDs). Deviations from the requirements of the Functional and Allocated Baselines shall be written using the MIL-HDBK-61A for guidance in classification and content data. Major or Critical RFDs must be submitted to the Government for review and approval (or disapproval) (CDRL A013). The contractor shall correct any RFD non-compliance not approved by the Government. Recurring deviations are not permitted.
3.9.4  Configuration Status Accounting
3.9.4.1 Configuration Management Accounting Report (CMAR). The contractor shall develop and submit a CMAR to the Government. The Contractor’s CMAR shall be reflective of procured as-built configuration HWCIs/CSCIs and include cross-reference to such items as part numbers, revisions/versions, proposed and approved Class I and Class II ECPs, deviations, conditional acceptance terms, software definitions and associated FBL and ABL (Attachment F). (CDRL A014).
3.9.4.2 Configuration Data Information . The Contractor shall document the terminal delivered as-built hardware and software configuration and include the documentation with each delivered terminal or spare. (CDRL A015)
3.10 Data Management. The Contractor shall identify a POC within the organization for data management efforts. The Contractor shall work with the Government to resolve all computer

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related compatibility issues with data deliveries.
3.10.1 Data Accession List. The Data Accession List (DAL) is a complete listing of all data, computer software and documentation generated by the Contractor during the course of performing the contract requirements (except for CDRL items identified elsewhere in the SOW) (CDRL A016). All DAL items shall be accessible to the Government in accordance with Special Clause H-22.
3.11 Security. The level of classification for this effort is up to SECRET. The nature of this task requires contractor access to data, information and spaces classified up to the level of SECRET. The contractor may be required to attend meetings classified up to the SECRET level.
3.12 Foreign Travel Requirements. The contractor shall submit all outgoing Country/Theater clearance message requests to the JPEO JTRS Administrative staff for certification of need to know: POC Ms. Teresa Lorscheider; teresa.lorscheider@navy.mil for action. The contractor shall submit a Request for Foreign Travel form for each traveler in advance of the travel to initiate the release of a clearance message at least 30 days in advance of departure. Each contractor traveling must also submit a Personal Protection Plan and have a Level 1 Antiterrorism/Force Protection briefing within one year of departure and a country specific briefing within ninety (90) days of departure.
3.13 OPSEC Requirements. The contractor shall perform all work in accordance with DoD and Navy Operations Security (OPSEC) requirements and in accordance with the OPSEC attachment to the DD254.

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ATTACHMENT F   30 September 2009
INDEX AND DATA LISTS
       
     
Contents:
     
Cover
  page
Summary List
  pages
Index/Data Lists
  45  pages
Appendix A
  pages

 


 

MIDS Baseline Index and Data Lists — Summary
                 
Data List   Rev   Date   Nomenclature/Description   Report Date: 17-Sep-09
[***]
  [***]   [***]   RADIO TERMINAL SET (RTS) AN/USQ-140(V) 3(C)    
[***]
  [***]   [***]   RECEIVER TRANSMITTER RT-1840(C)/U    
[***]
  [***]   [***]   RECEIVER TRANSMITTER RT-1785(C)/U    
[***]
  [***]   [***]   RECEIVER TRANSMITTER RT-1841(C)/U    
[***]
  [***]   [***]   RECEIVER TRANSMITTER RT-1842(C)/U    
[***]
  [***]   [***]   RECEIVER TRANSMITTER RT-1843(C)/U    
[***]
  [***]   [***]   REMOTE POWER SUPPLY PP-8476/U    
[***]
  [***]   [**