1
EXHIBIT 10.9
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AWARD/CONTRACT 1. THIS CONTRACT IS A RATED ORDER RATING PAGE OF PAGES
UNDER DPAS (15 CFR 350) DOS1 1 32
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2. CONTRACT (Proc. Inst. Ident.) NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE/PROJECT NO.
N00039-96-C-0097 29 AUG 1996 N00039-95-PR-E8001/.1
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5. ISSUED BY CODE N00039 6. ADMINISTERED BY (If other than item 5) CODE S2404A
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COMMANDER DCMAO Baltimore
Space and Naval Warfare Systems Command ATTN: Chesapeake
0000 Xxxxxxx Xxxxx, Xxxxxxxxx, XX 00000-0000 000 Xxxxxxxxxx Xxxx., Xxxx
XXX: X. XxXxxxxx, 02-33M, (000)000-0000 Xxxxxx, XX 00000-0000
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7. NAME XXX XXXXXXX XX XXXXXXXXXX (Xx., xxxxxx, xxxx, xxxxxxx, Xxxxx and ZIP Code) 8. DELIVERY
[x]FOB ORIGIN [ ] OTHER (See below)
Advanced Communication Systems, Inc. ----------------------------------------------
00000 Xxx Xxxxxxx 0. DISCOUNT FOR PROMPT PAYMENT
Xxxxxxx, XX 00000
N/A
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10. SUBMIT INVOICES ITEM
(4 copies unless other-
------------------------------------------------------------------------------------ wise specified) TO THE
CODE 2X691 FACILITY CODE R414 ADDRESS SHOWN IN: See Block 12
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11. SHIP TO/XXXX FOR CODE 12. PAYMENT WILL BE MADE BY CODE SC1010
------------------------ DFAS-Columbus Center -----------------
DFAS-CO/Capital Division
X.X. Xxx 000000, Xxxxxxxx, XX 00000-0000
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13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETI- 14. ACCOUNTING AND APPROPRIATION DATA
TION: See attached Financial Accounting Data Sheet
[ ] 10 U.S.C. 2304(c) ( N/A ) [ ]41 U.S.C. 253 (C) ( N/A )
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15A. ITEM NO. 15B. SUPPLIES/SERVICES 15C. QUANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT
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See Section B
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15G. TOTAL AMOUNT OF CONTRACT $ 7,289,034.00
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16. TABLE OF CONTENTS
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(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)
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PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
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X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 23-32
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X B SUPPLIES OR SERVICES AND PRICES/COSTS 2-13 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
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X C DESCRIPTION/SPECS./WORK STATEMENT 13 X J LIST OF ATTACHMENTS 32
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X D PACKAGING AND MARKING 14 PART IV - REPRESENTATIONS AND INSTRUCTIONS
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X E INSPECTION AND ACCEPTANCE 14 K REPRESENTATIONS, CERTIFICATIONS AND
-------------------------------------------------------------- OTHER STATEMENTS OF OFFERORS
X F DELIVERIES OR PERFORMANCE 15
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X G CONTRACT ADMINISTRATION DATA 15-17 L INSTRS., CONDS., AND NOTICES TO OFFEROR
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X H SPECIAL CONTRACT REQUIREMENTS 18-22 M EVALUATION FACTORS FOR AWARD
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CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE
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17. [X] CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is re- 18. [ ] AWARD (Contractor is not required to sign this document).
quired to sign this document and return 2 Your offer on Solicitation Number ______________________________
--------------------- including the additions or changes made by you which additions
copies to issuing office.) Contractor agrees to furnish and or changes are set forth in full above, is hereby accepted as to
deliver all items or perform all the services set forth or items listed above and on any continuation sheets. This award
otherwise identified above and on any continuation sheets consummates the contract which consists of the following
for the consideration stated herein. The rights and documents: (a) the Government's solicitation and your offer, and
obligations of the parties to this contract shall be subject (b) this award/contract. No further contractual document is
to and governed by the following documents: (a) this award/ necessary.
contract, (b) the solicitation, if any, and (c) such
provisions, representations, certifications, and
specifications, as are attached or incorporated by refer-
ence herein. (Attachments are listed herein.)
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19A. NAME AND TITLE OF SIGNER (Type or print) 20A. NAME OF CONTRACTING OFFICER
XXXXX XXX XXXXXXXX, Contracting Officer
/S/ XXXXXX X. XXXXXXXX, President Space and Naval Warfare Systems Command
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19B. NAME OF CONTRACTOR 19C. DATE SIGNED 20B. XXXXXX XXXXXX XX XXXXXXX 00X. DATE SIGNED
BY /s/ XXXXXX X. XXXXXXXX 8 -29-96 BY /s/ XXXXX XXX XXXXXXXX 29 AUG 1996
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(Signature of person authorized to sign) (Signature of Contracting Officer)
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NSN 7540-01-152-8069 26-107 STANDARD FORM 26 (REV. 4-85)
PREVIOUS EDITION UNUSABLE Prescribed by XXX
XXX (00 XXX) 53.214 (a)
2
X00000-00-X-0000
XXXXXXX X - XXXXXXXX XX SERVICES AND PRICES/COSTS
CLIN DESCRIPTION QTY/UNIT AMOUNT
---- ----------- -------- ------
0001 Management and Program 291,200
Support for PD 17 man-hours
(See Note 1)
0001AA O&MN Funds NSP
0001AB OPN Funds NSP
0000XX XXX&X Funds NSP
0001AD SCN Funds NSP
0001AE FMS Funds NSP
(Applicable to Items 0001AA through 0001AE)
Estimated Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ *
Facilities Capital Cost Money . . . . . . . . . . . . . . . . . . . . . . . . . . . $ *
Fixed Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ *
Total Estimated Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,289,034
0002 Material (at cost plus G&A only) Estimated $ TBD
(See Note 2)
0003 Travel and Subsistence Estimated $ TBD
(at cost plus G&A only in
accordance with the Joint
Travel Regulations and FAR 31.205-46)
(See Note 2)
NSP - Not Separately Priced
TBD - To Be Determined
One Staff-Year (SY) equals 2080 hours
* This material has been omitted pursuant to a request for confidential
treatment. The material has been filed separately with the Securities
and Exchange Commission.
2
3
N00039-96-C-0097
SECTION B
CLIN DESCRIPTION QTY/UNIT AMOUNT
---- ----------- -------- ------
OPTION
0004 Management and Program 291,200
Support for PD 17 man-hours
(See Note 1)
0004AA O&MN Funds NSP
0004AB OPN Funds NSP
0000XX XXX&X Funds NSP
0004AD SCN Funds NSP
0004AE FMS Funds NSP
(Applicable to Items 0004AA through 0004AE)
Estimated Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ *
Facilities Capital Cost Money . . . . . . . . . . . . . . . . . . . . . . . . . . . $ *
Fixed Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ *
Total Estimated Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,292,223
OPTION
0005 Material (at cost plus G&A only) Estimated $ TBD
(See Note 2)
OPTION
0006 Travel and Subsistence Estimated $ TBD
(at cost plus G&A only in
accordance with the Joint
Travel Regulations and FAR 31.205-46)
(See Note 2)
* This material has been omitted pursuant to a request for confidential
treatment. The material has been filed separately with the Securities and
Exchange Commission.
NSP - Not Separately Priced
TBD - To Be Determined
One Staff-Year (SY) equals 2080 hours
3
4
N00039-96-C-0097
SECTION B
CLIN DESCRIPTION QTY/UNIT AMOUNT
---- ----------- -------- ------
OPTION
0007 Management and Program 291,200
Support for PD 17 man-hours
(See Note 1)
0007AA O&MN Funds NSP
0007AB OPN Funds NSP
0000XX XXX&X Funds NSP
0007AD SCN Funds NSP
0007AE FMS Funds NSP
(Applicable to Items 0007AA through 0007AE)
Estimated Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ *
Facilities Capital Cost Money . . . . . . . . . . . . . . . . . . . . . . . . . . . $ *
Fixed Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ *
Total Estimated Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,034,877
OPTION
0008 Material (at cost plus G&A only) Estimated $ TBD
(See Note 2)
OPTION
0009 Travel and Subsistence Estimated $ TBD
(at cost plus G&A only in
accordance with the Joint
Travel Regulations and FAR 31.205-46)
(See Note 2)
* This material has been omitted pursuant to a request for confidential
treatment. The material has been filed separately with the Securities and
Exchange Commission.
NSP - Not Separately Priced
TBD - To Be Determined
One Staff-Year (SY) equals 2080 hours
4
5
N00039-96-C-0097
SECTION B
CLIN DESCRIPTION QTY/UNIT AMOUNT
---- ----------- -------- ------
OPTION
0010 Management and Program 291,200
Support for PD 17 man-hours
(See Note 1)
0010AA O&MN Funds NSP
0010AB OPN Funds NSP
0000XX XXX&X Funds NSP
0010AD SCN Funds NSP
0010AE FMS Funds NSP
(Applicable to Items 0010AA through 0010AE)
Estimated Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ *
Facilities Capital Cost Money . . . . . . . . . . . . . . . . . . . . . . . . . . . $ *
Fixed Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ *
Total Estimated Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,021,933
OPTION
0011 Material (at cost plus G&A only) Estimated $ TBD
(See Note 2)
OPTION
0012 Travel and Subsistence Estimated $ TBD
(at cost plus G&A only in
accordance with the Joint
Travel Regulations and FAR 31.205-46)
(See Note 2)
* This material has been omitted pursuant to a request for confidential
treatment. The material has been filed separately with the Securities and
Exchange Commission.
NSP - Not Separately Priced
TBD - To Be Determined
One Staff-Year (SY) equals 2080 hours
5
6
N00039-96-C-0097
SECTION B
CLIN DESCRIPTION QTY/UNIT AMOUNT
---- ----------- -------- ------
OPTION
0013 Management and Program 291,200
Support for PD 17 man-hours
(See Note 1)
0013AA O&MN Funds NSP
0013AB OPN Funds NSP
0013AC PDT&E Funds NSP
0013AD SCN Funds NSP
0013AE FMS Funds NSP
(Applicable to Items 0013AA through 0013AE)
Estimated Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ *
Facilities Capital Cost Money . . . . . . . . . . . . . . . . . . . . . . . . . . . $ *
Fixed Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ *
Total Estimated Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,044,904
OPTION
0014 Material (at cost plus G&A only) Estimated $ TBD
(See Note 2)
OPTION
0015 Travel and Subsistence Estimated $ TBD
(at cost plus G&A only in
accordance with the Joint
Travel Regulations and FAR 31.205-46)
(See Note 2)
* This material has been omitted pursuant to a request for confidential
treatment. The material has been filed separately with the Securities and
Exchange Commission.
NSP - Not Separately Priced
TBD - To Be Determined
One Staff-Year (SY) equals 2080 hours
6
7
SECTION B N00039-96-C-0097
Note 1: The Government anticipates that services provided during the base year
and subsequent years, if and to the extent the options are exercised, will be
funded by more than one appropriation type (e.g. R&D, O&MN, OPN, SCN, FMS). In
accordance with the Section H clause entitled "Segregation of Costs", the
contractor shall segregate costs at the lowest level of performance which, as a
minimum, shall be by appropriation type and year (e.g. Fiscal Year (FY) 1990
O&MN, FY 1990 R&D, FY 1991 O&MN, FY 91 R&D).
Note 2: This contract includes estimated amounts for the cost of contractor
personnel travel and contractor's materials. The contractor shall be
reimbursed up to such amount for the contractor personnel travel costs that are
otherwise allowable in accordance with the version of FAR 31.205-46 effective
on the date of execution of this contract or contract modification and the
contractor shall be reimbursed up to such amount for the contractor's allowable
material costs. The contractor represents that such amounts are both necessary
and sufficient for the performance of the work required by this contract;
accordingly the contractor agrees that the costs of contractor personnel travel
and materials, if any, in excess of the estimated amount shall be unallowable
under this or any other government contract or subcontract; and the government
shall not be obligated to reimburse the contractor for any costs of contractor
personnel travel and/or materials costs in excess of the estimated amount
unless the Procuring Contractor Officer, prior to additional contractor
personnel travel or material costs having been incurred, shall have notified
the contractor that the estimated amount has been increased, and has specified
in such notice the amount of any increase. No notice, communication or
representation in any form or from any person other than the Procuring
Contracting Officer shall affect the foregoing limitation on allowability to
cost of contractor personnel travel and materials.
Increases in the foregoing limitation shall not be considered an authorization
to the contractor to exceed the estimated costs set forth in the schedule.
Change orders issued pursuant to the changes clause of this contract shall not
be considered an authorization to the contractor to exceed the foregoing
limitation in the absence of a statement in the change order, or other contract
modification, increasing the limitation.
B-1 PAYMENT OF FIXED FEE BASED ON STAFF-HOURS (TERM TYPE) (MAR 94) (SPAWAR
5252.216-9201) (APPLICABLE TO ITEMS 0001AA, 0001AB, 0001AC, 0001AD, AND 0001AE)
The fixed fee for work performed under this contract is $ * , provided that
not less than 291,200 staff-hours of direct labor are so employed on such work
by the Contractor. If substantially less than 291,200 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 bi-weekly, on account of the fixed fee, equal to
* percent of the amounts invoiced.
* This material has been omitted pursuant to a request for confidential
treatment. The material has been filed separately with the Securities and
Exchange Commission.
7
8
SECTION B N00039-96-C-0097
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
shall be paid to the Contractor. Any overpayment of fixed fee shall be repaid
by the Contractor or otherwise credited to the Government, at the time of final
payment.
B-2 PAYMENT OF FIXED FEE BASED ON STAFF-HOURS (TERM TYPE) (MAR 94) (SPAWAR
5252.216-9201) (APPLICABLE TO ITEMS 0004AA, 0004AB, 0004AC, 0004D, AND 0004AE
IF AND TO THE EXTENT THE OPTION IS EXERCISED)
The fixed fee for work performed under this contract is $ * , provided that
not less than 291,200 staff-hours of direct labor are so employed on such
work by the Contractor. If substantially less than 291,200 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
bi-weekly, 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 provided that the total of all such payments shall not
exceed eighty-five percent (85%) of the fixed fee. Any balance of fixed fee
shall be paid to the Contractor. Any overpayment of fixed fee shall be repaid
by the Contractor or otherwise credited to the Government, at the time of final
payment.
B-3 PAYMENT OF FIXED FEE BASED ON STAFF-HOURS (TERM TYPE) (MAR 94) (SPAWAR
5252.216-9201) (APPLICABLE TO ITEMS 0007AA, 0007AB, 0007AC, 0007AD, AND 0007AE,
IF AND TO THE EXTENT THE OPTION IS EXERCISED)
The fixed fee for work performed under this contract is $ * , provided that not
less than 291,200 staff-hours of direct labor are so employed on such work by
the Contractor. If substantially less than 291,200 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
bi-weekly, 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 provided that the total of all such payments shall
not exceed eighty-five percent (85%) of the fixed fee. Any balance of fixed
fee shall be paid to the Contractor. Any overpayment of fixed fee shall be
repaid by the Contractor or otherwise credited to the Government, at the time
of final payment.
* This material has been omitted pursuant to a request for confidential
treatment. The material has been filed separately with the Securities and
Exchange Commission.
8
9
SECTION B N00039-96-C-0097
B-4 PAYMENT OF FIXED FEE BASED ON STAFF-HOURS (TERM TYPE) (MAR 94) (SPAWAR
5252.216-9201) (APPLICABLE TO ITEMS 0010AA, 0010AB, 0010AC, 0010AD, AND 0010AE,
IF AND TO THE EXTENT THE OPTION IS EXERCISED)
The fixed fee for work performed under this contract is $ * , provided that not
less than 291,200 staff-hours of direct labor are so employed on such work by
the Contractor. If substantially less than 291,200 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
bi-weekly, 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 provided that the total of all such
payments shall not exceed eighty-five percent (85%) of the fixed fee. Any
balance of fixed fee shall be paid to the Contractor. Any overpayment of fixed
fee shall be repaid by the Contractor or otherwise credited to the Government,
at the time of final payment.
B-5 PAYMENT OF FIXED FEE BASED ON STAFF-HOURS (TERM TYPE) (MAR 94) (SPAWAR
5252.216-9201) (APPLICABLE TO ITEMS 0013AA, 0013AB, 0013AC, 6013AD, AND
0013AE, IF AN TO THE EXTENT THE OPTION IS EXERCISED)
The fixed fee for work performed under this contract is $ * ,
provided that not less than 291,200 staff-hours of direct labor are so
employed on such work by the Contractor. If substantially less than 291,200
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 bi-weekly, 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 provided that the total
of all such payments shall not exceed eighty-five percent (85%) of the
fixed fee. Any balance of fixed fee shall be paid to the Contractor. Any
overpayment of fixed fee shall be repaid by the Contractor or otherwise
credited to the Government, at the time of final payment.
B-6 ALLOTMENT OF FUNDS (JAN 89) (SPAWAR 5252.232-9200)
a. This contract is incrementally funded with respect to both cost and fee.
b. The amounts presently available and allotted to this contract for payment
of fee, as provided in the Section I clause of this contract entitled
"FIXED FEE", are as follows:
* This material has been omitted pursuant to a request for confidential
treatment. The material has been filed separately with the Securities
and Exchange Commission.
9
10
SECTION B N00039-96-C-0097
ITEM(S) ALLOTTED TO FIXED FEE
------- ---------------------
0001AB **
c. The amounts presently available and allotted to this contract for
payment of cost, subject to the Section I "LIMITATION OF FUNDS" clause, the
items covered thereby and the period of performance which it is estimated the
allotted amount will cover are as follows:
ITEM(S) ALLOTTED TO COST PERIOD OF PERFORMANCE
------- ----------------- ---------------------
0001AB ** 15 October 1996
0002 ** 15 October 1996
0003 ** 15 October 1996
d. The parties contemplate that the Government will allot additional
amounts to this contract from time to time by unilateral contract modification,
and any such modification shall state separately the amounts allotted for cost
and for fee, the items covered thereby, and the period of performance the
amounts are expected to cover.
B-7 LEVEL OF EFFORT - FEE ADJUSTMENT FORMULA I (MAR 94) (SPAWAR 5252.216-9204)
(a) Subject to the provisions of the "Limitation of Cost" or "Limitation of
Funds" clause (whichever is applicable to this contract), the level of effort
for the performance of work under this contract shall be as follows:
CLIN Total Staff-hours
---- of Direct Labor
---------------
0001 291,200
0004* 291,200
** This material has been omitted pursuant to a request for confidential
treatment. The material has been filed separately with the Securities
and Exchange Commission.
10
11
SECTION B N00039-96-C-0097
CLIN Total Staff-hours
---- of Direct Labor
---------------
0007* 291,200
0010* 291,200
0013* 291,200
*If and to the extent the option is exercised.
The Contractor agrees to provide the total level of effort specified above in
performance of work described in Sections "B" and "C" of this contract. The
total staff-hours of direct labor shall include subcontractor direct labor
hours for those subcontractors identified in the Contractor's proposal as
having hours included in the proposed level of effort.
(b) Of the total staff-hours of direct labor set forth above, it is estimated
that *** staff-hours are competitive time (uncompensated overtime).
Competitive time (uncompensated overtime) is defined as hours provided by
personnel in excess of 40 hours per week without additional compensation for
such excess work. All other effort is defined as compensated effort. If no
amount is indicated in the first sentence of this paragraph, competitive time
(uncompensated overtime) effort performed by the contractor shall not be counted
in fulfillment of the level of effort obligations under this contract.
(c) Effort performed in fulfilling the total level of effort obligations
specified above shall only include effort performed in direct support of this
contract and shall not include time and effort expended on such things as local
travel to and from an employee's usual work location, uncompensated effort
while on travel status, truncated lunch periods, work (actual or inferred) at
an employee's residence or other non-work locations or other time and effort
which does not have a specific and direct contribution to the tasks described
in Section "B".
(d) It is understood and agreed that the rate of staff-hours per month may
fluctuate in pursuit of the technical objective provided that such fluctuation
does not result in the utilization of the total staff-hours of effort prior to
the expiration of the term hereof, and it is further understood and agreed
** CLIN Competitive Time Hours
---- ----------------------
0001 ***
0004 ***
0007 ***
0010 ***
0013 ***
----
Total ***
*** This material has been omitted pursuant to a request for confidential
treatment. The material has been filed separately with the Securities
and Exchange Commission.
11
12
SECTION B N00039-96-C-0097
that the number of hours of effort for any classification may be utilized by
the contractor in any other direct labor classification if necessary for the
performance of the work. Written notification shall be furnished to the
Contracting Officer whenever eighty-five percent (85%) of the established level
of effort is reached.
(e) If the total level of effort specified in paragraph (a) above is not
provided by the contractor during the period of this contract, the Contracting
Officer shall either (1) reduce the fixed fee of the contract as follows:
Fee reduction = Fixed Fee x (required XXX - Expended XXX)
-----------------------------------------
Required XXX
or (2) subject to the provisions of the "Limitation of Cost" or "Limitation of
Funds" (whichever is applicable) require the Contractor to continue to perform
work until the total number of man-hours of direct labor specified in paragraph
(a) shall have been expended, at no increase in fixed fee of this contract.
(f) The Contractor shall provide and maintain an accounting system, acceptable
to the Administrative Contracting Officer (ACO) and the Defense Contract Audit
Agency (DCAA), which collects costs incurred and effort (compensated and
uncompensated, if any) provided in fulfillment of the level of effort
obligations of this contract. The Contractor shall indicate on each invoice
the total level of effort claimed during the period covered by the invoice,
separately identifying compensated effort and uncompensated effort, if any.
(g) Within 45 days after completion of the work under each separately
identified period of performance hereunder, the Contractor shall submit the
following information in writing to the Contracting Officer with copies to the
cognizant Contract Administration Office and DCAA office to which vouchers are
submitted:
1. The total number of staff-hours of direct labor expended
during the applicable period.
2. A breakdown of this total showing the number of staff-hours
expended in each direct labor classification and associated direct and indirect
costs.
3. A breakdown of other costs incurred.
4. The Contractor's estimate of the total allowable cost incurred
under the contract for the period.
12
13
SECTION B N00039-96-C-0097
In the case of a cost underrun, the Contractor shall submit the following
information in addition to that required above:
5. The amount by which the estimated cost of this contract may be
reduced to recover excess funds and the total amount of staff-hours not
expended, if any.
6. A calculation of the appropriate fee reduction in accordance with
this clause.
All submissions required by this paragraph shall include subcontractor
information, if any.
(h) Notwithstanding any of the provisions in the above paragraphs, in the
event that the Contractor has provided not more than 105% nor less than 95% of
the required level of effort specified for each separately identified period of
performance in paragraph (a) above, within the term and estimated cost set
forth in this contract, then the fee shall remain the same as set forth in
Section "B".
(i) SPECIAL INSTRUCTION TO THE PAYING OFFICE REGARDING WITHHELD FEE
Fees withheld pursuant to the provisions of this contract, such as the
withholding provided by the "Allowable Cost and Payment" and "Fixed Fee"
clauses, shall not be paid until the contract has been modified to reduce the
fixed fee in accordance with paragraph (e) above, except that no such action is
required if the total level of effort provided falls within the limits
established in paragraph (h) above.
SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
Item 0001 and Option Items 0004, 0007, 0010, and 0013, if and to the extent
the options are exercised, shall be performed in accordance with the Statement
of Work entitled "Statement of Work for PD 70 Program and Management Support"
attached hereto.
The estimated amount to be included in the contract by the government at the
time of contract award for travel and material under Items 0002 and 0003 and
Option Items 0005, 0006, 0008, 0009, 0011, 0012, 0014, and 0015, if and to
the extent the options are exercised, shall be provided only for travel and
materials in performance of the Statement of Work requirements to be incurred
by those contractor personnel whose labor costs are charged directly by the
contractor to this contract.
13
14
SECTION D - PACKAGING AND MARKING
Any deliverables required by individual technical directions (see Clause H-5
entitled "TECHNICAL DIRECTION (COST TYPE CONTRACTS)") will be packaged and
packed in accordance with standard commercial practice to ensure safe delivery.
All reports shall prominently show on the cover of the report:
(1) name and business address of the contractor
(2) contract number
(3) contract dollar amount
(4) whether the contract was competitively or non-competitively
awarded
(5) sponsor:
Department of the Navy
Space and Naval Warfare Systems Command
PD 72PA CPK 5 RM 501
SECTION E - INSPECTION AND ACCEPTANCE
NOTICE: The following solicitation provisions and/or contract clauses
pertinent to this section are hereby incorporated by reference.
FAR SOURCE TITLE DATE
---------- ----- ----
52.246-3 Inspection of Supplies- APR 84
Cost Reimbursement
FAR SOURCE TITLE DATE
---------- ----- ----
52.246-5 Inspection of Services- APR 84
Cost Reimbursement
E-1 Item 0001 and Option Items 0004, 0007, 0010, 0013, if and to the extent the
options are exercised, and any deliverables required by technical directions
thereunder, shall be inspected and accepted at destination by the Commander,
Space and Naval Warfare Systems Command, SPAWAR 0000 Xxxxxxx Xxxxx, Xxxx 00XX,
Xxxxxxxxx, XX, 00000-0000, or his duly authorized representative.
14
15
SECTION F - DELIVERIES OR PERFORMANCE
NOTICE: The following solicitation provisions and/or contract clauses
pertinent to this section are hereby incorporated by reference.
FAR SOURCE TITLE DATE
---------- ----- ----
52.242-15 Stop-Work Order - Alternate 1 (APR 84) AUG 89
F-1 The period of performance of Items 0001AA, 0001AB, 0001AC, 0001AD, 0001AE,
0002, and 0003 shall be from the effective date of contract award through 30
September 1996.
F-2 The period of performance of Items 0004AA, 0004AB, 0004AC, 0004AD, 0004AE,
0005, and 0006, if and to the extent options are exercised, shall be from 01
October 1996 through 30 September 1997.
F-3 The period of performance of Items 0007AA, 0007AB, 0007AC, 0007AD, 0007AE,
0008, and 0009, if and to the extent options are exercised, shall be from 01
October 1997 through 30 September 1998.
F-4 The period of performance of Items 0010AA, 0010AB, 0010AC, 0010AD, 0010AE,
0011 and 0012, if and to the extent options are exercised, shall be from 01
October 1998 through 30 September 1999.
F-5 The period of performance of Items 0013AA, 0013AB, 0013AC, 0013AD, 0013AE,
0014, and 0015, if and to the extent options are exercised, shall be from 01
October 1999 through 30 September 2000.
SECTION G - CONTRACT ADMINISTRATION DATA
G-1 SUBMISSION OF INVOICES (COST-REIMBURSEMENT, TIME-AND-MATERIALS, LABOR-HOUR,
OR FIXED PRICE INCENTIVE) (JUL 92) (NAPS 5252.232-9001)
(a) "Invoice" as used in this clause includes contractor requests for interim
payments using public vouchers (SF-1034) but does not include contractor
requests for progress payments under fixed price incentive contracts.
(b) The Contractor shall submit invoices and any necessary supporting
documentation, in an original and 6 copies, to the contract auditor at the
following address:
15
16
SECTION G
Defense Logistics Agency
DCMAO Manassas
00000 Xxxxxxxxxx Xxxxxxx, Xxxxx 000
Xxxxxxxx, XX 00000-0000
unless delivery orders are applicable, in which case invoices will be
segregated by individual order and submitted to the address specified in the
order. In addition, an information copy shall be submitted to SPAWAR 02-33.
Following verification, the contract auditor will forward the invoice to the
designated payment office for payment in the amount determined to be owing, in
accordance with the applicable payment (and fee) clause(s) of this contract.
(c) Invoices requesting interim payments shall be submitted no more than once
every two weeks, unless another time period is specified in the Payments clause
of this contract. For indefinite delivery type contracts, interim payment
invoices shall be submitted no more than once every two weeks for each delivery
order. There shall be a lapse of no more than 30 calendar days between
performance and submission of an interim payment invoice.
(d) In addition to the information identified in the Prompt Payment clause
herein, each invoice shall contain the following information, as applicable:
(1) Contract line item number (CLIN)
(2) Subline item number (SLIN)
(3) Accounting Classification Reference Number (ACRN)
(4) Payment terms
(5) Procuring activity
(6) Date supplies provided or services performed
(7) Costs incurred and allowable under the contract
(8) Vessel (e.g., ship, submarine or other craft) or system for which
supply/services is provided
(e) A DD Form 250, "Material Inspection and Receiving Report",
xx is required with each invoice submittal.
--
is required only with the final invoice.
--
is not required.
--
16
17
SECTION G
(f) A Certificate of Performance
shall be provided with each invoice submittal.
--
xx is not required.
--
(g) The Contractor's final invoice shall be identified as such, and shall list
all other invoices (if any) previously tendered under this contract.
(h) Costs of performance shall be segregated, accumulated and invoiced to the
appropriate ACRN categories to the extent possible. When such segregation of
costs by ACRN is not possible for invoices submitted with CLINS/SLINS with more
than one ACRN, an allocation ratio shall be established in the same ratio as
the obligations cited in the accounting data so that costs are allocated on a
proportional basis.
G-2 ADDRESS TO WHICH PAYMENT IS TO BE MAILED (JAN 89) (SPAWAR 5252.232-9204)
Payment hereunder shall be mailed to the following address:
Advanced Communication Systems, Inc.
Department 0885
XxXxxx, XX 00000-0000
X-0 XXXXXXXXXX XXXXXX XXXXX XX XXXXXXX (OCT 1994) (SPAWAR 5252.242-9200)
The Purchasing Office Point of Contact for this procurement is:
Xx. Xx XxXxxxxx, SPAWAR Code 02-33M
Commander, Space and Naval Warfare Systems Command
0000 Xxxxxxx Xxxxx (Xxxxxxx Xxxx 0)
Xxxxxxxxx, Xxxxxxxx 00000-0000
Telephone: (000) 000-0000 TeleFAX: (000) 000-0000
17
18
SECTION H - SPECIAL CONTRACT REQUIREMENTS N00039-96-C-0097
H-1 ORGANIZATIONAL CONFLICT OF INTEREST CLAUSE (JAN 89) (SPAWAR 5252.209-9201)
A. The Contractor understands and agrees that the Department of Defense will
not consider it, its successors, or assignees (hereinafter referred to as "the
Contractor"), as a source of supply for any system or major component thereof,
or training related thereto, for which the Contractor provides technical
support and management assistance under the contract. The Contractor further
understands and agrees that it will not be allowed to be a subcontractor or
consultant to a supplier of a system or any major components thereof, or
training related thereto, for which the Contractor provides technical support
and management assistance under this contract.
B. If, under this contract, the Contractor assists the Department of Defense
in the preparation of a Statement of Work, or provides material leading
directly, predictably, and without delay to a Statement of Work, to be used in
the competitive procurement of a system or services, the Contractor understands
and agrees that for the period from effective date of contract through 5 (five)
years after contract completion it shall not be allowed to supply the services
or the system or major components thereof, unless it is the sole source. The
content of a Statement of Work shall not be considered predictable if more than
one prime Contractor is involved in the preparation of material leading to it.
C. The Contractor hereby understands and agrees that if work to be performed
under this contract requires access to proprietary data of other companies, the
Contractor must agree with such other companies to protect such data from
unauthorized use or disclosure so long as it remains proprietary. Evidence of
such agreement must be made available to the PCO upon request. Further, the
Contractor agrees that it will not utilize the data obtained from such other
companies in performing for the Department of Defense additional studies in the
same field which are obtained competitively.
D. Upon receipt of a technical direction issued under the provisions of this
contract, the Contractor shall conduct a review of actual or potential
Organizational Conflict of Interest (OC of I) as defined in and within the
meaning of FAR Subpart 9.5. If in the opinion of the Contractor the performance
of a task directed under this contract will involve an actual or potential OC
of I, the Contractor shall notify the Contracting Officer and provide
justification in support of its opinion. The Contracting Officer will
thereupon determine whether in fact the task does involve an OC of I. If the
Contracting Officer determines that an OC of I is involved, the Contractor
shall not perform said task unless the parties agree to the restrictions
imposed by FAR Subpart 9.5.
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SECTION H N00039-96-C-0097
E. Any subcontractor which performs any work relative to this contract shall
be subject to paragraphs A through D above.
F. The Contractor agrees to notify any subcontractor which, pursuant to
paragraph E above, is subject to paragraphs A through D, above, that it is so
subject.
G. The prohibitions imposed by this clause may be waived by the Government.
H-2 INCORPORATION OF REPRESENTATIONS AND CERTIFICATIONS BY REFERENCE (NOV 91)
(SPAWAR 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-3 SEGREGATION OF COSTS (AUG 92) (SPAWAR 5252.232-9206)
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.
Where multiple lines of accounting are present, the ACRN preceding the
accounting citation will be found in Section B and/or Section C of the contract
or in the task or delivery order which authorizes work. Payment of Contractor
invoices shall be accomplished only by charging the ACRN which corresponds to
the work invoiced. One (1) copy of each invoice will be provided to the COR,
designated herein, and the PCO at the time of submission to DCAA.
H-4 SUBSTITUTION OF KEY PERSONNEL (JAN 89) (SPAWAR 5252.237-9204)
(a) The Offeror agrees to assign to the contract those persons whose resumes
were submitted with his proposal and specifically listed herein who are
necessary to fill the requirements of the contract:
19
20
SECTION H N00039-96-C-0097
Key Personnel
-------------
* *
* *
* *
*
(b) The Offeror agrees that during the first ninety (90) days of the contract
performance period no personnel substitutions will be permitted unless such
substitutions are necessitated by an individual's sudden illness, death, or
termination of employment. In any of these events, the Contractor shall
promptly notify the Contracting Officer and provide the information required by
paragraph (c) below. After the initial ninety (90) day period, all proposed
substitutions must be submitted, in writing, at least fifteen (15) days,
(thirty (30) days if security clearance is to be obtained), in advance of the
proposed substitutions to the Contracting Officer, and provide the information
required by paragraph (c) below.
(c) All requests for substitutions must provide a detailed explanation of the
circumstances necessitating the proposed substitutions, a complete resume for
the proposed substitute, and any other information requested by the Contracting
Officer, needed by him to approve or disapprove the proposed substitution.
All proposed substitutes must have qualifications that are equal to or higher
than the qualifications of the person to be replaced. The Contracting Officer
or his authorized representative will evaluate such requests and promptly notify
the Contractor of his approval or disapproval thereof.
H-5 TECHNICAL DIRECTION (COST TYPE CONTRACTS) (APR 92) (SPAWAR 5252.242-9202)
a. Technical Direction may be provided to the Contractor from time to time by
the Contracting Officer or Contracting Officer's Representative, if authorized,
during the term (term is defined as the period of performance for the basic
contract and any options that may be exercised) of this contract. Technical
Direction will provide specific information relating to the tasks contained in
the Statement of Work and will be provided to the contractor in writing. Any
Technical Direction issued hereunder will be subject to the terms and
conditions of the contract. The contract shall control in the event of
conflict with any Technical Direction issued hereunder, and cannot be modified
by any Technical Direction.
* This material has been omitted pursuant to a request for confidential
treatment. The material has been filed separately with the Securities
and Exchange Commission.
20
21
SECTION H N00039-96-C-0097
b. As stated, Technical Direction shall be issued in writing and shall
include, but not be limited to, the following information.
(a) date of issuance of Technical Direction;
(b) applicable contract number;
(c) Technical Direction identification number;
(d) description of Technical Direction;
(e) estimated cost;
(f) estimated level of effort by labor category; and
(g) signature of the PCO/COR.
c. If the contractor does not agree with the estimated cost specified on the
technical direction, or considers the technical direction to be outside the
scope of the contract, he shall notify the PCO or COR immediately and, in the
case of the estimated cost, arrive at a general agreement to the cost of the
task. In the case of the direction requiring work that is out of the scope of
the contract, the contractor shall not proceed with the effort unless and until
the PCO executes a contract modification to include the change in scope.
H-6 OPTION FOR SERVICES (Applicable to Option Items 0004, 0005, and 0006)
The Government may, at any time on or before 30 November 1997 require the
successful offeror (Contractor) to furnish all or any part of Item(s) 0004,
0005, and 0006 for delivery at the time(s) and place(s) and at the price(s) or
estimated costs set forth herein. This option shall be exercised if at all, by
written or telegraphic notice signed by the Contracting Officer and sent within
the option period specified above.
H-7 OPTION FOR SERVICES (Applicable to Option Items 0007, 0008, and 0009)
The Government may, at any time on or before 30 November 1998 require the
successful offeror (Contractor) to furnish all or any part of Item(s) 0007,
0008, and 0009 for delivery at the time(s) and place(s) and at the price(s) or
estimated costs set forth herein. This option shall be exercised if at all, by
written or telegraphic notice signed by the Contracting Officer and sent within
the option period specified above.
21
22
SECTION H N00039-96-C-0097
H-8 OPTION FOR SERVICES (Applicable to Option Items 0010, 0011, and 0012)
The Government may, at any time on or before 30 November 1999 require the
successful offeror (Contractor) to furnish all or any part of Item(s) 0010,
0011, and 0012 for delivery at the time(s) and place(s) and at the price(s) or
estimated costs set forth herein. This option shall be exercised if at all, by
written or telegraphic notice signed by the Contracting Officer and sent within
the option period specified above.
H-9 OPTION FOR SERVICES (Applicable to Option Items 0013, 0014, and 0015)
The Government may, at any time on or before 30 November 2000 require the
successful offeror (Contractor) to furnish all or any part of Item(s) 0013,
0014, and 0015 for delivery at the time(s) and place(s) and at the price(s) or
estimated costs set forth herein. This option shall be exercised if at all, by
written or telegraphic notice signed by the Contracting Officer and sent within
the option period specified above.
(rest of page intentionally left blank)
22
23
N00039-96-C-0097
PART II - Contract Clauses
SECTION I - CONTRACT CLAUSES
CLAUSES INCORPORATED BY REFERENCE (JUN 1988) FAR 52.252-2
This solicitation and the resulting contract incorporates the following 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.
NOTICE: The following solicitation and contract clauses are hereby
incorporated by reference.
1. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
FAR SOURCE
----------
TITLE DATE
----- ----
52.202-1 Definitions OCT 95
52.203-3 Gratuities APR 84
52.203-5 Covenant Against Contingent Fees APR 84
52.203-6 Restrictions on Sub-Contractor Sales To The JUL 95
Government
52.203-7 Anti-Kickback Procedures JUL 95
52.203-10 Price or Fee Adjustment for Illegal or SEP 90
Improper Activity
52.203-12 Limitation on Payments to Influence Certain JAN 90
Federal Transactions
52.203-13 Procurement Integrity-Service Contracting SEP 90
52.204-2 Security Requirements AUG 96
52.204-4 Printing/Copying Double-Sided on Recycled Paper JUL 96
52.209-6 Protecting the Government's Interest when JUL 95
Subcontracting with Contractors Debarred,
Suspended, or Proposed for Debarment
52.211-5 New Material MAY 95
52.211-7 Other Than New Material, Residual Inventory, MAY 95
and Former Government Surplus
52.211-15 Defense Priority and Allocation Requirements SEP 90
COST REIMBURSEMENT SERVICES
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SECTION I N00039-96-C-0097
FAR SOURCE TITLE DATE
---------- ----- ----
52.215-2 Audit and Records-Negotiation OCT 95
52.215-23 Price Reduction for Defective Cost or Pricing OCT 95
Data-Modifications
52.215-25 Subcontractor Cost or Pricing Data-Modifications OCT 95
52.215-31 Waiver of Facilities Capital Cost of Money SEP 87
52.215-33 Order Of Precedence JAN 86
52.215-39 Reversion or Adjustment of Plans for Postretirement Benefits Other MAR 96
Benefits Other Than Pensions (PRB)
52.215-40 Notification of Ownership Changes FEB 95
52.216-7 Allowable Cost and Payment AUG 96
52.216-8 Fixed Fee APR 84
52.219-6 Notice of Total Small Business Set-Aside APR 84
52.219-8 Utilization of Small Business Concerns and OCT 95
Small Disadvantaged Business Concerns
52.222-2 Payment for Overtime Premiums (para (a) zero) JUL 90
52.222-3 Convict Labor AUG 96
52.222-26 Equal Opportunity APR 84
52.222-28 Equal Opportunity Preaward Clearance of APR 84
Subcontracts
52.222-35 Affirmative Action for Special Disabled and APR 84
Vietnam Era Veterans
52.222-36 Affirmative Action for Handicapped Workers APR 84
52.222-37 Employment Reports on Special Disabled Veterans JAN 88
and Veterans of the Vietnam Era
52.222-41 Service Contract Act of 1965, as Amended MAY 89
52.222-42 Statement of Equivalent Rates for Federal Hires MAY 89
52.223-2 Clean Air and Water APR 84
52.223-6 Drug-Free Workplace JUL 90
52.225-11 Restrictions on Certain Foreign Purchases MAY 92
52.227-1 Authorization and Consent (ALT I) JUL 95
52.227-2 Notice and Assistance Regarding Patent and APR 84
Copyright Infringement
52.227-10 Filing of Patent Applications - Classified Subject Matter APR 84
COST REIMBURSEMENT SERVICES
24
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SECTION I
N00039-96-C-0097
FAR SOURCE TITLE DATE
---------- ----- ----
52.228-7 Insurance-Liability to Third Persons MAR 96
52.232-9 Limitation on Withholding of Payments APR 84
52.232-17 Interest JUN 96
52.232-20 Limitation of Costs (automatically applies to fully funded CLINs) APR 84
52.232-22 Limitation of Funds (applies to incrementally funded CLINs) APR 84
52.232-23 Assignment of Claims JAN 86
52.232-25 Prompt Payment MAR 94
52.232-28 Electronic Funds Transfer Payment Methods APR 89
52.233-1 Disputes OCT 95
52.233-3 Protest After Award - ALT I (JUN 85) OCT 95
52.237-3 Continuity of Services JAN 91
52.242-1 Notice of Intent to Disallow Costs APR 84
52.242-13 Bankruptcy JUL 95
52.243-2 Changes-Cost Reimbursement - (ALT II) AUG 87
52.243-7* Notification of Changes APR 84
52.244-2 Subcontracts (Cost Reimbursement and Letter MAR 96
Contracts) (ALT I) (95 JUL)
52.244-5 Competition in Subcontracting JAN 96
52.245-5 Government Property (Cost Reimbursement, JAN 86
Time and Material or Labor Hour Contracts)(DEV JUL 95)
52.246-25 Limitation of Liability - Services APR 84
52.247-63 Preference for U.S. Flag Air Carriers APR 84
52.249-6 Termination (Cost Reimbursement) MAY 86
52.249-14 Excusable Delays APR 84
52.251-1 Government Supply Sources APR 84
52.253-1 Computer Generated Forms JAN 91
*Paragraph (b)-30 days, paragraph (d)-60 days
COST REIMBURSEMENT SERVICES
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SECTION I N00039-96-C-0097
II. DOD FEDERAL ACQUISITION REGULATION SUPPLEMENT (48 CFR CHAPTER 2) CLAUSES
FAR
SUPPLEMENT TITLE DATE
---------- ----- ----
252.201-7000 Contracting Officer's Rep DEC 91
252.203-7000 Statutory Prohibitions on Compensation NOV 95
to Former Department of Defense Employees
252.203-7001 Special Prohibition on Employment NOV 95
252.203-7002 Display of DOD Hotline Poster DEC 91
252.204-7000 Disclosure of Information DEC 91
252.204-7003 Control of Government Personnel Work Produc APR 92
252.205-7000 Provision of Information to Cooperative DEC 91
Agreement Holders
252.209-7000 Acquisitions from Subcontractors Subject NOV 95
to On-Site Inspection Under the Intermediate-
Range Nuclear Forces (INF) Treaty
252.209-7004 Reporting of Commercial Transactions with SEP 94
the Government of a Terrorist Country
252.211-7000 Acquisition Streamlining DEC 91
252.215-7000 Pricing Adjustment DEC 91
252.219-7005* Incentive for Subcontracting With Small
Businesses, Small Disadvantaged Businesses,
Historically Black Colleges and Universities,
and Minority Institutions NOV 95
252.223-7004 Drug-Free Work Force SEP 88
252.225-7025 Foreign Source Restrictions APR 93
252.225-7026 Reporting of Contract Performance NOV 95
Outside the United States
252.225-7031 Secondary Arab Boycott of Israel JUL 92
252.231-7000 Supplemental Cost Principles DEC 91
* 1%
COST REIMBURSEMENT SERVICES
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SECTION I N00039-96-C-0097
FAR
SUPPLEMENT TITLE DATE
---------- ----- ----
252.232-7006 Reduction or Suspension of Contract Payments AUG 92
Upon Finding of Fraud
252.233-7000 Certification of Claims and Requests for MAY 94
Adjustment or Relief
252.245-7001 Reports of Government Property MAY 94
252.249-7001 Notification of Substantial Impact on Employment DEC 91
252.251-7000 Ordering from Government Supply Sources MAY 95
REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY-MODIFICATION (SEP 95) (FAR
52.203-9)
(a) Definitions. The definitions set forth in FAR 3.104-4 are hereby
incorporated in this clause.
(b) The Contractor agrees that it will execute the certification set forth in
paragraph (c) of this clause when requested by the contracting officer in
connection with the execution of any modification of this contract.
(c) Certification. As required in paragraph (b) of this clause, the officer
or employee responsible for the modification proposal shall execute the
following certification:
CERTIFICATE OF PROCUREMENT INTEGRITY-MODIFICATION (NOV 90)
(1) I, _____________________ am the officer or employee responsible for the
{Name of certifier}
preparation of this modification proposal and hereby certify that, to the
best of my knowledge and belief, with the exception of any information described
in this certification, I have no information concerning a violation or possible
violation of subsection 27(a), (b), (d), or (f) of the Office of Federal
Procurement Policy Act, as amended* (41 U.S.C. 423), (hereinafter referred to
as "the Act"), as implemented in the FAR, occurring during the conduct of this
procurement _______________________________ (contract and modification number).
*Subsections 27(a), (b), and (d) are effective on December 1, 1990. Subsection
27(f) is effective on June 1, 1991.
(2) As required by subsection 27(e)(1)(B) of the Act, I further certify that
to the best of my knowledge and belief, each officer, employee, agent,
representative, and consultant of {Name of offeror}
27
28
SECTION I N00039-96-C-0097
who has participated personally and substantially in the preparation
or submission of this proposal has certified that he or she's familiar with,
and will comply with, the requirements of subsection 27(a) of the Act, as
implemented in the FAR, and will report immediately to me any information
concerning a violation or possible violation of subsections 27(a), (b) (d), or
(f) of the Act, as implemented in the FAR, pertaining to this procurement.
(3) Violations or possible violations: (Continue on plain bond paper if
necessary and label Certificate of Procurement Integrity-Modification
(Continuation Sheet), ENTER "NONE" IF NONE EXISTS) __________________________
_______________________________________ {Signature of the officer or employee
responsible for the modification to proposal and date}
_____________________________________________________________________________
{Typed name of the officer or employee responsible for the modification
proposal}
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF
THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT
CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER XXXXX 00,
XXXXXX XXXXXX CODE, SECTION 1001.
(End of certification)
(d) In making the certification in paragraph (2) of the certificate, the
officer or employee of the competing Contractor responsible for the offer or
bid, may rely upon a one-time certification from each individual required to
submit a certification to the competing Contractor, supplemented by periodic
training. These certifications shall be obtained at the earliest possible date
after an individual required to certify begins employment or association with
the contractor. If a contractor decides to rely on a certification executed
prior to the suspension of section 27 (i.e., prior to December 1, 1989), the
Contractor shall ensure that an individual who has so certified is notified
that section 27 has been reinstated. These certifications shall be maintained
by the Contractor for a period of 6 years from the date a certifying employee's
employment with the company ends or, for an agency, representative, or
consultant, 6 years from the date such individual ceases to act on behalf of
the contractor.
(e) The certification required by paragraph (c) of this clause is a material
representation of fact upon which reliance will be placed in executing this
modification.
TRANSPORTATION OF SUPPLIES BY SEA (NOV 95) (DFARS 252.247-7023)
(a) Definitions. As used in this clause--
(1) "Components" means articles, materials, and supplies
incorporated directly into end
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SECTION I N00039-96-C-0097
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) The Contractor shall employ U.S.-flag vessels in the transportation by
sea of any supplies to be furnished in the performance of this contract. 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;
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SECTION I N00039-96-C-0097
(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.
(c) 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. Request 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 messages
or letters will be sufficient for this purpose.
(d) The contractor shall, within (30) days after each shipment covered by this
clause, provide the Contracting Officer and the Division of National Cargo,
Office of Market Development, Maritime Administration, U.S. Department of
Transportation, Xxxxxxxxxx, XX 00000, one copy of the rated on board vessel
operating carrier's ocean xxxx 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;
30
31
SECTION I N00039-96-C-0097
(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 the steamship company.
(e) The Contractor agrees to 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
DESCRIPTION LINE ITEMS QUANTITY
TOTAL
(f) 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 the performance of
this contract, the Contracting Officer is entitled to equitably adjust the
contract, based on the unauthorized use.
(g) The Contractor shall include this clause, including this paragraph (g) in
all subcontracts under this
31
32
SECTION I N00039-96-C-0097
contract, which exceed the small purchase limitation of section 13.000 of the
Federal Acquisition Regulation.
NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (NOV 95 (DFARS 252.247-7024)
(a) The Contractor has indicated by the response to the solicitation
provision, Representation of Extent of Transportation by Sea, that it did not
anticipate transporting by sea any supplies. If, however, after the award of
this contract, the Contractor learns that supplies, as defined in the
Transportation of Supplies by Sea clause of this contract, will be transported
by sea, the Contractor--
(1) Shall notify the Contracting Officer of the fact; and
(2) Hereby agrees to comply with all the terms and conditions of the
Transportation of Supplies by Sea clause of this contract.
(b) The Contractor shall include this clause, including this paragraph (b),
revised as necessary to reflect the relationship of the contracting parties, in
all subcontracts hereunder.
SECTION J - LIST OF ATTACHMENTS
Attachment A - Financial Accounting Data Sheet
Attachment B - Statement of Work for Management and Program Support
Services for Program Directorate (PD) 70, dated 22 June 1995
Attachment C - Contract Security Classification Specification, DD Form 254
32
33
FINANCIAL ACCOUNTING DATA SHEET - NAVY
-------------------------------------------------------------------------------------------------------------------------------
1. CONTRACT NUMBER (Critical) 2. SPIIN (Critical) 3. MOD (Critical) 4. PR NUMBER
N0003996CO097 000 N0003995PRE8001 1
-------------------------------------------------------------------------------------------------------------------------------
5. 6. LINE OF ACCOUNTING
----------------------------------------------------------------------------------------------------------------
A. B. C. D. E. F. G. H. I. J.
CLIN/SLIN ACRN APPROPRIATION SUBHEAD OBJ PARM RFM SA AAA TT PAA
(Crit) (Critical) (Crit) CLA (Crit)
-------------------------------------------------------------------------------------------------------------------------------
0001 AB AA 1761810 52NN 000 EA 176 0 068342 2D 000000
0002 AB AA 1761810 52NN 000 EA 176 0 068342 2D 000000
0003 AB AA 1761810 52NN 000 EA 176 0 068342 2D 000000
-------------------------------------------------------------------------------------------------------------------------------
501
----------------------------------------------------------------------
PAGE 1 OF 1
----------------------------------------------------------------------
7.
-------------------------
K. NAVY INTERNAL
COST CODE AMOUNT USE ONLY TAC
------------------------- (Critical) REF DOC/ACRN CODE
PROJ
UNIT MCC &SUF
----------------------------------------------------------------------
NN103 ETS 0000 44,300.00 N0003996AFN52NN N880
NN103 ETS 0000 1,500.00 N0003996AFN52NN N880
NN103 ETS 0000 800.00 N0003996AFN52NN N880
----------------------------------------------------------------------
No changes to this Document are Authorized without
prior consent of Authorizing Official below.
OBLIGATIONS OF FUNDS ARE AUTHORIZED IN AMOUNTS SHOWN IN COLUMN 7 ABOVE Page Total 46,600.00
Grand Total 46,600.00
--------------------------------------------------------------------------------------------------------------------------------
PREPARED/AUTHORIZED BY: COMPTROLLER APPROVAL: /s/ XXXXXXX X. XXXXXXXXX
Xxxxxx X. Xxxxx, Accounting Officer
DATE: 8/27/96 XXXXX X. XXXXXXX DATE 8/27/96 Phone: (000)000-0000 Fax: (000)000-0000
--------------------------------------------------------------------------------------------------------------------------------
XXXXXXX X. XXXXXXXXX
SUPERVISOR OPERATING ACCOUNTANT
34
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DEPARTMENT OF DEFENSE 1. CLEARANCE AND SAFEGUARDING
CONTRACT SECURITY CLASSIFICATION SPECIFICATION -----------------------------------------------------------------------
(THE REQUIREMENTS OF THE DOD INDUSTRIAL SECURITY a. FACILITY CLEARANCE REQUIRED SECRET
MANUAL APPLY TO ALL SECURITY ASPECTS OF THIS -----------------------------------------------------------------------
EFFORT.) b. LEVEL OF SAFEGUARDING REQUIRED SECRET
------------------------------------------------------------------------------------------------------------------------------------
2. THIS SPECIFICATION IS FOR: (x and complete as 3. THIS SPECIFICATION IS: (x and complete as applicable)
applicable)
------------------------------------------------------------------------------------------------------------------------------------
X a. PRIME CONTRACT NUMBER X a. ORIGINAL (Complete date in all DATE(YYMMDD)
N00039-96-C-0097 cases) 940928
------------------------------------------------------------------------------------------------------------------------------------
b. SUBCONTRACT NUMBER b. REVISED (Supersedes REVISION NO. DATE(YYMMDD)
all previous specs)
------------------------------------------------------------------------------------------------------------------------------------
X c. SOLICITATION OR OTHER NUMBER DUE DATE(YYMMDD) c. FINAL (Complete item 5 in all cases) DATE(YYMMDD)
N00039-95-R-0049(Q) 19AUG96 960816
------------------------------------------------------------------------------------------------------------------------------------
4. IS THIS A FOLLOW-ON CONTRACT? [X] YES [ ] No. If YES, complete the following:
Classified material received or generated under N00039-93-C-0122 (Preceding Contract Number)
---------------------------------
is transferred to this follow-on contract
------------------------------------------------------------------------------------------------------------------------------------
5. IS THIS A FINAL DD FORM 254? [ ] Yes [X] NO. If Yes, complete the following:
In response to the contractor's request dated retention of the identified classified material is
------------------------
authorized for the period of
------------------------
------------------------------------------------------------------------------------------------------------------------------------
6. CONTRACTOR (Include Commercial and Government Entity (CAGE) Code)
------------------------------------------------------------------------------------------------------------------------------------
a. Name, Address, And Zip Code x. XXXX CODE c. COGNIZANT SECURITY OFFICE (Name, Address, and Zip Code)
Advanced Communications Systems Defense Investigative Service
00000 Xxx Xxxxxxx 0000 Xxxxxxxxxx Xxx
Xxxxxxxxxx, Xx 00000
Xxxxxxx, Xx 00000 2X691
------------------------------------------------------------------------------------------------------------------------------------
7. SUBCONTRACTOR
------------------------------------------------------------------------------------------------------------------------------------
a. Name, Address, And Zip Code x. XXXX CODE c. COGNIZANT SECURITY OFFICE (Name, Address, and Zip Code)
------------------------------------------------------------------------------------------------------------------------------------
8. ACTUAL PERFORMANCE
------------------------------------------------------------------------------------------------------------------------------------
a. Location x. XXXX CODE c. COGNIZANT SECURITY OFFICE (Name, Address, and Zip Code)
------------------------------------------------------------------------------------------------------------------------------------
9. GENERAL IDENTIFICATION OF THIS PROCUREMENT
------------------------------------------------------------------------------------------------------------------------------------
PROVIDE MANAGEMENT AND SUPPORT SERVICES FOR PD17
------------------------------------------------------------------------------------------------------------------------------------
10. THIS CONTRACT WILL REQUIRE Yes No 11. IN PERFORMING THIS CONTRACT, THE CONTRACTOR WILL: Yes No
ACCESS TO:
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A. COMMUNICATIONS SECURITY A. HAVE ACCESS TO CLASSIFIED INFORMATION ONLY AT ANOTHER
(COMSEC) INFORMATION X CONTRACTOR'S FACILITY OR A GOVERNMENT ACTIVITY X
------------------------------------------------------------------------------------------------------------------------------------
B. RESTRICTED DATA X B. RECEIVED CLASSIFIED DOCUMENTS ONLY X
------------------------------------------------------------------------------------------------------------------------------------
C. CRITICAL NUCLEAR WEAPON C. RECEIVE AND GENERATE CLASSIFIED MATERIAL X
DESIGN INFORMATION X
------------------------------------------------------------------------------------------------------------------------------------
D. FORMERLY RESTRICTED DATA X D. FABRICATE, MODIFY, OR STORE CLASSIFIED HARDWARE X
------------------------------------------------------------------------------------------------------------------------------------
E. INTELLIGENCE INFORMATION: X E. PERFORM SERVICES ONLY X
------------------------------------------------------------------------------------------------------------------------------------
(1) Sensitive Compartmented F. HAVE ACCESS TO U.S. CLASSIFIED INFORMATION OUTSIDE THE U.S.,
Information (SCI) X PUERTO RICO, U.S. POSSESSIONS AND TRUST TERRITORIES X
------------------------------------------------------------------------------------------------------------------------------------
(2) Non-SCI X G. BE AUTHORIZED TO USE THE SERVICES OF DEFENSE TECHNICAL
INFORMATION CENTER (DTIC) OR OTHER SECONDARY DISTRIBUTION CENTER X
------------------------------------------------------------------------------------------------------------------------------------
F. SPECIAL ACCESS INFORMATION X H. REQUIRE A COMSEC ACCOUNT X
------------------------------------------------------------------------------------------------------------------------------------
G. NATO INFORMATION X I. HAVE TEMPEST REQUIREMENTS X
------------------------------------------------------------------------------------------------------------------------------------
H. FOREIGN GOVERNMENT J. HAVE OPERATIONS SECURITY (OPSEC) REQUIREMENTS X
INFORMATION X
------------------------------------------------------------------------------------------------------------------------------------
I. LIMITED DISSEMINATION K. BE AUTHORIZED TO USE THE DEFENSE COURIER SERVICE X
INFORMATION X
------------------------------------------------------------------------------------------------------------------------------------
J. FOR OFFICIAL USE ONLY L. OTHER
INFORMATION X (Specify)
-----------------------------------------------------
K. OTHER (Specify)
------------------------------------------------------------------------------------------------------------------------------------
DD Form 254 DEC 90 Previous editions are obsolete
35
------------------------------------------------------------------------------------------------------------------------------------
12. PUBLIC RELEASE. Any information (classified or unclassified) pertaining to this contract shall be released for public
dissemination except as provided by the Industrial Security Manual or unless it has been approved for public release by appropriate
U.S. Government authority. Proposed public releases shall be submitted for approval prior to release
[ ] Direct [X] Through (Specify)
COMMANDER SPACE AND NAVAL WARFARE SYSTEMS COMMAND
(SPAWAR OOL) 0000 XXXXXXX XXXXX, XXXXXXXXX, XX 00000-0000
to the Directorate for Freedom of Information and Security Review, Office of the Assistant Secretary of Defense
(Public Affairs) *for review.
In the case of non-DOD User Agencies, requests for disclosure shall be submitted to that agency.
------------------------------------------------------------------------------------------------------------------------------------
13. SECURITY GUIDANCE. The security classification guidance needed for this classified effort is identified below. If any
difficulty is encountered in applying this guidance or if any other contributing factor indicates a need for changes in this
guidance, the contractor is authorized and encouraged to provide recommended changes; to challenge the guidance or the
classification assigned to any information or material furnished or generated under this contract; and to submit any questions for
interpretation of this guidance to the official identified below. Pending final decision, the information involved shall be handled
and protected at the highest level of classification assigned or recommended. (Fill in as appropriate for the classified effort.
Attach, or forward under separate correspondence, any documents/guides/extracts referenced herein. Add additional pages as needed
to provide complete guidance.)
MATERIAL GENERATED UNDER THIS CONTRACT SHALL PERPTUATE THE CLASSIFICATION/DOWNGRADING/DECLASSIFICATION OF SOURCE MATERIAL. THE
HIGHEST CLASSIFICATION FOR THIS CONTRACT IS SECRET.
VISIT REQUEST TO ACTIVITIES OTHER THAN COMSPAWARSYSCOM (PD 17) SHALL HAVE "NEED-TO-KNOW" CERTIFIED BY
COMSPAWARSYSCOM (PMW 176).
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ESTIMATED COMPLETION DATE COGNIZANT COTR//PROGRAM MANAGER, NAME, CODE, TEL. NO.
------------------------------------------------------------------------------------------------------------------------------------
30 SEPTEMBER 2000 CAPT XXXXXX, PMW 176 602-3950
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14. ADDITIONAL SECURITY REQUIREMENTS. Requirements, in addition to ISM requirements, are established for this contract.
[ ] YES [X] NO
(If Yes, identify the pertinent contractual clauses in the contract document itself, or provide an
appropriate statement which identifies the additional requirements.
Provide a copy of the requirements to the cognizant security office.
Use Item 13 if additional space is needed.)
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15. INSPECTIONS. Elements of this contract are outside the inspection responsibility of the cognizant security office.
[ ] YES [X] NO
(If Yes, explain and identify specific areas or elements carved out and the activity responsible for inspections. Use Item 13 if
additional space is needed.)
See Item 13
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16. CERTIFICATION AND SIGNATURE. Security requirements stated herein are complete and adequate for safeguarding the classified
information to be released or generated under this classified effort. All questions shall be referred to the official named below.
------------------------------------------------------------------------------------------------------------------------------------
a. Typed name of certifying b. TITLE c. TELEPHONE (Include Area Code)
official 000-000-0000
Xxxxxxxxx X. xxxxx CONTRACTING OFFICER FOR SECURITY MATTERS
------------------------------------------------------------------------------------------------------------------------------------
d. ADDRESS (Include Zip Code) 17. REQUIRED DISTRIBUTION
COMMANDER [X] a. CONTRACTOR
---------
SPACE AND NAVAL WARFARE SYSTEMS COMMAND, (07-2) [ ] b. SUBCONTRACTOR
---------
0000 XXXXXXX XXXXX, XXXXXXXXX, XX 00000-0000 [X] c. COGNIZANT SECURITY OFFICE FOR PRIME AND SUBCONTRACTOR
--------------------------------------------------------------
e. SIGNATURE [ ] d. U.S. ACTIVITY RESPONSIBLE FOR OVERSEAS SECURITY ADMINISTRATION
---------
[X] e. ADMINISTRATIVE CONTRACTING OFFICER
---------
[X] f. OTHERS AS NECESSARY
[SIG] 8/16/96
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DD Form 254 Reverse, DEC 90
36
STATEMENT OF WORK
FOR
MANAGEMENT AND PROGRAM SUPPORT SERVICES FOR
PROGRAM DIRECTORATE (PD) 70
22 JUNE 1995
ATTACHMENT "A"
37
STATEMENT OF WORK
1.0 SCOPE
This Statement of Work identifies program and financial management support
efforts required to support the Integrated Command, Control, Communications,
Computers, and Intelligence (C4I) Systems Program Directorate (PD 70) to include
staff codes and PMWs. To accomplish this SOW, the contractor shall have
extensive experience in program management (especially as applicable to
satellite communications and submarine communications), financial management,
cost analysis, information management, foreign military sales, installation and
inventory management, and configuration management.
1.1 BACKGROUND
The C4I Directorate manages efforts in the Department of the Navy relating
to Advanced Command, Control and Communications Systems and Applications,
Transmission, Display, Satellite Communications, Submarine Communications,
Strategic and Tactical Communications, Meteorological, Navigation,
Environmental, Electronic Combat Surveillance Systems, and Data Links; and is
responsible for directing and supervising the establishment of requirements;
assuring that delivery of material meets schedules; assuring the procurement of
plans for installation of SPAWAR equipment/systems are in agreement with command
commitments; and reporting the status of progress to participating activities.
The requirement for intensive management to coordinate, integrate, and
interface development, production, and deployment dictates that a diversity of
manpower resources be available to assist the individual project leaders in the
project offices as an aggregate.
1.2 PERFORMANCE REQUIREMENTS
This is an on-going level of effort contract requiring continuous support
from the contractor. The contractor shall be familiar with the organizational
functions and responsibilities of PD 70 and be capable of accepting explicit
technical directions from, responsibility and providing detailed management
support to, the PD 70 organizational elements.
1.2.1 PERFORMANCE STRUCTURE
Work performed by each organizational element within PD 70 is divided into
programs and projects to facilitate acquisition management. Accordingly, the
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38
contractor support function will be categorized into specific functions under
the sponsorship of a major organizational element. The contractor shall
establish an effective and efficient organization for this program and
management support effort and be capable of assuring a quick response capability
to PD 70. The contractor shall provide program management and financial
management support to the PD 70 elements as outlined in this SOW and as further
defined and amplified through the issuance of technical direction. The level of
effort associated with this contract will be relatively constant, subject to
minor fluctuations to accommodate short-term, quick-reaction projects or tasks.
This level of effort is designed to permit the contractor to employ a
professional/support work force, who will be dedicated to PD 70 and who will
become knowledgeable of, and proficient in, the various PD 70 projects, thereby
increasing the value of the service received under the contract.
2.0 APPLICABLE DOCUMENTS
SPAWARINST 5430.1C Organizational Manual for SPAWAR
SPAWARINST 4200.26A Procedures for Effective Acquisition of
SPAWAR Systems, Equipment and Support
Services
SPAWARINST 4400.9 Planning/Budgeting for Initial Supply
System
SPAWARINST 4720.3 FMP Responsibilities
SPAWARINST 5040.4B Data Requirements Review Board
SPAWARINST 5200.16A Data Management Plan
SPAWARINST 5200-22 Computer Resources Acquisition
Management
SPAWARINST 5200-23 Computer Software Life Cycle Management
Guide
SPAWARINST 7000.13 Cost and Schedule Reporting
SPAWARINST 7300.6B Accounting Guidance Manual
SPAWARINST 7720.4A Cost Estimating and Analysis Program
NAVCOMPT Manual Volume VII
MIL-M-9868 Microfilming of Engineering Documents,
35mm, Requirements for
DOD-STD-100 Engineering Drawing Practices
MIL-STD-961 Outline of Forms and Instructions for
the Preparation of Specifications and
Associated Documents
MIL-STD-962 Outline of Forms and Instructions for
the Preparation of Military Standards
and Military Handbooks
3
39
MIL-STD-5231.1C Life Cycle Management and Approval
Requirements for Information Systems
Projects
SECNAVINST 5200.2A Implementation of Defense Acquisition
Management Policies, Procedures,
Documentation and Reports
DI-A-5001A Data Item Description
3.0 REQUIREMENTS
Upon contract award, the contractor will initiate work efforts as directed
in specific technical directions. The technical directions will provide specific
instructions to clarify work, deliverables, schedules, and reporting
requirements.
3.1 Program Management Support
The contractor shall provide program management support for the PD70 Integrated
Command, Control, Communications, Computers and Intelligence (C41) project and
staff offices to include: operational requirements interpretation and analyses;
project planning, control and reporting; work process analyses; business process
reengineering; life cycle management and support analyses; acquisition technical
package generation; technical library support; and program data management. This
support shall be required for all phases of acquisition: research and
development, production and operational maintenance and support phases. Specific
tasking shall include but not be limited to:
a. The contractor shall provide management support for systems, sub-systems and
equipment during feasibility assessment, development, production, testing,
fielding and life cycle support. These support services shall include
monitoring project status, providing management status, analyzing management
providing management systems for monitoring project analyzing management
alternatives, providing resource allocation options in response to changing
requirements or system performance.
b. The contractor shall provide data management support services for programs,
projects and prime development or production contracts. These services shall
include establishing and maintaining Contract Data Requirements List (CDRL)
tracking capabilities; reviewing program, project or contract data for program
impact, conformity to requirements, analyses of status; maintaining a technical
library for program, project and contract data.
c. The contractor shall generate prime contract technical package documentation
to conform to program requirements (statutory, regulatory and contractual) for
acquisition of development and production systems, sub-systems and equipments.
4
40
d. The contractor shall provide and maintain the management capabilities to
review programs and projects against operational, technical and regulatory
performance criteria; and to support program/project audits.
e. The contractor shall analyze work processes, recommend alternatives, and
assess impacts of internal and external process changes that may impact the
execution of the project.
f. The contractor shall generate management applications for groupware
utilization. These applications will reflect work process changes that
transition manual work flow to computer-based processes. These applications may
be for use on any management process identified in paragraph 3.1.
g. The contractor shall attend meetings and prepare reports in support of the
program/project office in accomplishing the above tasks. The contractor will
interact with various SPAWAR offices, field activities, and other government
agencies in accomplishing the above tasks.
h. The contractor shall prepare visual and written briefing materials in support
of the program/project office in accomplishing the above tasks.
i. The contractor shall provide management support in the preparation of draft
position descriptions for civilian personnel. The contractor shall prepare these
documents in accordance with specific guidance provided within the technical
direction.
3.1.1 DELIVERABLE PRODUCT
The contractor shall provide assessments, special analyses, asset reports,
schedules, interdependency networks, block diagrams, hardware delivery
schedules, draft position descriptions, and briefing materials (view graphs and
hard copies) in the area of Program Management Support.
3.1.2 SCHEDULE
Documents are to be delivered as stated in the specific technical
directions.
3.2 FINANCIAL MANAGEMENT SUPPORT
The contractor shall furnish technical and management support for
investigations and reports (to include a quick reaction capability) relating to
the DoD planning, programming, budgeting system, budget execution, acquisition
planning and analysis, and automated data processing. The contractor shall:
5
41
a. Prepare, coordinate, consolidate, and assemble backup documentation from
existing acquisition planning, technical data rationale, detailed system
descriptions, and cost analyses.
b. Assemble, from existing data budget hearing review books and backup
material, information for budget submissions.
c. Assemble and maintain current budget implementation planning data.
d. Assemble and maintain status of out-year resource funding requirements,
and provide assistance in POM preparation.
e. Maintain, update, and improve the data base for the PD 70 business/
financial management information system.
f. Operate the PD 70 Information Management Systems (IMS) in accordance
with the effort described in paragraph 3.2.e above.
g. Review and analyze financial documentation.
3.2.1 DELIVERABLE PRODUCTS
The contractor shall provide written assessments of the financial impact on
program development, budget hearing review books, status of resources
programmed, revisions to Budget Implementation Planning Data, reports of
variances in actual and planned encumbrances and obligations, reports of funds
expenditure and program impact when significant variations are detected in
program cost or schedule, procurement summaries, an automated financial data
base, operation of the PD 70 IMS, and reports detailing advanced planning,
programming, budgeting, execution and financial review data. Specific
deliverable products are as follows:
a. Based on inputs provided by PD 72P and the various PMW budget analysts,
update and publish a summary of all work efforts by task and a PD 72P
procurement status, which will serve as a base from which internal and external
financial reports are derived and will provide an audit trail of financial
transactions.
b. Prepare PD 70 level, and as directed, PMW level financial reports
including financial status, obligation status, documentation status and contract
action summaries. Prepare material for the PD 70 monthly High Interest Program
Review.
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42
3.2.2 SCHEDULE
Budget Implementation Planning Data shall be updated annually; procurement
summaries, financial review data, and variance reports bi-weekly. Other reports
are to be delivered as stated in specific technical directions.
3.3 COST ANALYSIS
Cost/Schedule analysis shall be undertaken to monitor progress and changes
in the contractor's cost and schedule performance. Analysis followed by reports
shall be prepared to establish information that can be used in the planning and
management of programs. The information shall permit both estimating of
realistic program costs and schedules, and control of costs and schedules of
ongoing work. Specific tasks include the following:
a. Provide independent assessments of contractor cost, schedule, and
technical performance. Develop documentation to assess accomplishment and
performance objectives, and provide recommendations for corrective action, when
applicable.
b. Provide independently developed estimates of contract cost at
completion.
c. Monitor and evaluate the adequacy of contract funding for development,
production, engineering, training, and software contracts.
d. Evaluate the process of Engineering Change Proposal development and
assess the cost and schedule impact of Engineering Changes to program and
manufacturing schedules.
e. Develop cost and time estimates for the development, production,
fielding and operation of systems in terms of time, labor, material data, and
other factors through the use of cost models, engineering and manufacturing
inputs, program data, and other inputs.
f. Conduct analyses to assess impacts and risks on programs resulting from
external decisions such as budget or delivery schedule changes, directed
acquisition strategy, or changes in the procurement policies and regulations.
3.3.1 DELIVERABLE PRODUCTS
The contractor shall provide assessments, estimates, evaluation and impact
studies in the area of cost/schedule assessment and cost estimating for the
various programs under PD 70's cognizance.
7
43
3.3.2 SCHEDULE
Documents are to be delivered as stated in the specific technical
direction.
3.4 INFORMATION MANAGEMENT SUPPORT
The contractor shall provide information system design and application
developments as directed by, and as required by PD 70, and/or various individual
PD70 Program Directors, PMWs or matrix codes. These services shall consist of
application design, installation, maintenance, and local area network services
to ensure application(s) functionality. Data Entry services for the various
applications shall be provided, if required in the Program Directorate office
and in the contractor's office. Backup local area network services shall be
provided, if required by PD 70 or its various PMWs or functional organizations
to ensure total integration of software applications into PD 70 LAN system.
3.4.1 DELIVERABLE PRODUCTS
The contractor shall provide when required,
a. Software design applications
b. Software integration services
c. Software maintenance services
d. LAN integration and maintenance
3.4.2 SCHEDULE
The contractor shall deliver software design and other services as
specified in individual technical directions.
3.5 FOREIGN MILITARY SALES SUPPORT
The contractor shall provide foreign military sale support (FMS). In
accomplishing this task, the contractor shall provide one or more of the
following services as specified by individual technical directions.
3.5.1 PROJECT MONITORING AND REPORTING
The contractor shall monitor and track project status for FMS projects. The
monitoring shall address time phasing of critical events/milestones and
resources
8
44
required to meet objectives. The monitoring shall provide the Government with
the capability to assess status of program goals, and validity of proposed
schedules and cost estimates. The contractor shall participate in FMS program
and country program reviews as required and assist the FMS case managers in
tracking and reporting on actions resulting from these reviews.
3.5.1.1 DELIVERABLE PRODUCTS
To satisfy the requirements of paragraph 3.5.1, the contractor shall:
a. Deliver reports identifying project status and the time phasing of
critical events/milestones.
b. Generate briefing and presentation materials to include bubble charts,
XXXX charts, and financial summary charts for FMS program and country reviews.
3.5.1.2 SCHEDULE
As required in individual task statements.
3.5.2 FINANCIAL MANAGEMENT
The contractor shall perform financial accounting services for specified
FMS cases and shall establish a financial management control system to track
requisitions, funding documents, and contracts resulting from implemented FMS
cases. This system will provide information regarding initiations, obligations,
and available funding at the requisition, line item, and case level. The
contractor shall maintain and interpret various FMS accounting reports generated
from Management Information System for International Logistics (MISIL) and
Standard Accounting and Reporting System (STARS) and assist the FMS case
managers in reconciliation of financial records. The contractor shall develop
revised Price and Availability (P&A) data to support FMS case modifications and
amendments.
3.5.2.1 DELIVERABLE PRODUCTS
To satisfy the requirements of paragraph 3.5.2, the contractor shall
deliver the following:
a. Financial Management Reports for specified FMS cases.
b. Revised P&A data for specified FMS cases.
c. Correspondence regarding FMS funding levels and reconciliation efforts.
9
45
3.5.2.2 SCHEDULE
As required in individual technical directions.
3.5.3 CONFIGURATION MANAGEMENT
The contractor shall establish, maintain, and update configuration
management data files for FMS systems and equipment. The contractor shall
provide information on Software Change Proposals (SCP), Engineering Change
Proposals (ECP), System Trouble Reports (STR), and documentation updates
affecting FMS cases.
3.5.3.1 DELIVERABLE PRODUCTS
To satisfy the requirements of paragraph 3.5.3, the contractor shall
deliver the following:
a. Equipment configuration management data base for specified countries.
The data base is to include, NSN, ECP, documentation, field change, and delivery
information for various equipment being procured by foreign countries through
the FMS program.
b. Correspondence relating to configuration management matters.
3.5.3.2 SCHEDULE
As required in individual technical directions.
3.6 INSTALLATION AND INVENTORY MANAGEMENT
The contractor shall perform inventory and installation management for
equipment and systems. In accomplishing this task, the contractor shall:
a. Generate installation plans for equipment and systems. The contractor
shall generate regular reports identifying equipment requirements, shipping
schedules, contractor delivery schedules, and installations planned and
completed.
b. Review SHIPALT proposals required to install equipment and systems
including SHIPALT proposals prepared by other activities. The contractor shall
recommend changes and action based on the review of SHIPALT documentation.
c. Maintain a SHIPALT data base and reporting system describing the status
of SHIPALT documentation including Proposed Military Improvements, Proposed
Technical Improvements, Justification/Cost Forms, Ship Alteration Records,
drawing
10
46
developments as well as financial information pertinent to the Fleet
Modernization Program.
d. Review Installation Control Drawings, Ship Installation Drawings,
equipment testing procedures, Shipboard Operational Verification Test plans, and
Pre-Installation Test and Checkout requirements. The contractor shall recommend
changes and action based on review.
e. Determine the ability to execute the Fleet Communications Planning and
Programming (FCPP) program by analysis of budget data, Alteration Installation
Team plans, Fleet Maintenance Program Management Information System information,
Ship Project Directives, SHIPALT documentation and the equipment availability
situation. The contractor shall report on the analysis and recommend action to
improve implementation of the FCPP based on results of the analysis.
f. Analyze problems experienced during installation of equipment and
systems. The contractor shall recommend action to resolve installation problems
including modification of installation procedures, logistic support
improvements, engineering/design changes, and documentation changes and
additions.
g. Maintain inventory records and installation plans using a data base
program compatible with government systems. The contractor shall participate in
data links with SPAWAR activities and shall utilize his own equipment to
communicate via modem.
h. Maintain financial records associated with SCN installations and review
Ship Project Directives.
i. Review Alteration Installation Team (AIT) involvement in the
installation of equipment. The contractor shall recommend AIT schedules,
generate AIT tasking documents and track AIT installations.
3.6.1 DELIVERABLE PRODUCTS
The contractor shall deliver plans and reports as specified in individual
task orders.
3.6.2 SCHEDULE
The schedule for deliverables will be defined in the specific technical
directions.
3.7 CONFIGURATION MANAGEMENT
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The contractor shall furnish technical and management support resources for
studies, analyses, reports and technical documentation related to configuration
management. The contractor shall:
a. Analyze the currency of configuration management policy, procedures, and
reports. Recommend revisions to the configuration management documents.
b. Develop procedures for the management of contractual data to include:
requirements determination, schedule, quality inspection and acceptance,
distribution, disposition and maintenance. Monitor contractor performance for
quality and delivery on contractual data items to include development and
maintenance of a data item tracking system.
c. Develop procedures for the operation and maintenance of the document,
data, software media, and drawings libraries, including input, storage,
retrieval, disposition, classified material handling and change control.
d. Maintain master files created for tracking the status of new
requirements expressed by the operating forces and mission sponsors.
e. Contribute to the configuration control functions by reviewing
engineering change proposals, waivers and deviations. Formulate configuration
control board agenda. Attend Configuration Control Board Meetings with Navy
representatives and prepare technical documents to implement approved changes.
Establish, monitor and participate in configuration status accounting of both
hardware and software.
f. Create listings of proposed and/or approved configuration changes.
Determine and record the current status and planned schedule for completion of
each change.
g. Attend (with program representatives) planning, scheduling and technical
meetings conducted by industry and government and support the accomplishment of
objectives presented and their compliance with DOD policy and procedures
guidance.
h. Develop an identification and tracking system for the directorate for
the management of technical documentation specific in contracts/tasks. Extract
status information for each data item contracted for. Analyze the impact of late
delivery of technical documentation.
i. Review data management plans and schedules submitted by other
contractors and government agencies and analyze the impact of late delivery of
technical documentation.
j. Create a repository/library for baseline drawings. baseline documents,
interface
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documents, technical documents and other data delivered to the directorate as a
Contract Data Requirements List (CDRL) item. Generate listings of items
received, held, and disposed of.
k. Review configuration management proposals, studies, reports, statements
of work, plans, and procedures submitted to the directorate by activities
participating in Command Systems programs for conformance to configuration
management policy and procedures and evaluate the impact of on-going and future
program configuration management efforts.
l. Evaluate contractor development plans, configuration management
procedures, library controls, development procedures, quality assurance
programs, software support facility plans, and test plans and procedures for
adherence to contract requirements and intracompatibility in providing quality
control of the delivered and items, software, and related technical
documentation.
m. Review specifications, technical documentation, plans and other Contract
Data Requirements List (CDRL) items delivered from contracts. Identify
deviations from contractual requirements, schedules, specifications, and
standards. Analyze these deliverables for intracompatibility in delivering a
quality end item and all associated data.
n. Review coordination/control drawings and WSICDS, originated by other
contractors and government activities, for conformance to contractual
requirements, specifications, and standards. Contribute to the approval and
authentication process of control drawings referred to the directorate for
coordination.
o. Attend (with Program representatives) and evaluate the preliminary and
critical design reviews, software design walk-through, functional and physical
configuration audits, and acceptance testing. Develop agendas and formulate
reports of the proceedings; investigate problems, discrepancies and recommend
alternatives/solutions.
p. Develop inventory management procedures and maintain inventory status
for PD 70 hardware and software, to include: inventory control for
hardware/software, disposal of excess hardware, and temporary storage of
hardware.
3.7.1 DELIVERABLE PRODUCTS
The contractor shall deliver plans, reports, and studies as specified in
individual technical directions.
3.7.2 SCHEDULE
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The schedule for deliverables will be defined in the specific task
assignment.
4.0 REPORTING
The contractor shall prepare reports, including work progress, status of
assigned task, and cost reporting in accordance with DI-A-5001A. The reports
shall be submitted monthly beginning 15 days after the end of the first month of
the contract and shall be distributed as follows:
One copy each to PD 70A, PD 72P, PMW 176 and PMW 173.
The reports shall be typewritten on white paper, approximately 8.5" x 11"
and securely stapled at the left side. The reports shall include, but are not
limited to the following:
a. Contractor's name and address
b. Contract number
x. Xxxx of report
d. Title
e. Serial number of report
f. Period covered by report and Accounting Classification Reporting Number.
g. Description of progress made during period reported, including problem
areas encountered and recommendations, if any, for subsequent solution beyond
scope of this contract.
h. Results obtained related to previously identified problem areas.
i. Man-hours planned and expended for the reporting period and cumulatively
during the contract.
j. Cost curves portraying actual/projected conditions by line item and
cumulative for the contract.
k. Cost incurred for the reporting period and total contractual
expenditures as of reporting date, by line item accumulated and reported by task
and by line task.
i. Trips and signature results, if applicable.
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m. Contract schedule status.
n. Plans for activities during the following period, if applicable.
o. Name of person(s) preparing report, including telephone number.
Reports shall bear the signature of the individual task leader
preparing the report, as well as the signature of the program manager
reviewing the report, and the signature of the contractor's approving and
releasing authority. A final report at the completion of the contract is
required.
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