AWARD/CONTRACT - NCTC CONTRACTS

• Document Type: FOIA
• Keywords: RAILHEAD CONTRACT
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 0001499006
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 147
• Document Creation Date: June 22, 2015
• Document Release Date: July 17, 2008
• Case Number: F-2007-00164
• Publication Date: August 1, 2006

(b) (2)
(b) (3)
(b) (4)
1. THIS CONTRACT IS A RATED ORDER
15 CFR 350) -
UNDER DP
S
RATING
PAGE OF PAGES
AWARD/CONTRACT
A
(
1 55
2. CONTRACT (Proc. Inst. Ident) NO.
3. EFFECTIVE DATE
4. REQUISITION/PURCHASE REQUEST/PROJECT NO.
1 August 2006
5. ISSUED BY CODE
6. ADMINISTERED BY (If other than Item 6) CODE
For any question s, please call
EX; ZU505 Washington,
7. NAME AND ADDRESS OF CONTRACTOR (No. street, county, state and ZIP Code) 8. DELIVERY
SRI International FOB Destination
1771 Pine Hall Road 9. DISCOUNT FOR PROMPT PAYMENT
State College, PA 16801
10. SUBMIT INVOICES ITEM
(4 copies unless other-
wise specified) TO THE
FACILITY CODE ADDRESS SHOWN IN:
CODE
11. SHIP TO/MARK CODE 12. PAYMENT WILL BE MADE BY CODE
See contract clause G-3
13. AUTHORITY FOR USING OTHER FULL AND OPEN COMPETITION:
14. ACCOUNTING AND APPROPRIATION DATA
^ 10 U.S.C. 2304(c)( ) ? 41 U.S.C. 253(c)(
15A. ITEM NO.
15B. SUPPLIES/SERVICES
15C. QUANTITY
15D. UNIT
15E. UNIT PRICE
15F. AMOUNT
This contract may be executed in
counterparts, each which shall be deemed an
original, all of which together shall constitute
one and the same instrument. Facsimile
signatures will be regarded as authentic by all
parties.
DESCRIPTION
PART I - THE SCHEDULE
PAGE(S) (V) SEC.
DESCRIPTION
PART II - CONTRACT CLAUSES
X
A
SOLICITATION/CONTRACT FORM
3
X I CONTRACT CLAUSES 38-53
X
B
SUPPLIES OR SERVICES AND PRICE/COST
4-10
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
X
C
DESCRIPTION/SPECSJWORK STATEMENT
11
54
X J LIST OF ATTACHMENTS
X
D
PACKAGING AND MARKING
12
INSTRUCTIONS
PART IV - REPRESENTATIONS AND
X
E
INSPECTION AND ACCEPTANCE
13
X
K
REPRESENTATIONS, CERTIFICATIONS
Inc.
X
F
DELIVERIES OR PERFORMANCE
14-15
AND OTHER STATEMENTS OF OFFERORS
X
G
CONTRACT ADMINISTRATION DATA
16-23
L
INSTRS., CONDS., AND NOTICES TO OFFERORS
X
H
SPECIAL CONTRACT REQUIREMENTS
24-37
M
EVALUATION FACTORS FOR AWARD
17. ? CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is
required to sign this document and return 1__ copies to issuing office.)
Contractor agrees to furnish and deliver all items or perform all the services set
forth or otherwise identified above and on any continuation sheets for the
consideration stated herein. The rights and obligations of the parties to this
contract shall be subject to and governed by the following documents: (a) this
award/contract, (b) the solicitation, if any, and (c) such provisions,
representations, certifications, and specifications, as are attached or
incorporated by reference herein. (Attachments are listed herein.)
18. ^ AWARD (Contractor is not required to sign this document.) Your
offer on Solicitation Number
including the additions or changes made by you which additions or changes are
set forth in full above, is hereby accepted as to the items listed above and on
any continuation sheets. This award consummates the contract which consists
of the following documents: (a) the Government's solicitation and your offer, and
(b) this award/contract. No further contractual document is necessary.
BY
(Signature of Contracting. Officer)
NSN 7540-01-152-8069 26-107 STANDARD FORM 26 (REV. 4-85)
PREVIOUS EDITION UNUSABLE Computer Generated Prescribed by GSA
FAR (48 CFR) 53.214(a)
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RAILHEAD SCD RFP TABLE OF CONTENTS
SECTION A - SOLICITATION/CONTRACT FORM
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
SECTION. D - PACKAGING AND MARKING
SECTION E - INSPECTION AND ACCEPTANCE
SECTION F - DELIVERIES.OR PERFORMANCE
SECTION G - CONTRACT ADMINISTRATION DATA
SECTION H - SPECIAL CONTRACT REQUIREMENTS
SECTION I - CONTRACT CLAUSES
SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER
STATEMENTS OF OFFERORS OR QUOTERS
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A-1.
SECTION A - SOLICITATION/CONTRACT FORM
Use of Facsimile Signatures (JUN 2002)
This Contract document may be executed in counterparts, each of which shall be
deemed an original, all of which together shall constitute one and the same
instrument. Facsimile signatures will be regarded as authentic by all parties.
Unless identified otherwise, all clauses and provisions of the base contract
are applicable to all task orders.
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SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
B-1.
Type and Scope of Contract (IDIQ) (OCT 2003)
(a) This is an indefinite-delivery/indefinite-quantity (IDIQ) contract, as identified
under Federal Acquisition Regulation (FAR) 16.504. Requirements will be
placed under this contract through either Cost-Plus-Award-Fee/Completion
(CPAF), Cost-Plus-Fixed-Fee/Level Of Effort (CPFF/LOE) task orders. The
minimum and maximum quantity of services to be purchases under this IDIQ
contract are set forth below.
(1) Total minimum quantity of services to be purchased under this IDIQ
contract awarded shall be
(2) Total maximum quantity of services to be purchased under this IDIQ
contract shall be
(b) The Contractor shall, in accordance with the terms and conditions set forth
hereafter, furnish the necessary qualified personnel, services, travel, facilities,
and materials (except those specifically to be provided by the Government) and
do all things necessary and incident to the completion of the contractual effort in
accordance with Section C, (See Section J, Attachment I - Statement of
Objectives for the RAILHEAD Systems Definition Contract - Base Contract)
and AS SET FORTH IN TASK ORDER SOWS.
(c) Clauses Applicable to Cost Plus Award Fee (CPAF) Completion Task
Orders: At a minimum, the following paragraphs shall be applicable to all CPAF
COMPLETION Task Orders issued under this contract, unless otherwise
specified in an individual task order. Additional requirements may be specified in
each task order. Full text is available as attachment to the contract, as noted
below.
(1)
Type of Contract and Consideration (CPAF) (OCT
2003) (See Section J, Attachment 2 - Section B.1 Clauses)
(2) Scope of Contract (Statement of Work) (OCT 2003)
(See Section J, Attachment 2 - Section B.1 Clauses)
(d) The following estimated pricing is applicable to all CPAF Completion Task
Orders issued under this Base IDIQ contract, beginning with Task Order 1, in the
periods as noted below:
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COST PLUS AWARD FEE/Completion (CPAF) Work: Base Period (1 Aug 2006 31
Jul 2007)
Total
or
Labor Cate
y
g
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COST PLUS AWARD FEE/Completion (CPAF) Work: Option Period 1 (1 Aug 2007 -
31 Jul 2008)
Labor Category
Estimated
Cost/Hr.
Award
Fee/Hr.
Total
CPAF/Hr.
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COST PLUS AWARD FEE/Completion.(CPAF) Work: Option Period 2 (1 Aug 2008 -
31 Jul 2009)
Labor Category
Estimated
Cost/Hr.
Award
Fee/Hr.
Total
CPAF/Hr.
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COST PLUS AWARD FEE/Completion (CPAF) Work: Option Period 3 (1 Aug 2009 -
31 Jul 2010
Labor Category
Estimated
Award
Total
Cost/Hr.
Fee/Hr.
CPAF/Hr.
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COST PLUS AWARD FEE/Completion (CPAF) Work: Option Period 4 (1 Aug 2010 -
31 Jul 2011)
Labor Category Estimated Award Total
Cost/Hr. Fee/Hr. CPAF/Hr.
(O erors insert additional rows as necessary
(e) Clauses Applicable to Cost Plus Fixed Fee/Level Of Effort (CPFF/LOE) Task
Orders: At a minimum, the following paragraphs shall be applicable to all
CPFF/LOE Task Orders issued under this contract, unless otherwise specified in
an individual task order. Additional requirements may be specified in each task
order. Full text is available as attachment to the contract, as noted below.
(1)
(2)
(3)
Type of Contract and Consideration (CPFF-LOET) (NOV
2005) (See Section J, Attachment 2 - Section B.1 Clauses)
Scope of Contract (Cost-Reimbursement, Level-of-Effort
Term) (OCT 2003) (See Section J, Attachment 2 - Section B.1
Clauses)
Option For Increased Quantity - Direct Hours (Cost
B.1 Clauses)
Reimbursement) (NOV 2005) (See Section J, Attachment 2 - Section
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B-2.
Type of Contract and Consideration (Cost) (OCT 2003) -
Other Direct Costs
This is a Cost contract as identified under Federal Acquisition Regulation (FAR)
16.302, bearing no fee and in the estimated cost as follows:
RMORNMEMM
See Individual Task
Orders
TOTAL
See Individual Task
Orders
B.3 Allotted Contract Funding (JAN 2004) (Applicable to
CPAF and CPFF/LOE)
Pursuant to the "Limitation of Funds" clause, the funding presently available and
allotted for the performance of this contract is set forth below. The Government
shall not be obligated to reimburse the Contractor for costs incurred in excess of
this amount and the Contractor shall not be obligated to continue performance
under this contract or otherwise incur costs in excess of the stipulated amount.
The Government estimates that the allotment will cover the period of
performance identified below:
Allotted: [See individual Task Orders]
Period: [See individual Task Orders]
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SECTION C - DESCRS TION/S NTCIFICATIONS/WORK
The Sponsor's Statement Of Work, entitled "RAILHEAD SCD Statement of
Work for the SCD-Based Contract", dated 23 June 2006, which is
incorporated by reference in Section J as ATTACHMENT 1, is made a part of
this. contract.
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SECTION D - PACKAGING AND MARKING
Not Applicable.
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SECTION E - INSPECTION AND ACCEPTANCE
E-1. 52.252-2 Clauses Incorporated by Reference. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force
and effect as if they were given in full text. Upon request, the Contracting Officer
will make their full text available. Also, the full text of a clause may be accessed
electronically at this/these address(es): http://www.arnet.gov/far/
52.246-5 Inspection of Services - Cost-Reimbursement. APR 1984
E-2. Inspection and Acceptance at Destination (MAR 2004)
Final inspection and acceptance of work accomplished, services provided and/or
items produced or deliverable under this contract shall be performed at
destination by cognizant Government personnel.
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SECTION F - DELIVERIES OR PERFORMANCE
F-1. 52.252-2 Clauses Incorporated by Reference. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force
and effect as if they were given in full text. Upon request, the Contracting Officer
will make their full text available. Also, the full text of a clause may be accessed
electronically at this address: http://www.arnet.gov/far/
52.242-15 Stop-Work Order - Alt 1 APR 1984
F-2. 52.211-8 Time Of Delivery (JUN 1997) (Modified)
(Applicable to all Completion-type tasks)
(a) The Government requires delivery to be made according to the following
schedule:
Deliverable
Reference
Draft Due
Date
Final Due Date
Notes:
1. All products will be delivered in Contractor Format in softcopy (CD-ROM
ISO 9660 format) and three (3) hardcopies (CO, COTR, PM).
2. ARO = After Receipt of Task Order
3. AGC = After Receipt of Government Comments
4. All days are calendar days
F-3.
Late Delivery (AUG 1996)
When the Contractor encounters difficulty in meeting performance requirements,
or anticipates difficulty in complying with the contract delivery schedule or date, it
shall immediately notify the Contracting Office in writing giving pertinent details;
provided, however, that this data shall be informational. only in character and that
this provision shall not be construed as a waiver by the Government of any
delivery schedule or any rights or remedies provided by law or under this
contract.
F-4.
Period of Performance (AUG 1996)
The period of performance of this Base IDIQ contract shall be from 1 August
2006 to 31 July 2011. Individual Task Orders issued under this Base IDIQ
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contract shall have specific periods of performance within this Base IDIQ contract
period of performance.
F-5.
Place of Performance (AUG 1996)
The principal place of performance under each Task Order shall be the
Contractor's facility located at 1771 Pine Hall Road, State College, PA 16801
and 1100 Wilson Blvd., Arlington, Virginia 22209.
F-6.
Contract Status Report (NOV 2005)
(a) Monthly contract status reports shall be submitted in an original and three
(3) hardcopies (CO, COTR, PM), plus one (1) softcopy to the Contracting Officer
not later than 15 calendar days after the close of the month covered by the
report. Such report shall be in the format as provided in the Monthly Contract
Status Report exemplar below. Failure to submit this report will result in delay in
payment of invoices.
(b) The Monthly Contract Status Report for this contract will consist of the
following template sections:
Contract Summary
Accomplishments During Period (by task Order)
Planned Work for Next Period
Risks Identified and Proposed Mitigations
Issues and Concerns
Program Projected and Actual Costs/Labor Hours
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SECTION G - CONTRACT ADMINISTRATION DATA
G-1.
Settlement - Cost Type Contracts (NOV 2005)
Upon completion of the subject contract, the Contractor shall submit the following
documents:
(a) Level-of-Effort Certification (if applicable, breakdown by labor category and
hours expensed) (One copy required)
(b) Electronic Funds Transfer Information (EFT) - The submission of this
information is required to keep our payment database current. (One copy
required)
(c) Final Property Closeout Statement (Government Furnished Property (GFP)
and Contractor Acquired Property (CAP) (One copy required)
(d) Final Patent and Royalty Statement (in accordance with FAR 52.227-11,
52.227-12, and 52.227-13, as appropriate) (One copy required)
(e) Final Voucher (also referred to as Final Cumulative Claim and Reconciliation
[FCCR]). Once final annual indirect expense rates have been established or the
contractor wishes to use approved quick-close rates, Contractor shall submit a
"FINAL" voucher. The receipt of an invoice marked "FINAL" shall initiate the
settlement of this contract. (One copy required)
One set of closeout documentation (a), (b), (c), and (d) shall be mailed, postage
prepaid, to the Contracting Officer at the address on page 1 of this contract.
One complete set of closeout documentation shall be mailed, postage prepaid,
to:
Washington, DC 20505
If you have any questions in regard to the closeout procedure, please contact the
settlements office directly.
G-2. I Invoicing and Payment Instructions (General)
Unclassified Association (JAN 2004)
(a) Contractors may mail invoices to the following payment office:
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Washington, DC 20505.
However, the preferred method of submitting invoices to the payment office is via
facsimile (FAX) machine. Contractors may use any of the numbers listed below.
When Contractors transmit original invoices via FAX, do not follow up with
additional mailed copies; doing so will cause your company to lose the FAX
option.
(b) The payment periods designated in the FAR clauses for Prompt Payment
contained in this contract will begin the date the Government receives a proper
invoice in the payment office. A proper invoice must include:
(1) Name of the business concern, invoice date, and date(s) supplies
delivered or services performed.
(2) Contract, purchase order, or delivery order number. The Government
cannot process for payment an invoice that lacks a contract, purchase order, or
delivery order number. No other 'authorizations' are valid or acceptable.
(3) Itemized cost elements and fee.amounts for both the current invoice's
costs and for the cumulative cost elements and fee amounts (for cost
reimbursable contracts);. itemized labor categories (for time and material or labor
hour contracts); description, price, and quantity of supplies delivered and/or
services, rendered (for fixed price contracts, purchase orders and delivery
orders).
(4) Shipping and payment terms (for fixed price contracts, purchase orders,
or delivery orders).
(5) Name, title, phone number, and complete mailing address of responsible
official to whom the Agency should send payment.
(c) The Government shall give notice of an apparent error, defect, or impropriety
in an invoice to the Contractor within 7 days of receipt of the invoice by the
payment office. The Contractor may make inquiries regarding invoices to the
payment office on
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G-3.
- Submission of Invoices (JAN 2004)
Notwithstanding the provisions of the clause of this contract at FAR 52.216-7,
Allowable Cost and Payment, Contractors shall not submit invoices or requests
for contract interim payment more often than once a month.
G-4.
Electronic Submission of Payment Requests (JAN 2004)
(a) Definitions. As used in this clause-
(1) "Contract interim payment" and "invoice payment" have the meanings
given in FAR section 32.001.
(2) "Electronic form" means using the Agency's Web Invoicing System
(WInS) to transmit information electronically from the Contractor to the.internal
contract management system. The Agency does not consider facsimile, e-mail,
and scanned documents electronic forms.
(3) "Payment request" means any request for contractor interim payment or
invoice payment submitted by the Contractor under a contract.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall
submit payment requests using the Agency's Web Invoicing System (WInS).
Information regarding WInS is available by calling the Vendor Service Center
(c) If the Contractor is unable to submit a payment request in electronic form, or
the Agency is unable to receive a payment request in electronic form, the
Contractor shall submit the payment request using the procedures in the
"Invoicing and Payment Instructions" clause of the contract.
(d) In addition to the requirements of this clause, the Contractor shall meet the
requirements of the appropriate payment clauses in this contract when submitting
payment requests.
(e) The Contractor shall submit any supporting documentation to a specific
payment request (e.g. final invoice) in hard copy direct to the office as stated in
the separate contract clause.
G-5. Authority and Designation of a Contracting Officer's
Technical Representative (COTR) (MAR 2004)
(a) Authority: Performance of this contract is subject to the technical guidance,
supervision and approval of the Contracting Officer or a designated Contracting
Officer's Technical Representative (COTR). As used herein, "technical
guidance" is restricted to scientific, engineering or other technical field-of-
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discipline matters directly related to the work to be performed. Such guidance
may be provided for the purposes of filling in details, clarifying, interpreting or
otherwise serving to accomplish the technical objectives and requirements of the
contract. In addition, and unless specified elsewhere in this contract, the
authority of the designated COTR is specifically limited to the technical
administration of this contract and the inspection of supplies being produced,
services being provided or work being performed to assess compliance with the
scope, estimated cost (if cost-reimbursement), schedule, and technical
requirements of the contract.
(b) Designation: The individual(s) identified below is/are authorized access to all
information concerning this contract during the life of the contract unless this
authorization is reassigned by an administrative change to the contract:
Name
Telephone No.
(c) Notification: The Contracting Officer is the only representative of the
Government authorized to negotiate, enter into, modify or take any other action
with respect to this contract. Therefore, no other employee or representative of
the Government has the authority to initiate a course of action which may alter
the terms or conditions of this contract. All revisions to specifications,
requirements or informal commitments that may involve a change in either the
total cost/price, scope, delivery schedule, or legal aspects of this contract must
be done by change order or supplemental agreement, to be negotiated and
signed by the Contracting Officer. Should any action by Government personnel
(other than the Contracting Officer) imply a commitment on the part of the
Government that would affect the terms of this contract, the Contractor must
notify the Contracting Officer and obtain approval before proceeding. Otherwise,
the Contractor proceeds at its own risk.
G-6.
(MAR 2004)
Novation/Change-of-Name Notification Requirement
(a) For the purposes of this contract, any transfer of the contractor's assets to a
third party, or change to the contractor's name, that fall under FAR 42.12, will be
processed in a centralized manner by the staff at the following address:
Washington, DC 20505
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(b) Until the settlement of this contract is completed, the Contractor shall provide
written notification to this staff via facsimile within (30) thirty days of any fore-
mentioned, changes. Along with details of the change, your notification shall
provide a point of contact name, title, clearance level, and phone and fax
numbers.
(c) After receiving this notification, your designee will receive .a letter with
instructions to assist in the preparation of the novation/change-of-name package.
Our organization will typically recognize Other Government Agency (OGA)
Agreements; however, we have unique security requirements that must be
addressed before formally accepting these agreements.
(d) You are reminded that you must continue to invoice under your former name
on existing contracts until this Agency accepts your novation and/or change-of-
name agreement by issuance of a letter recognizing the agreement. In addition,
you are NOT authorized to request changes to your banking information to
recognize a successor company on existing contracts until this Agency accepts
your novation and/or change-of-name agreement. Any delays in submitting the
required information may impact your ability to invoice.
(e) A submission of a novation or name change agreement does not guarantee
approval by this organization and if a change is deemed unacceptable, the
contractor will remain under contractual obligation to perform. The contract may
be terminated for reasons of default should the contractor not perform.
G-7. Emergency Locator and Points-of-Contact' Information
(FEB 2002)
(a) In order to be prepared in the event of a potential emergency, the Sponsor
requires current work location and emergency designee information on all
individuals who work in the Sponsor's facilities.
(b) The Prime Contractor shall maintain the information in paragraph (d) on all
Prime Contractor employees and all Subcontractor employees, if any, who work
in the Sponsor's facilities during the performance of this contract on a regular or
recurring basis. The Contractor shall inform each affected Prime Contractor and
Subcontractor employee of this mandatory requirement and the use of the
information for emergency situations.
(c) The Prime Contractor shall designate in writing to the COTR the names and
phone numbers of a primary and alternate Contractor employee at both the
Sponsor's facility and at the Prime Contractor's facility who shall be the Prime
Contractor's points of contact, to respond to requests from the Agency for this
information.
(d) Information to be maintained by the Prime Contractor on each Prime
Contractor and Subcontractor employee:
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(1) Full name, Social Security Number, Agency Identification Number (AIN)
or Security File Number;
(2) Non-secure and secure work phone numbers;
(3) Primary assigned office, building, floor, vault;
(4) Name and non-secure phone number of contract COTR as "Agency
Contact Name/Phone;"
(5) Company name; Subcontractor employees shall include both the name of
the prime contractor and the name of the company they are employed by;
(6) Full name and telephone number of an emergency point-of-contact at the
Prime Contractor's company who is not employed at the same Sponsor
facility where this contract will be performed; and,
(7) Full name, street address, and telephone number of a personal
emergency point-of-contact as designated by each person whose name is
entered into the database.
(e) The Prime Contractor is required to maintain, at both the Sponsor's facility
and at their own facility, this emergency locator and points-of-contact information
of all Prime Contractor and Subcontractor employees working at the Sponsor's
facilities.
(f) The information required by this clause will be used only for emergency .
contact purposes and is exempt from sections (e)(3)(A)-(D) of the Privacy Act
pursuant to 32 C.F.R. 1901.62. Providing and maintaining this information is
mandatory and failure to do so may result in denial of access of the
aforementioned individuals to the Sponsor's facilities.
(g) The Contractor agrees to incorporate the substance of this clause, including
this paragraph (g), in all subcontracts under this contract when Subcontractor
employees will work on the Sponsor's facilities.
G-8.
Government Property (NOV. 2005)
(a) General: The contractor shall maintain adequate property control
procedures, records, and a system of identification of all Government property
accountable to this contract in accordance with FAR Part 45 and the applicable
Government Property clause incorporated by reference in Section I. The
contractor must include this clause in all subcontracts that utilize Government
property.
(b) Government Property Administrator. The Contracting Officer has delegated
property administration authority to the Agency Property Administrator.
(c) Contractor Property Representative: The contractor shall provide written.
notification of the name, address, and telephone number of the contractor's
designated property representative responsible for establishing and maintaining
control of Government property under this contract to the Agency Property
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Administrator at the address indicated below within thirty (30) days after receipt
of this contract.
Washington, DC 20505
If the contractor's Property Representative changes, the contractor must notify
the Government Property Administrator of the change within 30 days.
(d) Government Property List: The Government shall deliver to the contractor
the property identified in the Section J, Attachment 3 - Government Property
Report, for use in the performance of this contract on a no-charge-for-use basis.
The contractor may use Government property in their possession, which is
accountable to other Agency contract(s), if the Contracting Officer(s) of the other
contract(s) provides written authorization of their approval for use on a rent-free,
non-interference basis.
(e) Financial Reporting - General: The Government must account for and report
assets in accordance with 31 U.S.C. 3512 and 31 U.S.C. 3515, Federal
Accounting Standards, and Office of Management and Budget (OMB)
instructions. Since contractors maintain the official records for Government
assets in their possession, the Government must periodically obtain data from
those records to complete its financial reports. Changes in Federal Accounting
Standards and OMB reporting requirements may occur from year to year,
requiring contractor submission of supplemental information. The specific
Statements of Federal Financial Accounting Standards (SFFAS) to be used for
property records are SFFAS No. 3 "Accounting for Inventory and Related
Property and Materials", SFFAS No. 6, "Accounting for Property, Plant and
Equipment", and "SFFAS No. 11, "Amendments to PP&E: Definitions" issued by
the Federal Accounting Standards Advisory Board.
(f) Financial Reports: To assist the Government with these requirements, the
contractor's property control system shall report, the total acquisition cost of
Government property for which.the contractor is accountable under this contract,
including Government property as defined in FAR 45.101. The contracting officer
will provide the total acquisition cost for all property furnished to the contractor by
the Government in the Section J, Attachment 3 - Government Property
Report. The contractor shall submit Quarterly and Annual Government Property
Reports to the Government Property Administrator in accordance with the
detailed instructions set forth in the Section J, Attachment 4 - Reporting
Requirements For Government Property,` to provide periodic updates to the list
of property accountable to this contract and to provide information on contractor
acquired property. The contractor shall also submit a Property Disposition
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Report with its Quarterly and Annual Reports to identify deletions from contract
property records associated with this contract. The Quarterly, Annual, and
Disposition Reports shall be considered updates to the Section J, Attachment 3
- Government Property Report. In addition, the contractor shall submit a Final
Disposition Report within 30 days after disposition of all property accountable to
this contract. Failure to provide required reports may result in termination of this
contract, suspension of payment by the Government until required reporting is
received, or other action as deemed appropriate by the Contracting Officer.
(g) Documentation Required to Support Contractor Acquired Property Items:
The contractor shall furnish the Government Property Administrator a copy of all
documentation to support the reported acquisition cost and acquisition date for all
contractor acquired property valued at $50,000 and above within thirty (30) days
of delivery by the vendor to the contractor. All contractor acquired property
purchases since the last submitted report must be reported on the next Quarterly
Report.
(h) Form 5025 - Annual Government Property Report: After completing the
Annual Government Property Report, the contractor shall submit the completed
inventory to the COTR for validation and verification. The contractor shall
receive a signed copy of the inventory back from the COTR. This will be verified
during an audit conducted by the Government Property Administrator. The
contractor shall also submit a signed copy of the Form 5025 - Annual
Government Property Report along with the required Report attachments to the
Government Property Administrator in accordance with the instructions in the
Section J, Attachment 3 - Government Property Report.
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SECTION H - SPECIAL CONTRACT REQUIREMENTS
H-1.
(DEC 2002)
Fraud, Waste, and Abuse Unclassified Association
Anyone who suspects fraud, waste, or abuse in any aspect of the acquisition
process or during performance of this contract by either Government or
Contractor personnel should contact the Office of Inspector General,
Investigations `Staff, at phone number [phone].
H-2.
1997)
Security Requirements Contract Classification (JUL
[X] CDCG attached (See Section J, Attachment 5 - RAILHEAD SCD
Contract Data Classification Guide (CDCG)).
The attached CONTRACT DATA CLASSIFICATION GUIDE (CDCG) is
incorporated into this contract. The CDCG is not all inclusive, but serves as a
guide in connection with Contractor handling of classified materials.
H-3.
Security Requirements - General (SEP 2004)
(a) Contracting Officer's Security Representatives (COSR) are the designated
representatives of the Contracting Officer and derive their authorities directly
from the Contracting Officer. They are responsible for certifying the Contractor's
capability for handling classified material and ensuring that customer security
policies and procedures are met. The COSR is the focal point for the Contractor,
Contracting Officer, and COTR regarding security issues. The COSR cannot
initiate any course of action that may alter the terms of the contract. The COSR
for this contract islland can be reached on
(b) The provisions of this clause shall apply to the extent that any aspect of this
contract is classified.
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(c) The Contractor is obligated to comply with all relevant clauses and provisions
incorporated into this contract and with the "Contractor Secrecy and Security
Agreement", Form 4177, and as referenced therein, the "National Industrial
Security Program Operating Manual (NISPOM)" dated January 1995, and all
applicable Sponsor security policies and procedures, including Director of Central
Intelligence Directives (DCID). The contractor shall maintain a security program
that meets the requirements of these documents.
(d) Security requirements are a material condition of this contract. This contract
shall be subject to immediate termination for default, without the requirement for
a 10-day cure notice, when it has been determined by the Contracting Officer
that a failure to fully comply with the security requirements of this contract
resulted from the willful misconduct or lack of good faith on the part of any one of
the Contractor's directors or officers, or on the part of any of the managers,
superintendents, or equivalent representatives of the Contractor who have
supervision or direction of:
(1) All or substantially all of the Contractor's business, or
(2) All or substantially all of the Contractor's operations at any one plant or
separate location in which this contract is being performed, or
(3) A separate and complete major industrial operation in connection with the
performance of this contract.
(e) When deficiencies in the Contractor's security program are noted which do
not warrant immediate default, the Contractor shall be provided a written notice
of the deficiencies and be given a period of 90 days in which to take corrective
action. If the Contractor fails to take the necessary corrective action, the
Contracting Officer may terminate the whole or any part of this contract for
default. The Contractor shall maintain and administer, in accordance with all
relevant clauses and provisions set forth or incorporated into this contract, a
security program that meets the- requirements of these documents.
(f) When it is deemed necessary to disclose classified information to a
Subcontractor in order to accomplish the purposes of this contract, the
Contractor shall request permission of the Contracting Officer prior to such
disclosure. The Contractor agrees to include in all subcontracts all appropriate
security provisions pertaining to this contract.
(g) Classification Authority -= Executive Order 13292 dated 28 March 2003,
"Further Amendment to Executive Order 12958, as Amended, Classified National
Security Information", and implementation directives, provides principles and
procedures for the proper classification and declassification of material. These
principles and procedures are applicable to classified documents or materials
generated by the Contractor in performance of this contract.
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(h) Identification and Markings -- The classification of documentation shall
comply with the guidelines set forth in Executive Order 13292.
(i) In addition, each classified document shall be stamped or marked in the lower
right-hand corner of the first page (or on the inside front cover of bound
publications, provided that the overall classification is marked on the outside
cover), as follows:
CL BY: [customer contract number]
CL REASON: [ ]
DECL ON: [ ]
DRV FROM: [ ]
Declassified On: (Use the declassify date citation from the CDCG.)
Derived From: (Use the classification guidance from the CDCG, i.e.,
etc.)
(j) Each classified document shall indicate which paragraphs or, other portions,
including subjects and titles, are classified and which are unclassified. The
symbol "(TS)" for Top Secret, "(S)" for Secret, "(C)" for Confidential, and "(U)" for
Unclassified will be placed at the beginning of the text to which it applies. Non-
text portions of a document, such as photographs, graphs, charts, and maps, will
be marked in a readily discernible manner, as will their captions.
(k) Subjects and titles should be selected so as not to require classification.
When a classified subject or title must be used, a short title or other unclassified
identifier should be assigned to facilitate receipting and reference, if such an
identifier (e.g., a report number or registry number) will not otherwise be
assigned.
(I) Downgrading and Declassification -- No classified document or material
provided by the Customer, or generated by the Contractor pursuant to the
contract, may be downgraded or declassified unless authorized in writing by the
Customer's Contracting Officer.
.(m) References made to the clause entitled "Non-Publicity" -- Violations of this
clause constitute a major breach of contract and the contract may be terminated
for default, without the requirement of a 10-day cure notice.
(n) The contractor shall report all contacts described in the NISPOM section 3-
Reporting Requirements as promptly as possible, but in no event later than two
business days after receipt of such knowledge to the contracting officer or
COSR.
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(o) If, subsequent to the date of this contract, the security requirements under
this contract are changed by the Government, as provided in this clause, and the
security costs or time required for delivery under this contract are thereby
increased or decreased, the contract price, delivery schedule, or both, and any
other provision of this contract which may be affected shall be subject to an
equitable adjustment in accordance with the procedures in the Changes clause
of this contract.
H-4.
Non-Publicity (DEC 2003)
(a) . The Contractor shall not use or allow to be used any aspect of this
solicitation and/or contract for publicity. "Publicity" means, but is not limited to,
advertising (e.g. trade magazines, newspapers, Internet, radio, television etc.),
communications with the media, marketing, or a reference for new business.
This shall include, but is not limited to, the use of the terms or any
other sponsor specific terms in any public advertisements. It is further
understood that this obligation shall not expire upon completion or termination of
this contract, but will continue indefinitely. The Contractor may request a waiver
or release from the foregoing but shall not deviate therefrom unless authorized to
do so in writing by the Contracting Officer. Contractors are not required to obtain
waivers when.informing offices within this Agency of contracts it has performed
or is in the process of performing provided there are no security restrictions.
Contractors may include the requirement for security clearances up to the TS,
SCI level in public employment advertisements.
(b) The Contractor shall include the substance of this clause, including this
paragraph (b), in each subcontract issued under this contract.
H-5. I I Request for Clause Waiver Due to Security
Requirements (JUL 1997)
When the Contractor, in performance of the work under this contract, finds the
requirements of any of the clauses in this. contract to be in conflict with security
instructions, the Contractor shall call such conflict to the attention of the
Contracting Officer and/or COSR. The Contracting Officer may issue a waiver in
writing to:
(a) modify or rescind such security requirements, or
(b) waive compliance with such security requirements.
H-6. I (Foreign Ownership, Control, or Influence (SEP 2002)
(a) Notwithstanding the provisions of Section 3 of the NISPOM, the Government
intends to secure services or equipment from firms which are not under foreign
ownership, control, or influence (FOCI) or where any FOCI may, in the opinion of
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the Government, adversely impact on security requirements. Notwithstanding the
limitation on contracting with an Offeror under FOCI, the Government reserves
the right to contract with such Offerors under appropriate arrangements, when it
determines that such contracts will be in the best interest of the Government.
(b) Accordingly, all Offerors responding to this RFP or initiating performance of a
contract are required to submit a Standard Form (SF) 328, Certificate Pertaining
to Foreign Interests (or update a previously submitted SF328), and a Key
Management Personnel List (KMPL) with their proposal or prior to contract
performance, as appropriate. All SF328s and KMPLs shall be executed at the
parent level of an organization. However, the Government reserves the right to
request a separate SF328 and KMPL at the level of the company negotiating a
contract with the Government, when desired. Offerors are also required to
request, collect, and forward to the Government Offeror's the SF328 from all
Subcontractors undertaking classified work under the direction and control.
Offerors are responsible for the thoroughness and completeness of each
Subcontractor's SF328 submission. SF328 entries should specify, where
necessary, the identity, nature, degree, and impact of any FOCI on their
organization or activities, or the organization or activities of a subcontractor.
Additionally, a KMPL must be submitted with each SF328 which identifies senior
management by name, position, social security number, date/place of birth, and
citizenship status.
(c) The Contractor shall, in any case in which it believes that foreign influence
exists or is being sought over its affairs, or the affairs of any Subcontractor,
promptly notify the Contracting Officer of all the pertinent facts, even if such
influence is not exerted to the degree specified in the NISPOM.
(d) The Contractor shall provide an updated SF328 and KMPL no later than five
years from the date as certified on the last submitted SF328. The Contractor
shall also promptly disclose to the Contracting Officer any information pertaining
to any interest of a FOCI nature in the Contractor or Subcontractor that has
developed at any time during the contract's duration or has subsequently come to
the Contractor's attention. An updated SF328 is required of the Contractor or any
Subcontractor whenever there is a change in response to any of the 10 questions
on the SF328.
(e) The Contractor is responsible for initiating the submission of the SF328 and
KMP for all Subcontractors undertaking classified work during the entire period of
performance of the contract.
H-7.
1998)
Security Requirements - Software Certification (JUN
(a) The contractor certifies that it will undertake to ensure that any software to be
provided or any Government Furnished Software to be returned, under this
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contract will be provided or returned free from computer virus, which could
damage, destroy, or maliciously alter software, firmware, or hardware, or which
could reveal to unauthorized persons any data or other information accessed
through or processed by the software.
(b) The contractor shall immediately inform the Contracting Officer when it has a
reasonable suspicion that any software provided or returned, to be provided or
returned, or associated with the production may cause the harm described in
paragraph (a) above.
(c) If the contractor intends to include in the delivered software any computer
code not essential to the contractual requirement, this shall be explained in full
detail to the Contracting Officer and Contracting Officer's Technical
Representative (COTR).
(d) The contractor acknowledges its duty to exercise reasonable care, to include
the following, in the course of contract performance:
(1) using on a regular basis current versions of commercially available anti-
virus software to guard against computer viruses when introducing maintenance,
diagnostic, or other software into computers; and
(2) prohibiting the use of non-contract related software on computers,
especially from unknown or unreliable sources.
H-8.
Personal Conduct (JUL 1997)
(a) The Contractor and its employees shall comply with the conduct
requirements in effect at the Government's work site. The Government reserves
the right to exclude or remove from the site any employee of the Contractor or of
a subcontractor whom the Government deems careless, uncooperative, or
whose continued employment on the work is deemed by the Government to be
contrary to the public interest.
(b) The Contractor shall inform its employees that the Agency has a zero
tolerance policy for harassing behavior and that it shall not be tolerated. Any
Contractor employee who is found to be culpable in incidents of harassment shall
be immediately escorted from the premises and denied further access. This
policy creates a greater burden upon the conduct of Contractor employees. The
Contractor shall emphasize this fact to its employees.
(c) Exclusion under the circumstances described in this clause shall not relieve
the Contractor from. full performance of the requirements of this contract, nor will
it provide the basis for any claims against the Government.
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H-9. Notification of Issuance of Classified Subcontracts (JUL
2003)
(a) The contractor shall provide to the Contracting Officer written notice of all
subcontracts issued hereunder wherein any aspect of the subcontract is
classified using the "Subcontractor Notification Form". This form can be obtained
from the Contracting Officer. The notice shall include (1) the name and address
of the subcontractor(s), (2) a description of the supplies or services that are being
acquired pursuant to the subcontract, and (3) a SF328 and KMPL on the
subcontractor's parent organization as required by clause of this
contract. Such notice shall be provided to the Contracting Officer within 14 days
of entering into such subcontracts.
(b) For the purpose of this clause, subcontract means a contract, as defined in
FAR Subpart 2.1, entered into by a subcontractor to furnish supplies or services
for performance of the prime contract or a subcontract. It includes, but is not
limited to, purchase orders, and changes and modifications to purchase orders.
(c) The contractor's obligations under this clause are in addition to any other
provision of this contract, if any, relating to subcontracting. The contractor is
responsible for ensuring that all subcontractors having access to classified
information must have the necessary Agency clearances.
(d) The contractor shall include a similar requirement in each subcontract issued
under this contract wherein any aspect of the subcontract is classified.
Subcontractors shall submit notices through the prime contractor to the
Contracting Officer as described in paragraph (a) above.
H-10.
Contract
Reporting and Training Requirements for
ir Personnel (SEP 2002)
The Industrial Contractor who has
access has the following
mandatory reporting and training requirements:
(a) Financial Disclosure. A Financial Disclosure Form (FDF444V) must be
completed on an annual basis. The FDF 444V is available for electronic
submission via Lotus Notes. Personnel with Agency Data Network Lotus Notes
must utilize the on-line database when filing. The Industrial Contractor assigned
to a domestic or foreign field station will receive the FDF 444V and submission
instructions either as an attachment to a Lotus Note; a document sent via secure
fax; a document transmitted by cable; or a form forwarded in a secure pouch. For
those who do not have access to Lotus Notes, hardcopy or softcopy FDF 444V
forms are available from the Office of Security, Financial Analysis Staff
(OS/FAS).
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(b) Foreign Contacts. All unofficial foreign contacts must be reported in
accordance with Agency Regulation0 Unofficial Contact with Foreign
Nationals.
(c) Foreign Travel. All personal foreign travel must be reported in accordance
with Agency Regulation F__] Personal Foreign Travel.
(d) Agency Information Security Course (AISC). All contractors with access to
Agency Information Systems must complete annual Infosec training.
(e) Counterintelligence Training. The contractor shall attend the Sponsor's next
available Counterintelligence and Security Program (CISP) briefing unless s/he
has attended a CISP briefing within the past five calendar years.
H-11.
(AUG 2004)
Prohibition Against Recruiting in Agency Facilities
(a) The Contractor shall inform its employees and subcontractors that they are
not permitted.to engage in employment recruitment while in any facility controlled
by the Agency or to use Agency communications systems (e.g. cable and
computer systems) and nonpublic information in connection with recruitment
without written approval of the Contracting Officer. For purposes of this clause,
recruitment refers to discussions of future employment with the contractor or
subcontractor initiated by an employee of the contractor or subcontractor;
distribution of employment forms or other employment paperwork, or similar
activities directed towards obtaining the employment of an Agency employee by
the contractor or subcontractor. Any Contractor or subcontractor employee who
violates this policy may be denied further access to Agency facilities and
systems. The Contractor shall emphasize this fact to its employees and
subcontractors and shall include the substance of this clause in each subcontract
issued under this contract.
(b) The prohibition set forth in paragraph (a) above does not apply to the
recruitment of Agency personnel enrolled in the Agency's Career Transition
Program. The prohibition also does not apply to the recruitment of Agency
personnel for part-time work that does not conflict or interfere with Agency
personnel's employment with the Agency, provided Contracting Officer approval
has been obtained consistent with paragraph (a) above.
(c) Exclusion under the circumstances described in paragraph (a) of this clause
shall not relieve the Contractor from full performance of the requirements of this
contract, nor will it provide the basis for any claims against the Government.
H-12. Security Requirements Office of The Director of
National intelligence (ODNI) Clearances (AUG 2005)
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(a) The Sponsor conducts security screening on contractor personnel in support
of Sponsor contracts as well as ODNI contracts. "Contractor personnel" is
defined as employees of the contractor company at the time the contractor
requests a securit clearance or access approval. Contractors are hereby
notified that ODNI clearances are not equivalent to the Sponsor's
clearances. ODNI clearances do not require a full scoe
'
"
s
to Sponsor
polygraph. ODNI c earances will not "cross over
clearances. In order to access an ODNI facility, the contractor employee m
a U.S. citizen. In order to receive a security clearance or access approval,
contractor personnel shall be US citizens and provide the following information
for use in the clearance process:
(1) "Industrial Security Approval or Access Request", Form 4311:
(2) "Questionnaire for National Security Positions," SF 86; and,
(3) Fair Credit Reporting Act Release form.
The contractor shall plan for expected attrition by advanced preparation and
submission of the aforementioned items.
(b) Those contractor personnel needing unescorted access to ODNI facilities (to
include automated information systems) and access-to sensitive compartmented
information (SCI) or information classified at the Top Secret level shall be
required to have an
security clearance along with any required SCI access approvals. The granting or
denial of an access approval is based on a comparison of the
results of a full field background investigation and counterintelligence (CI)
polygraph testing against the adjudicative guidelines issued pursuant to
Executive Order 12968 or other applicable law or regulation. The adjudicative
guidelines have also been adopted as an annex to DCID 6/4 and have been
incorporated by reference in Sponsor's Regulation=
(c) Those contractor personnel needing access to Top Secret or SCI material
but only limited or no access to ODNI facilities shall be required to have an
security clearance, along with
any required SCI access approval. e granting or denial of an
access approval is based on a comparison of the results of a full field
background investigation and Cl scope polygraph testing against the adjudicative
guidelines issued pursuant to Executive Order 12968; adopted as an annex to
DCID 6/4; and incorporated by reference in Sponsor's Regulation=
(d) Those contractor personnel needing access to Secret material and little or no
access to Government facilities shall be required to have an
security clearance. The granting or denial of an is
based on a comparison of the results of a more limited inquiry (generally National
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Agency Checks [NAC], Local Agency Checks [LAC], and credit checks) against
the adjudicative guidelines issued pursuant to Executive Order 12968 and
incorporated by reference in Sponsor's Regulation
(e) Four and one-half years from the cleared personnel's last background
investigation, the contractor shall resubmit to the Sponsor a complete clearance
package to be.used to re-investigate such individuals' continued eligibility for
security clearance or access approval.
(f) If portions of this work under this contract occur at ODNI facilities, contractor
personnel shall adhere to all Sponsor regulations and procedures that relate to
security management. In the event that the development of information or
material is not clearly covered by the contract or regulations, the contractor is
required to seek Government guidance regarding its handling. Any questions that
the contractor or contractor personnel may have on the applicability of these
requirements shall be addressed to the Contracting Officer's Security
Representative.
(g) Only such persons who have been authorized by the Contracting Officer or
the Contracting Officer's Technical Representative shall be assigned to this work.
In this connection, for identification purposes, the contractor will be required to
submit the name, address, place and date of birth of all personnel who will be
involved in the work hereunder. In order to track individuals to specific contract
activities, the contractor is required to maintain the following information: (1) by
contract number - individuals who have worked, are currently working, or are in
security processing for each contract; and (2) by individual - identify each
classified contract the individual has supported. Upon Government request, this
information is to be made available to the Contracting Officer, Contracting
Officer's Technical Representative, or Contracting Officer's Security
Representative.
(h) All contractor personnel who receive a security clearance or access approval
under the terms of this contract will be required to execute an ODNI specified
secrecy agreement and/or nondisclosure agreement.
(i) The Contractor agrees to abide by all applicable ODNI security regulations
governing personnel, facilities, technical, information systems, communications,
andprotective programs.
H=13. 1 Incorporation of Section K Representations,
Certifications, and Other Statements of Offerors or Respondents (OCT
2003)
SECTION K which has been completed and submitted with Contractor's. proposal
dated 4/27/06 is incorporated herein by reference and made a part of this
contract.
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H-14.
Order of Precedence (OCT 2003)
(a) Any inconsistency in this contractual document (inclusive of documents,
provisions or exhibits referenced herein or attached hereto).shall be resolved by
giving precedence in the following order:
(1) The Schedule (excluding the SOW and specifications)
(2) Award Fee Plan
(3) Base IDIQ Statement of Work
(4) Task Order Statement of Work
(5) Specifications
(6) Technical and Management Provisions of the Contractor's Proposal(s)
(b) If a conflict or inconsistency arises out of any of the contract elements listed
above, the Contractor shall notify the Contracting Officer of the conflict or
inconsistency for final and unilateral resolution. Under no circumstances will
such conflicts or inconsistencies result in increases to target cost, fee, award fee
or schedule extensions.
H-15.
Key Personnel (AUG 1996)
(a) The Contractor shall identify the key technical, management and
administrative personnel to be assigned to work under this contract:
Name Title
[See individual Task Orders]
(b) The personnel specified above are considered to be essential to the work
performed hereunder. Prior to diverting any of the specified individuals to other
programs, the Contractor shall provide advance notification.of at least thirty (30)
calendar days to the Contracting Officer and shall submit resumes of the
proposed substitutes insufficient detail to permit evaluation of the impact on the
program. No diversion from the above procedure shall be made by the
Contractor without the written consent of the Contracting Officer, provided that
the Contracting Officer may ratify in writing such diversion and such, ratification
shall constitute the consent of the Contracting Officer required by this clause.
H-16.
Provisional Fee Payment and Adjustment (OCT 2003)
Provisional/Interim billing and payment of fee, equivalent to of
allowable costs incurred, is authorized. Adjustment of such provisional fee
payments, to reflect and account for the actual fee earned/awarded (Award Fee)
for the period evaluated, shall be made in accordance with the following criteria:
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(1) Underpayment of Fee: If the cumulative amount of Provisional Fee
payments made during the applicable evaluation/billing period is less than the fee
awarded/earned (Award Fee) for that same period, the Contractor shall submit a
separate invoice for and the Government shall remit payment of the balance of
fee to be paid under the terms of the Award Fee Provisions of this contract.
(2) Overpayment of Fee: If the cumulative amount of Provisional Fee payments
made during the applicable evaluation/billing period is in excess of the fee
awarded/earned (Award Fee) for the same period, the Government shall
deduct/offset the payment of Provisional Fee and costs incurred from subsequent
invoices (i.e. such deductions/offsets shall be applied to both Provisional Fee
and, if necessary, costs incurred). To assist the Government in this regard, the
Contractor is requested to reflect such adjustments on subsequent invoices.
(3) Provisional Fee Payment Ceiling: Notwithstanding any other provisions
contained herein, the Government shall not be obligated to make Provisional Fee
payments in excess of the Award .Fee available for the given evaluation/billing
period.
H-17.
Payment of Contractor Travel (JAN 2004)
(a) Travel costs incurred under this contract are allowable subject to the
limitations contained in Federal Acquisition Regulation (FAR) 31.205-46.
(b) There are some circumstances under which the contractor must obtain
approval from the Contracting Officer prior to undertaking travel. They are-
(1) When travel is in excess of a predetermined travel allocation;
(2) When the contractor has doubt about whether a cost is allowable; and
(3) When foreign travel is involved.
H-18.
Contractor Performance Evaluation (MAR 2004)
(a) In accordance with FAR 42.15, and as otherwise provided by this contract,
the Contractor's performance under this contract shall be subject to evaluation as
follows:
(1) Final evaluation `shall be conducted for all contracts after completion of
contract performance; and
(2) Interim evaluations may be conducted at the government's discretion.
(b) Past performance evaluation reports shall be retained by the Government to
provide source selection information for a period not to exceed three years after
contract completion. In accordance with FAR 9.105, the Contracting Officer shall
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also consider relevant past performance information when making responsibility
determinations.
(c) The Contracting Officer shall provide appropriate extracted information from
the completed interim (if applicable) and final reports to the Contractor as soon
as practicable after completion of the report. The Contractor shall have a
maximum of 30 calendar days after the date of the letter forwarding the.
information to submit written comments, rebutting statements, or additional
information. The Government will consider rebuttals and other information
provided by the Contractor and will render a final determination regarding the
contractor's performance during that period of the evaluation.
(d) The performance evaluation conducted pursuant to this clause shall be
separate from the award fee determination(s) rendered under the terms of this
contract.
H-19. Past Performance Information - Referencing Agency
Contracts (MAR 2004)
This contract may be listed as a reference for past performance purposes only in
offers submitted to agencies and organizations within the Intelligence
Community, provided the Contractor requests and receives the written approval
of the Contracting Officer in advance. Failure to comply with this requirement
may result in the Agency being unable to respond to a reference* request and
may also result in a termination for default.
H-20.
2004)
Changes Requiring No Equitable Adjustment (MAR
(a) Purpose. The purpose of this paragraph is to establish a procedure whereby
one contractual modification will be used both to direct a change pursuant to the
"Changes" clause of this contract and to settle any question of equitable
adjustments that might arise. This procedure shall apply only to those changes
that will have no effect on the contract price, delivery schedule, or other
provisions of the contract.
(b) Procedure. When a change under the "Changes" clause is proposed, and
both parties agree that the proposed change will not require any equitable
adjustment, the Contracting Officer shall issue a bilateral modification authorizing
the change that clearly states the change has no effect on either the contract
price/cost plus fee, or period of performance/delivery date. The Contractor's
signature on the modification shall constitute acceptance of the Government's
offer, shall be binding on both parties, and shall constitute a full, complete, and
final settlement for the changes so directed.
H-21.
Limitation of Working Groups (MAR 2004)
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Technical guidance provided at meetings of Working Groups established by the
Government and/or construed from the minutes of such meetings shall not
constitute authorization for the Contractor to alter the scope of this contract. Only
the Contracting Officer may give such direction in writing through the "Changes"
clause of the contract.
H-22.
Engineering Change Proposals (MAR 2004)
(a) The Contracting Officer may ask the Contractor to prepare engineering
change proposals for engineering changes within the general scope of this
contract. Upon receipt of a written request from the Contracting Officer, the
Contractor shall prepare and submit an engineering change proposal in
accordance with the Contracting Officer's instructions.
(b) The Contractor may initiate engineering change proposals. Contractor
initiated engineering change proposals shall include a "not to exceed" cost or
price or a "not less than" cost or price and delivery adjustment. If the Contracting
Officer orders the engineering change, the increase shall not exceed nor the
decrease be less than the "not to exceed" or "not less than" amounts.
(c) A change proposal accepted in accordance with the Changes clause of the
contract shall not be considered an authorization to the contractor to exceed the
estimated cost in the contract schedule, unless the estimated cost is increased
by the change order or other contract modification.
(d) When the cost or price of the engineering change is
Contractor shall submit
or more, the
(1) A contract pricing proposal using the format in Table 15-2, Section
15.408, of the Federal Acquisition Regulation; and,
(2) At the time of agreement on cost or price, a signed Certificate of Current
Cost or Pricing Data.
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SECTION I - CONTRACT CLAUSES
I-1. 52.252-2 Clauses Incorporated by Reference. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force
and effect as if they were given in full text. Upon request, the Contracting Officer
will make their full text available. Also, the full text of a clause may be accessed
electronically at this/these address(es): [Insert one or more Internet addresses]
52.202-1 Definitions. JUL 2004
52.203-3 Gratuities. APR 1984
52.203-5 Covenant Against Contingent Fees. APR 1984
52.203-6 Restrictions on Subcontractor Sales to the JUL 1995
Anti-Kickback Procedures. JUL 1995
52.203-8 Cancellation, Rescission, and Recovery of Funds for JAN 1997
Illegal or Improper Activity.
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. JAN 1997
52.203-12 Limitation on Payments to Influence Certain Federal
SEP 2005
Transactions
52.209-6 Protecting the Government's Interest When
JAN 2005
Subcontracting with Contractors Debarred, Suspended,
or Proposed for Debarment.
52.215-10 Price Reduction for Defective Cost or Pricing Data.
OCT 1997
52.215-11 Price Reduction for Defective Cost or Pricing.
OCT 1997
Data - Modifications
52.215-12 Subcontractor Cost or Pricing Data.
OCT 1997
52.215-13 Subcontractor Cost or Pricing Data - Modifications.
OCT 1997
52.215-15 Pension Adjustments and Asset Reversions.
OCT 2004
52.215-17 Waiver of Facilities Capital Cost of Money.
OCT 1997
52.215-18 Reversion or Adjustment of Plans for Postretirement
JUL 2005
Benefits (PRB) Other Than Pensions.
52.215-21 Requirements for Cost or Pricing Data or Information
OCT 1997
Other Than Cost or Pricing Data - Modifications.
52.216-8 Fixed Fee
MAR 1997
52.216-11 Cost Contract No Fee.
APR 1984
52.222-3 Convict Labor.
JUN 2003
52.222-21 Prohibition of Segregated Facilities.
FEB 1999
52.222-26 Equal Opportunity.
APR 2002
52.222-35 Equal Opportunity for Special Disabled Veterans,
DEC 2001
Veterans of the Vietnam Era, and Other Eligible Veterans.
52.222-36 Affirmative Action for Workers with Disabilities.
JUN 1998.
52.222-37 Employment Reports on Special Disabled Veterans,
DEC 2001
Veterans of the Vietnam Era, and Other Eligible Veterans.
52.223-6
Drug-Free Workplace.
MAY 2001
52.223-14
Toxic Chemical Release Reporting.
AUG 2003
52.224-1
Privacy Act Notification.
APR 1984
52.224-2
Privacy Act.
APR 1984
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52.225-13
Restrictions on Certain Foreign Purchases.
MAR 2005
52.227-1
Authorization and Consent
JUL 1995
52.227-2
Notice and Assistance Regarding Patent and
Copyright Infringement
AUG 1996
52.227-3
Patent Indemnity.
APR 1984
52.227-11
Patent rights - Retention by the Contractor
(Short Form)
JUN 1997
52.227-14
Rights in Data - General.
JUN 1987
52.230-2
Cost Accounting Standards.
APR 1998
52.230-3
Disclosure and Consistency of Cost Accounting
Practices.
APR 1998
52.230-6
Administration of Cost Accounting Standards.
APR 2005
52.232-17
Interest.
JUN 1996
52.232-18
Availability of Funds.
APR 1984
52.232-20
Limitation of Cost.
APR 1984
52.232-22
Limitation of Funds.
APR 1984
52.232-23
Assignment of Claims.
JAN 1986
52.232-25
Prompt payment.
OCT 2003
52.233-1
Disputes.
JUL 2002
52.233-3
Protest after Award. (AUG 1996) - Alternate I
JUN 1985
52.233-4
Applicable Law for Breach of Contract Claim.
OCT 2004
52.237-2
Protection of Government Buildings, Equipment,
and Vegetation.
APR 1984
52.237-3
Continuity of Services.
JAN 1991
52.239-1
Privacy or Security Safeguards.
AUG 1996
52.242-1
Notice of Intent to Disallow Costs.
APR 1984
52.242-3
Penalties for Unallowable Costs.
MAY 2001
52.242-4
Certification of Final Indirect Costs.
JAN 1997
52.242-13
Bankruptcy.
JUL 1995
52.243-2
Changes - Cost-Reimbursement. (AUG 1987) -
Alternate
APR 1984
52.244-6
Subcontracts for Commercial Items.
DEC 2004
52.245-1
Property Records.
APR 1984
52.245-5
Government Property (Cost-Reimbursement,
Time-and-Material, or Labor-Hour Contracts).
MAY 2004
52.245-19
Government Property Furnished "As Is."
APR 1984
52.246-25
Limitation of Liability - Services.
FEB 1997
52.249-6
Termination (Cost-Reimbursement).
MAY 2004
52.249-14
Excusable Delays.
APR 1984
52.253-1
Computer Generated Forms.
JAN 1991
1-2. 52.215-19 Notification of Ownership Changes. (OCT 1997)
(a) The Contractor shall make the following notifications in writing:
(1) When the Contractor becomes aware that a change in its ownership has
occurred, or is certain to occur, that could result in changes in the valuation of its
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capitalized assets in the accounting records, the Contractor shall notify the
Administrative Contracting Officer (ACO) within 30 days.
(2) The Contractor shall also notify the ACO within 30 days whenever changes
to asset valuations or any other cost changes have occurred or are certain to
occur as a result of a change in ownership.
(b) The Contractor shall -
(1) Maintain current, accurate, and complete inventory records-,of assets and
their costs;
(2) Provide the ACO or designated representative ready access to the records
upon request;
(3) Ensure that all individual and grouped assets, their capitalized values,
accumulated depreciation or amortization, and remaining useful lives are
identified accurately before and after each of the Contractor's ownership
changes; and
(4) Retain and continue to maintain depreciation and amortization schedules
based on the asset records maintained before each Contractor ownership
change.
(c) The Contractor shall include the substance of this clause in all subcontracts
under this contract that meet the applicability requirement of FAR 15.408(k).
1-3. 52.216-7 Allowable Cost and Payment. (DEC 2002)
(3) The designated payment office will make interim payments for contract
financing on the [Contracting Officer insert day as prescribed by agency head; if
not prescribed, insert "30tH"] day after the designated billing office receives a
proper payment request.
1-4. 52.217-8 Option to Extend Services. (NOV 1999)
The Government may require continued performance of any services within the
limits and at the rates specified in the contract. These rates may be adjusted only
as a result of revisions to prevailing labor rates provided by the Secretary of
Labor. The option provision may be exercised more than once, but the total
extension of performance hereunder shall not exceed 6 months. The Contracting
Officer may exercise the option by written notice to the Contractor within ninety
(90) days.
1-5. 52.217-9 Option to Extend the Term of the Contract. (MAR 2000) (As
applicable to specific Task Orders)
(a) The Government may extend the term of this contract by written notice to the
Contractor within thirty (30) days of the end of the current task order period;
provided that the Government gives the Contractor a preliminary written notice of
its intent to extend at least sixty (60) days before the contract expires. The
preliminary notice does not commit the Government to an extension.
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(b) If the Government exercises this option, the extended contract shall be
considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under
this clause; shall not exceed [TBD for each specific Task Order].
1-6. 52.232-34 Payment by Electronic Funds Transfer - Other than Central
Contractor Registration. (MAY 1999)
(b) Mandatory submission of Contractor's EFT information: (1) The Contractor is
required to provide the Government with the information required to make
payment by. EFT (see paragraph 0) of this clause). The Contractor shall provide
this information directly to the office designated in this contract to. receive that
information (hereafter: "designated office") by [the Contracting Officer shall insert
date, days after award, days before first request, the date specified for receipt of
offers if the provision at 52.232-38 is utilized, or "concurrent with first request" as
prescribed by the head of the agency, if not prescribed, insert "no later than 15
days prior to submission of the first request for payment"]. If not otherwise
specified in this contract, the payment office is the designated office for receipt of
the Contractor's EFT information. If more than one designated office is named for
the contract, the Contractor shall provide a separate notice to each office. In the
event that the EFT information changes, the Contractor shall be responsible for
providing the updated information to the designated office(s). See Attached EFT
Form.
1-7. 52.243-7 Notification of Changes. (APR 1984)
(b) Notice. The primary purpose of this clause is to obtain prompt reporting of
Government conduct that the Contractor considers to constitute a change to this
contract. Except for changes identified as such in writing and signed by the
Contracting Officer, the Contractor shall notify the Administrative Contracting
Officer in writing promptly, within [three (3)] calendar days from the date that the
Contractor identifies any Government conduct (including actions, inactions, and
written or oral communications) that the Contractor regards as a change to the
contract terms and conditions. On the basis of the most accurate information
available to the Contractor, the notice shall state -
(d) Government response. The Contracting.Officer shall promptly, within [five
(5)] calendar days after receipt of notice, respond to the notice in writing. In
responding, the Contracting Officer shall either -
1-8. 52.244-2 Subcontracts. (AUG 1998)
(e) If the Contractor has an approved purchasing system, the Contractor
nevertheless shall obtain the Contracting Officer's written consent before placing
the following subcontracts.: [All subcontracts other than those referenced in
paragraph (k) below.]
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(k) Paragraphs (d) and (f) of this clause do not apply to the following
subcontracts, which were evaluated during negotiations:
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1-9. 52.252-2 Clauses Incorporated by Reference. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force
and effect as if they were given in full text. Upon request, the Contracting Officer
will make their full text available. Also, the full text of a clause may be accessed
electronically at this/these add ress(es): [http://www.arnet.gov/far/]
1-10. Compliance With the Constitution and Statutes of the
United States (AUG 1996)
Nothing in this contract shall be construed to authorize any activity in violation of
the Constitution or Statutes of the United States.
I-11. Organizational Conflicts Of Interest: General (JUL 2003)
(a) The contractor warrants that, to the best of its knowledge and belief, there
are no relevant facts that could give rise to Organizational Conflicts of Interest, as
defined in FAR 9.501. Or, alternatively, the contractor warrants that it has
disclosed all relevant information regarding any actual or potential organizational
conflict of interest.
(b) The contractor agrees that if an organizational conflict of interest with
respect to this contract is discovered during its performance, an immediate and
full disclosure in writing shall be made to the Contracting Officer. Such
notification shall include a description of the action the contractor has taken or
proposes to take to avoid, neutralize or mitigate such conflicts. The contractor
shall continue performance until notified by the Contracting Officer of any
contrary actions to be taken. The Government may, however, terminate the
contract for its convenience if it deems such termination to be in the best interest
of the Government.
(c) If the contractor was aware of an organizational conflict of interest before
award of this contract and did not fully disclose the conflict to the Contracting
Officer, the Government may terminate the contract for default.
(d) The contractor shall insert a clause containing all the terms and conditions of
this clause in all subcontracts for work to be performed similar to the services
provided by the prime contractor, and the terms "contract", "contractor", and
"contracting officer" modified appropriately to preserve the Government's rights.
(e) Before a contract modification is made that adds new work or significantly
increases the period of performance, the contractor shall agree to submit either
an organizational conflict of interest disclosure or representation or an update of
a previously submitted disclosure or representation,. if requested by the
Government.
(f) Contractor further agrees that Government may periodically review
contractor's compliance with these provisions or require such self-assessments
or additional certifications as Government deems appropriate.
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1-12. Organizational Conflict Of Interest: General Exclusion
(JUL 2003)
(a) The primary intent of this clause is to preclude the contractor, its successor,
or assignees (hereinafter referred to as the "contractor") from gaining, or allowing
another industrial contractor to gain an unfair competitive advantage on future
RAILHEAD-related acquisition contracts.
(b) Under this contract, the contractor will participate in the development of
Government plans, strategies, requirements, statements of work, or other
documentation that will provide the contractor with unique knowledge about an
opportunity to influence Government requirements and decisions.
(c) Because of the contractor's role under this contract, the Government may not
consider it as a source of supply for any hardware, software, or components
deliverable under future RAILHEAD-related contracts awarded because of
management decisions made in reliance upon deliverables produced under this
contract. Nor shall the Government consider it as a source of systems
engineering support to the prime contractor under such future system acquisition
contracts. Accordingly, the contractor agrees that it will not supply to the
Government (either as a prime contractor or subcontractor) or act as consultant
to a supplier of, any system, subsystem, or major component utilized for or in
connection with an item or other matter that is, directly or indirectly, related to the
subject of any work, prepared statement of work, or other services performed, or
materials delivered under this contract. The prohibitions contained herein
shall remain in effect for the life of the RAILHEAD program.
(d) The contractor agrees to notify the Contracting Officer if it has been invited to
propose on the above identified effort(s). It also agrees to withdraw any offer
made in connection with such invitation upon written notice. The effective
period of this restriction is the life of the RAILHEAD program. The
Government may, in its sole discretion, waive the above restrictions if, in its
judgment, participation by the contractor or any subcontractor in a future contract
or subcontract would not present a significant conflict of interest, or if it is
otherwise deemed to be in the best interest of the Government.
(e) The contractor further agrees that the Government may periodically review
contractor's compliance with these provisions or require such self-assessments
or additional certifications as Government deems appropriate. The contractor is
on notice that this clause supplements, and does not supersede the contractors
obligations under paragraph (b) of Organizational Conflict of
Interest - General.
(f) The contractor shall insert a clause containing all the terms and conditions of
this clause in all subcontracts for work to be performed similar to the services
provided by the prime contractor, and the terms "contract", "contractor", and
"contracting officer" modified appropriately to preserve the Government's rights.
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1-13. Organizational Conflicts Of Interest: Special Exclusion
(JUL 2003)
(a) The purpose of this clause is to aid in ensuring that the contractor (1) is not
biased because of its past, present, or currently planned interest (financial,
contractual, organizational, or otherwise) that relates to the work under this
contract, and (2) does not obtain any unfair competitive advantage over other
parties by virtue of its performance of this contract.
(b) The restrictions described herein shall apply to performance or participation
by the contractor and any of its affiliates or their successors in interest
(hereinafter collectively referred to as "contractor") in the activities covered by
this clause as a prime contractor, subcontractor, co-sponsor, joint venturer,
consultant, or in any similar capacity.
(c) In consideration for the award of this contract, the contractor agrees that it
shall be ineligible to participate in any capacity in Government contracts,
subcontracts, or proposals therefore (solicited or unsolicited) that stem directly
from the contractor's performance of work under this contract and fall into the
following category: RAILHEAD Program.
(d) Reserved.
(e) The contractor further agrees that the Government may periodically review
the contractor's compliance with these provisions or require such self-
assessments or additional certifications as the Government deems appropriate.
The contractor is on notice that this clause supplements, but does not supersede
the contractor's obligations under paragraph (b) of Organizational
Conflict of Interest - General.
(f) The contractor shall insert a clause containing all the terms and conditions of
this clause in all subcontracts for work to be performed similar to the services
provided by the prime contractor, and the terms "contract", "contractor", and
"contracting officer" modified appropriately to preserve the Government's rights.
1-14. 1 1Protection Of Information (JUL 2003)
(a) It is the Government's intent to ensure proper handling of sensitive planning,
budgetary, acquisition, and contracting information that will be provided to, or
developed'by, the contractor during contract performance. It is also the
Government's intent to protect the proprietary rights of industrial contractors
whose data the contractor may receive in fulfilling its contractual commitments
hereunder.
(b) Accordingly, the contractor agrees that it will not disclose, divulge, discuss, or
otherwise reveal information to anyone or any organization not authorized access
to such information without the express written approval of the Contracting
Officer. The contractor shall require that each of its employees assigned to work
under this contract, and each subcontractor and its employees assigned to work
on subcontracts issued hereunder, execute nondisclosure agreements
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acknowledging the above restrictions before providing them access to such
information. The contractor shall also require all future company employees,
subcontractors, and subcontractor employees needing similar access to such
information to execute nondisclosure agreements prior to providing them access
to the above identified information. The requirement for the contractor to secure
nondisclosure agreements from their employees may be satisfied by having each
employee sign one nondisclosure agreement as a term of their employment, and
need not be accomplished separately for each individual contract for which the
employee will support, unless a separate agreement is specifically requested by
the Contracting Officer. The contractor will make copies of these individual
agreements available to the Contracting Officer upon request. These restrictions
do not apply to such information after the Government has released it to the
contractor community, either in preparation for or as part of a future
procurement, or through such means as dissemination at Contractor Industrial
Forums.
(c) The contractor further agrees that any source documents furnished by the
Government and any contractor documents developed therefrom in the
performance of this contract are the sole. property of the Government and will be
held in the strictest confidence.
(d) If the work to be performed under this contract requires access to the
proprietary data of other companies, the contractor agrees to enter into an
agreement with the company that has developed this proprietary information to:
(1) protect such proprietary data from unauthorized use or disclosure for as long
as the information remains proprietary; and (2) refrain from using the information
for any purpose other than support of the Government contract for which it was
furnished. The contractor shall provide a properly executed copy of any such
agreement(s) to the Contracting Officer. These restrictions are not intended to
protect data furnished voluntarily without limitations on their use. Neither are they
intended to protect data, available to the Government or contractor, from other
sources without restriction.
(e) The contractor agrees to include in each subcontract a clause requiring
compliance by the subcontractor and succeeding levels of subcontractors with
the terms and conditions herein.
(f) The contractor agrees to indemnify and hold harmless the Government, its
agents, and employees from every claim or liability, including attorneys fees,
court costs, and expenses arising out of, or in any way related to, the misuse or
unauthorized modification, reproduction, release, performance, display, or
disclosure of data with restrictive legends received in performance of this
contract by the contractor or any person to whom the contractor has released or
disclosed the data.
(g) The contractor further agrees that the Government may periodically review
contractor's compliance with these provisions or require such self-assessments
or additional certifications as the Government deems appropriate. The contractor
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is on notice that this clause supplements, but does not supersede, the
contractor's obligations under paragraph (b) of clause
Organizational Conflict of Interest - General.
1-15. Mitigation Plan (JUL 2003)
Section J, Attachment 6 - RAILHEAD SCD Mitigation Plan of this contract
contains the Mitigation Plan for the Systems Concept Development contract
dated 6/23/06.
This plan is hereby incorporated by reference and made a part of this contract.
This Mitigation Plan applies to the Base IDIQ contract and all Task Orders issued
under it.
1-16.
Suspension and Debarment (AUG 2004)
The Agency has established suspension and debarment procedures consistent
with FAR Subpart 9.4. The Agency will provide a copy of said procedures to the
Contractor in the event a notice of proposed suspension or a notice of proposed
debarment is issued by the Agency or upon written request to the Contracting
Officer.
1-17.
Audit and Records Negotiation (AUG 2004)
(a) As used in this clause, "records" includes books, documents, accounting
procedures and practices, and other data, regardless of type and regardless of
whether such items are in written form, in the form of computer data, or in any
other form.
(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-
materials, labor-hour, or price redeterminable contract, or any combination of
these, the Contractor shall maintain and the Contracting Officer, or an authorized
representative of the Contracting Officer, shall have the right to examine and
audit all records and other evidence sufficient to reflect properly all costs claimed
to have been incurred or anticipated to be incurred directly or indirectly in
performance of this contract. This right of examination shall include inspection at
all reasonable times of the Contractor's plants, or parts of them, engaged in
performing the contract.
(c) Cost or pricing data. If the Contractor has been required to submit cost or
pricing data in connection with any pricing action relating to this contract, the
Contracting Officer, or an authorized representative of the Contracting Officer, in
order to evaluate the accuracy, completeness, and currency of the cost or pricing
data, shall have the right to examine and audit all of the Contractor's records,
including computations and projections, related to
(1) The proposal for the contract, subcontract, or modification;
(2) The discussions conducted on the proposal(s), including those related to
negotiating;
(3) Pricing of the contract, subcontract, or modification; or
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(4) Performance of the contract, subcontract or modification.
(d) Reports. If the Contractor is required to furnish cost, funding, or performance
reports, the Contracting Officer or an authorized representative of the Contracting
Officer shall have the right to examine and audit the supporting records and
materials, for the purpose of evaluating
(1) The effectiveness of the Contractor's policies and procedures to produce
data compatible with the objectives of these reports; and
(2) The data reported.
(e) Availability. The Contractor shall make available at its office at all reasonable
times the records, materials, and other evidence described in paragraphs (a), (b),
(c), and (d) of this clause, for examination, audit, or reproduction, until 3 years
after final payment under this contractor for any shorter period specified in
Subpart 4.7, Contractor Records Retention, of the Federal Acquisition Regulation
(FAR), or for any longer period required by statute or by other clauses of this
contract. In addition
(1) If this contract is completely or partially terminated, the Contractor shall
make available the records relating to the work terminated until 3 years after any
resulting final termination settlement; and
(2) The Contractor shall make available records relating to appeals under the
Disputes clause or to litigation or the settlement of claims arising under or
relating to this contract until such appeals, litigation, or claims are finally.
resolved.
(f) The Contractor shall insert a clause containing all the terms of this clause,
including this paragraph (f), in all subcontracts under this contract that exceed
the simplified acquisition threshold, and
(1) That are cost-reimbursement, incentive, time-and-materials, labor-hour, or
price-redeterminable type or any combination'of these;
(2) For which cost or pricing data are required; or
(3) That require the subcontractor to furnish reports as discussed in
paragraph.(d) of this clause.
The clause may be altered only as necessary to identify properly the contracting
parties and the Contracting Officer under the Government prime contract.
1-18. 1 (Timely Notice Of Litigation (AUG 1996)
(a) The Contractor hereby agrees to immediately give written notice to the
Contracting Officer of any anticipated or current litigation or any litigation that
may arise during the course of the performance of this contract, that involves or
in any way relates to or affects any aspect of this contract, its terms or costs,
pertinent subcontracts, or the Customer's relationship with the Contractor or
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Subcontractors. Said notice shall include all relevant information with respect
thereto.
(b) The Contractor agrees to insert this requirement in any subcontract under
this contract. In the event of litigation, the Subcontractor shall immediately notify
its next tier Subcontractor or the Prime Contractor, as the case may be, of all
relevant information with respect to such litigation.
(c) The Contracting Officer shall have access to and the right to examine any
pertinent books, documents, papers and records of the Prime Contractor or
Subcontractor(s) involving customer transactions related to any contract
litigation.
(d) Notwithstanding the foregoing, nothing in this agreement shall constitute.a
waiver of either party's right in litigation, including but not limited to, the rights of
attorney-client privilege, to obtain injunctive relief, and/or any rights or remedies
available.
1-19.
Intention to Use Consultants (AUG 1996)
(a) The Government intends to utilize the services of non-government
organizations in technical, advisory and consulting roles for overall review of the
activities covered by this contract. Although the consultants shall not have the
right of technical direction, they shall from time to time and on a frequent basis
attend technical reviews, participate in technical interchange meetings, observe
national processing, witness fabrication and assembly, and monitor testing within
the Contractor and Subcontractor facilities. Such consultants will be involved in
providing advice to the Government concerning viability of technical approaches,
utilization of acceptable procedures, value and results of tests, and other
management and contractual aspects of the program. The consultants will thus
require access to program-related Contractor facilities and documentation.
Contractor proprietary data shall not be made available to consultants unless and
until a protection agreement has been generated between the consultant and the
Contractor and evidence of such agreement made available to the Government.
Contractor proprietary cost and accounting data.will not be available to
consultant organizations.
(b) It is expressly understood that the operations of this clause will not be the
basis for an equitable adjustment.
1-20. Pricing Adjustment (OCT 2003)
The term "pricing adjustment' 'as used in paragraph (a) of the clauses entitled
"Price Reduction for Defective Cost or Pricing Data - Modifications",
"Subcontractor Cost or Pricing Data", and "Subcontractor Cost or Pricing Data -
Modifications", means the aggregate increases and/or decreases in cost plus
applicable profits.
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1-21. 1 Equal Employment Opportunity (JAN 2004)
(a) The Contractor shall comply with all applicable Federal and State equal
employment opportunity laws and regulations and Agency policies and practices
with respect to equal employment opportunity and a harassment-free workplace
whenever work is being performed on federal property.
(b) If either the Contracting Officer or a designated representative of the
Agency's Office of Equal Employment Opportunity provides the Contractor notice
of noncompliance with the applicable statutory or regulatory requirements which
are enumerated in paragraph (a), the Contractor, at no cost to the Government,
shall promptly take appropriate action. A copy of any documentation shall be
provided to the designated representative of the Agency's Office of Equal
Employment Opportunity.. If the Contractor fails or refuses to promptly take
appropriate action, the Contracting Officer may issue an order stopping all or part
of the work until such appropriate action is taken.
(c) Nothing in this clause shall relieve the Contractor from full performance of the
requirements of this contract, nor shall'it provide the basis for any claims against
the Government.
(d) The Contractor shall provide oral notification within two business days and
written notification within five business days to the Contracting Officer of the
Contractor's receipt of a claim made by a Contractor employee alleging any
violation of an equal employment opportunity requirement connected to
performance of this contract or connected to. activities occurring on Federal
property.
(e) The Government may elect to conduct an investigation surrounding the claim
if it is potentially a joint employer under EEOC Notice 915.002. In all such
instances, the Contractor shall cooperate with the Government's investigation. In
accordance with applicable law and to the extent possible, the Government shall
treat all information obtained from the investigation as information proprietary to
the Contractor.
(f) The Contractor's noncompliance with the provisions of this clause may be
grounds for termination under the default provisions of this contract.
(g) The Contractor shall insert this clause, including this paragraph (g) in all
subcontracts, with appropriate changes in the designation of the parties. The
prime contractor shall provide the Contracting Officer with a copy of all
notifications made pursuant to the provisions of this clause.
1-22. Workplace Health and Safety (JAN 2004)
(a) The Contractor shall comply with the Occupational Safety and Health Act
(OSHA) of 1970 (29 U.S.C. Section 651 et seq.) and regulations promulgated
thereunder including, but not limited to, the standards issued by the Secretary of
Labor at Part 1926 and Part 1910 of Title 29 of the Code of Federal Regulations.
The Contractor shall also comply with all applicable state occupational safety and
Page 50 of 55
 Contract
RAILHEAD - Systems Concept Definition, Base Contract
SRI International, Inc.
health laws and regulations. Noncompliance shall be grounds for termination of
this contract in accordance with its default provisions.
(b) Whenever the Contracting Officer becomes aware of any noncompliance
with these requirements or any condition that poses a serious or imminent
danger to health or safety, the Contracting Officer, or the authorized
representative of the Contracting Officer, shall notify the Contractor orally, with
written confirmation from the Contracting Officer, and request immediate initiation
of corrective action. This notice, when delivered to the Contractor or the
Contractor's representative at the worksite, shall be deemed sufficient notice of
the noncompliance and that corrective action is required. After receiving the
notice, the Contractor shall immediately take corrective action. If the Contractor
fails or refuses to promptly take corrective action, the Contracting Officer may
issue an order stopping all or part of the work until the Contractor takes
satisfactory corrective action. The Contracting Officer or the authorized
representative of the Contracting Officer may inform the Occupational Safety and
Health Administration (OSHA), or other cognizant federal, state, or local officials,
of such notification. The Contractor shall not be entitled to any equitable
adjustment of the contract price or extension of the performance schedule on any
stop work order issued under this clause.
(c) The Contractor shall insert this clause, including this paragraph (c) in all
subcontracts, with appropriate changes in the designation of the parties. The
prime contractor shall provide the Contracting Officer with a copy of all
notifications made by the prime contractor to a subcontractor pursuant to
paragraph (b) of this clause.
1-23. 1 Accident Reporting (JAN 2004)
(a) The Contractor shall provide oral notification to the Contracting Officer or the
authorized representative of the Contracting Officer when an accident occurs on
Federal property in connection with performance of this contract. Notification
must be given not later than twenty-four (24) hours after the accident occurs.
(b) When requested by the Contracting Officer or the authorized representative
of the Contracting Officer, the Contractor shall conduct an investigation of the
accident and shall prepare a report that identifies all pertinent facts related to the
accident. The report shall include, but not be limited to, the underlying cause(s)
of the accident and the actions the Contractor shall take to prevent the
recurrence of similar accidents. The Contractor shall submit the report to the
Contracting Officer or the authorized representative of the Contracting Officer not
later than fourteen (14) calendar days from the date the accident occurs.
(c) The Government may elect to conduct an investigation of the accident with
the assistance of the Contractor.
(d) Compliance with the provisions of this clause shall not entitle the Contractor
to an equitable adjustment in contract price or to an extension of performance
schedule.
Page 51 of 55
 Contracti
RAILHEAD - Systems Concept Definition, Base Contract
SRI International, Inc.
(e) The Contractor shall incorporate this clause, including this paragraph (e), in
all subcontracts, with appropriate changes in the designation of the parties.
1-24.
Tax Audits (JAN 2004)
If federal, state, or local tax officials request access to information under this
contract, the contractor shall immediately notify the Contracting Officer. The
contractor shall also request that the tax officials identify, in writing, the specific
information sought for review and shall forward the response and any related.
documentation to the Contracting Officer. Failure to provide notice to the
Contracting Officer may be grounds for denying a cost/price adjustment for the
resulting tax liability, if an adjustment is otherwise authorized by law and the
terms of this contract.
1-25. 1 Independent Review of Agency Protests (JAN 2004)
An independent review of protests to the agency, as defined in FAR 33.103(d)(4),
is available as an alternative to consideration by the Contracting Officer.
Requests for an independent review shall be submitted directly to the Contracting
Officer, along with the protest.
1-26. Contractor Personnel Supervision (DEC 2001)
The Contractor's personnel shall at all times be considered and recognized as
employees of the Contractor and under the Contractor's control. In order to
ensure that the services defined in the Statement of Work are satisfactorily
performed, the Contracting Officer or the COTR, shall issue directions and
requirements concerning the work to the designated supervisory personnel of the
Contractor who shall, in turn, ensure that the requested services are performed in
a manner satisfactory to such Contracting Officer or COTR.
1-27. Agency Alternate to FAR Clause 52.245-5 (MAR 2004)
(a) FAR Clause 52.245-5, Government Property (Cost-Reimbursement, Time-
and-Material, or Labor-Hour Contracts) is modified only as indicated below:
(g)(5) The contractor shall notify the contracting officer upon loss or destruction
of, or damage to, Government property provided under this contract with the
exception of low-value property for which loss, damage, or destruction is reported
at contract termination, completion, or when needed for continued contract
performance. The contractor shall take all reasonable action to protect the
Government property from further damage, separate the damaged and
undamaged Government property, put all the affected Government property in
the best possible order, and furnish to the Contracting Officer a statement of
(b) All other parts of FAR clause 52.245-5 remain unchanged.
1-28. Clauses Requiring Access by Other Government
Entities (JUL 2003)
Several clauses in this contract require reporting to other Federal agencies or
access by other Federal agencies to the Contractor's records for compliance
Page 52 of 55
 Contract
RAILHEAD - Systems Concept Definition, Base Contract
SRI International, Inc.
determinations or other reviews. If any such reporting, compliance
determination, or review involves this contract, the Contractor shall obtain the
Contracting Officer's written permission or guidance before participating.
1-29. 52.216-18 Ordering (Oct 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered
by issuance of delivery orders or task orders by the individuals or activities
designated in the Schedule. Such orders may be issued from 1 August 2006
through 31 July 2011.
(b) All delivery orders or task orders are subject to the terms and conditions of
this contract. In the event of conflict between a delivery order or task order and
this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the
Government deposits the order in the mail. Orders may be issued orally, by
facsimile, or by electronic commerce methods only if authorized in the Schedule.
1-30. 52.216-19 Order. Limitations (Oct 1995)
(a) Minimum order. When the Government requires supplies or services covered
by this contract in an amount of less than the Government is not
obligated to purchase, nor is the Contractor obligated to furnish, those supplies
or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor-
(1) Any order for a single item in excess of0
(2) Any order for a combination of items in excess of F_
(3) A series of orders from the same ordering office within =days that
together call for quantities exceeding the limitation in paragraph (b)(1) or
(2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at
subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the
Government is not required to order a part of any one requirement from the
Contractor if that requirement exceeds the maximum-order limitations in
paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall
honor any order exceeding the maximum order limitations in paragraph (b),
unless that order (or orders) is returned to the ordering office within_days
after issuance, with written notice stating the Contractor's intent not to ship the
Page 53 of 55
 Contract
RAILHEAD - Systems Concept Definition, Base Contract
SRI International, Inc.
item (or items) called for and the reasons. Upon receiving this notice, the
Government may acquire the supplies or services from another source.
Page 54 of 55
 RAILHEAD - Systems Concept Definition, Base Contract
SRI International, Inc.
SECTION J - LIST OF ATTACHMENTS
Attachment 1 - Statement of Objectives for the RAILHEAD Systems Definition
Contract - Base Contract
Attachment 2 -
Attachment 3 -
Attachment 4 -
Attachment 5 -
Attachment 6 -
Attachment 7 -
Attachment 8 -
Attachment 9 -
Template
Attachment 10 -
Attachment 11 -
Attachment 12 -
Attachment 13 -
Attachment 14 -
Attachment 15 -
Attachment 16 -
Attachment 17 -
Attachment 18 -
Attachment 19 -
Attachment 20 -
Attachment 21 -
Section B.1 Clauses
Government Property Report
Reporting Requirements For Government Property
RAILHEAD SCD Contract Data Classification Guide (CDCG)
RAILHEAD SCD Mitigation Plan
RAILHEAD SCD Concepts and Constraints
RAILHEAD SCD Past Performance Questionnaire
RAILHEAD Contractor Personnel Summary List (CPSL)
RAILHEAD Resume Template
RAILHEAD SCD SOW Template
RAILHEAD Base IDIQ Cost Template
RAILHEAD SCD Task Order 1 Cost Template
RAILHEAD SCD Task Order 2 Cost Template
Form 4311: Industrial Security Approval or Access Request
Form 328: Certificate Pertaining to Foreign Interests
RAILHEAD SCD Proposed Award Fee Plan
RAILHEAD Work Breakdown Structure
Key Management Personnel List (KMPL) Template
Subcontractor Notification Form
Electronic Funds Transfer (EFT) Form
Page 55 of 55
 Attachment No. 01: SOO Base
[This will be replaced by Attachment 01: SCD Base Statement of Work
at Contract Award]
 Statement of Objectives (SOO) for the
RAILHEAD System Concept Definition
(SCD) Contract
27 March 2006
National Co in.tertertcrjsr
Office of the Chief :Information Officer'
 1 (U) Introduction
(U) The mission of the National Counterterrorism Center (NCTC) is to inform, empower, and
help shape the national and international counterterrorism effort to diminish the ranks,
capabilities, and activities of current and future terrorists.
(U) It is the vision of the NCTC to become the nation's center of excellence for terrorism and
counterterrorism issues, orchestrating and shaping the national and international counterterrorism
effort to eliminate the terrorist threat to United States (US) interests at home and abroad.
(U) In August 2004, the President established the NCTC to serve as the primary organization in
the United States Government for integrating and analyzing all intelligence pertaining to
terrorism and counterterrorism (CT) and to conduct strategic operational planning by integrating
all instruments of national power. In December 2004, Congress codified the NCTC in the
Intelligence Reform and Terrorism Prevention Act (IRTPA) and placed the NCTC in the Office
of the Director of National Intelligence (DNI). The NCTC is a multi-agency organization
dedicated to eliminating the terrorist threat to US interests at home and abroad.
(U) NCTC serves as the principal advisor to the DNI on intelligence operations and analysis
relating to counterterrorism, advising the DNI on how well US intelligence activities, programs,
and budget proposals for counterterrorism conform to priorities established by the President.
(U) Unique among US agencies, NCTC also serves as the primary organization for strategic
operational planning for counterterrorism. Operating under the policy direction of the President
of the United States, the National Security Council, and the Homeland Security Council, NCTC
provides a full-time interagency forum and process to plan, integrate, assign lead operational
roles and responsibilities, and measure the effectiveness of strategic operational counterterrorism
activities of the US Government, applying all instruments of national power to the
counterterrorism mission.
Page 1
SCD BASE SOO - 03/27/2006
UNCLASSIFIED//FOR OFFUSE ONLY
 2 (U) Railhead
2.1 (U) Objectives
2.2 (U) Reference Material
2.3 (U) SCD Contract Objectives
Page 2
SCD BASE SOO - 03/27/2006
UNCLASSIFIED//FOR OFFICJ.kf USE ONLY
 2.4 (U) Program Management
2.5 (U) Business Process Re-engineering
2.6 (U) Architecture Definition
Page 3 SCD BASE SOO - 03/27/2006
UNCLASSIFIED//FOR 0
FFI ONLY
 2.7 - (U) Validation Support
3 (U) Facilities, Communications, Security, and Travel
Page 4 SCD BASE SOO - 03/27/2006
UNCLASSIFIED//FOR OFFICI E ONLY
 Page 5
UNCLASSIFIED//FOR OFFIC,I 5USE ONLY
SCD BASE SOO - 03/27/2006
 Page 6 CD BASE SOO -703/27/2006
UNCLASSIFIED//FOR OF SE ONLY
 National Counterterrorism Center (NCTC)
Railhead - System Concept Definition (SCD) RFP
Attachment 2
Section B.1 Clauses
Attachment 2
Page 1 of 7 RAILHEAD - Sy , io
 Type of Contract and Consideration (CPAF) (OCT 2003)
(a) This is a Cost-Plus-Award-Fee (CPAF) Completion type contract, as. identified under
Federal Acquisition Regulation (FAR) 16.405-2, in the total estimated amounts set forth
below:
Estimated Cost: $[ ]
Maximum Award Fee: $[ ]
Total Estimated CPAF: $ [ ]
(b) Award Fee shall be available for consideration of payment under the terms of the
"Award Fee Provisions" set forth under Attachment "[ ]" of this contract. The estimated
cost and award fee is predicated upon the Contractor furnishing the total effort specified
under the contract. In the event that the total effort is not provided, as specified, the fee
may be adjusted accordingly. The availability of maximum Award Fee dollars, with
respect to the evaluation periods is as follows:
Period No. Dates
Award Fee Available
Award Fee Earned
1 ( )
$[ ]
$[ ]
2 ( )
$[ ]
$[ ]
n. ( )
$1 ]
$[ ]
TOTAL:
$[ ]
$[ ]
(c) A provisional/interim fee payment, equivalent to [ ] percent of the allowable costs
incurred, is authorized for payment under this contract. Payment and/or adjustment of
such provisional/interim fee, to reflect the actual fee earned/awarded during any given
evaluation period, shall be made in accordance with the procedures and under the terms
and conditions described under the clause entitled "Provisional Fee Payment and
Adjustment".
(End of Clause)
cope of Contract (Statement of Work) (OCT 2003)
(a) The Contractor shall, in accordance with the terms and conditions set forth hereafter, furnish
the necessary qualified personnel, services, travel, facilities, and materials (except those
specifically designated to be provided by the Government) and do all things necessary and
incident to completion of the contractual effort in accordance with the Section C, Statement of
Work (SOW).
Type of Contract and Consideration (CPAF-LOET) (NOV 2005)
Attachment 2
Page 2 of 7
I
RAILHEAD - Sy iii n
 (a) This is a Cost-Plus-Award-Fee (CPAF) Level-of-Effort Term (CPAF-LOET) type
contract as described in FAR 16.305 in the total estimated amounts set forth below.
Estimated Cost: $[ ]
Base Fee: $[ ]
Maximum Award Fee: $[ ]
Total Estimated CPAF: $[ ]
(b) The Contractor shall expend its best effort towards accomplishing the Scope of
Contract work outlined above. The level-of-effort required for total performance under
this contract shall consist of a minimum of [ ] labor hours and/or a maximum of [ ]
labor hours. For the purposes of this contract, one person-week shall consist of forty
(40) direct, straight time hours expended by an individual assigned to and working under
this contract.
(c) Award fee shall be available for consideration of payment under the terms of the
"Award Fee Provisions" set forth under this contract. The availability of maximum
award fee dollars, with respect to the evaluation periods, is as follows:
Period No. Dates
Award Fee Available
Award Fee Earned
1 ( )
$[ ]
$[ ]
2 ( )
$[ ]
$[ ]
n ( )
$[ ? ]
$[ ]
TOTAL:
$[ ]
$[ ]
(d) A provisional/interim fee payment, equivalent to [ ] percent of the allowable costs
incurred, is authorized for payment under this contract. Payment and/or adjustment of
such provisional/interim fee, to reflect the actual fee earned/awarded during any given
evaluation period, shall be made in accordance with the procedures and under the terms
and conditions described under the clause entitled "Provisional Fee Payment and.
Adjustment".
(e) The estimated composition of the total labor-hours under this contract is as follows:
Labor Category Direct Labor Hours
[ ] [ ]
[ ] [ ]
TOTAL: [ ]
[ NOTE: CO shall include all relevant contract labor categories and hours from prime
and subcontractor(s) J
Attachment 2
rage .3 of 7 RAILHEAD - Sys ems oncep Definition
 (f) The Contractor shall continually evaluate the total level-of-effort required and
recommend, to the Government, changes thereto which are considered beneficial in
attaining the overall objectives of this contract. In controlling the utilization of labor-
hours, the Contractor shall promptly notify the Contracting Officer, in writing, when
there is an indication that premature exhaustion of the total labor-hours of effort is
predicted.
(g) It is understood and agreed that the rate of labor-hours per month may fluctuate in
pursuit of the technical objective; however, such fluctuations will be controlled to avoid
an exhaustion of the total labor-hours of effort before the expiration of the term of the
contract.
(h) It is further agreed that the Contractor may submit written requests for acceleration of the
average hourly rate of effort that will result in the utilization of the total labor-hours set forth above
prior to the expiration date of this contract. If the Contracting Officer approves the request, the
accelerated performance shall be without increase in fee and the transaction formalized by
modification to this contract.
(i) On or about the completion date of this contract, the Contractor shall submit to the
Contracting Officer a brief certified statement supported by a breakdown, by labor
category, of the labor hours actually expended in the performance of this contract.
(j) The fee for performance under this contract is predicated upon the Contractor
furnishing at least the minimum but up to and including the maximum effort specified. In
the event the minimum effort is not provided as.specified, the Government may, at its
unilateral option, reduce both the base fee and the award fee pool proportionally. Such
reduction, if necessary, will be applicable to all fees including those awarded/earned.
The fee shall be adjusted downward in accordance with the following formula:
Fee Reduction = Fee (in $) x (Target LOE-Expended LOE)
Target LOE.
"Fee Reduction" computed by the above formula is the dollar amount by which the fee
specified in the contract will be reduced. "Fee" in the above formula means the base fee
and maximum award fee for CPAF type contracts. "LOE" in the above formula means
"level of effort".
(k) In the event the Government desires in additional level-of-effort in excess of the maximum
labor-hours specified prior to contract completion, the parties may negotiate to make an equitable
adjustment of the amount of fee payable hereunder.
2003)
Scope of Contract (Cost-Reimbursement, Level-of-Effort Term) (OCT
The Contractor shall:
Attachment 2
Page 4 of 7
 (a) On a Level-of-Effort basis, perform assigned tasks, in accordance with the Statement of Work
(SOW), and all applicable Specifications, Application Standards and/or Requirements documents.
(b) In accordance with the terms and conditions set forth hereafter, furnish the necessary
qualified and properly cleared personnel, services, travel, facilities, and materials (except
those specifically designated to be provided by the Government) to enable
accomplishment of the task(s) assigned under this contract.
(c) Conduct and/or participate in a Progress Review Meeting, as required by the COTR,
in order to review task performance and completion.
(d) Prepare and submit monthly [insert number of copies] copies of the following
documentation:
(1) contract status report;
(2) [CO to fill in as applicable]
(NOV 2005)
Option For Increased Quantity - Direct Hours (Cost Reimbursement)
(a) The parties recognize that the total amount of direct labor hours set forth in the "Type
of Contract and Consideration" clause in Section B represent(s) the best estimate of the
number of direct hours that will be required to accomplish this contract effort. As the
work continues or evolves, the effort originally contemplated may enlarge or modify,
necessitating additional hours in excess of the amount set forth in said clause. As long as
the additional effort is deemed by the contracting officer to be within the scope of the
contract, the total amount of direct hours may be increased in order that additional effort
may be performed. Unless otherwise specified in the contract, any increase in total hours
shall be at the hourly rate as set forth in paragraph (b) below.
(b) The Government may increase the number of direct hours by issuing an appropriately
funded unilateral modification to this contract citing this clause as authority. Each
unilateral modification issued pursuant to this provision shall increase the total estimated
contract value set forth in the "Type of Contract and Consideration" clause in Section B,
at the estimated fully loaded cost and fee amounts as shown in the following table,
respectively for each direct hour added.
2007):
CPFF/LOET Work: Base Period (Start Date - End Date)
Labor Category
1. Option for Increased Quantity Within Base Period (17 Jul 2006 through 16 Jul
Estimated Cost/Hr.
Fixed Fee/Hr.
Total CPFF/Hr.
Attachment 2
Page 5 of 7 RAILHEAD - Systems oncep a mi ion
 (Offerors insert additional rows as necessary)
2. Option for Increased Quantity Within Option Period 1 (17 Jul 2007 through 16
Jul 2008):
CPFFILOET Work: Option 1 Period (Start Date - End Date)
Labor Category Estimated Cost/Hr. Fixed Fee/Hr. Total CPFF/Hr.
(Offerors insert additional rows as necessary) _
3. Option for Increased Quantity Within Option Period 2 (17 Jul 2008 through 16
Jul 2009):
CPFF/LOET Work: Option 2
Period (Start Date - End Date)
Labor Category
Estimated Cost/Hr.
Fixed Fee/Hr.
Total CPFF/Hr..
(Offerors insert additional rows as necessary)
4. Option for Increased Quantity Within Option Period 3 (17 Jul 2009 through 16
Jul2010):
CPFF/LOET Work: Option 3 Period (Start Date - End Date)
Labor Category
Estimated Cost/Hr.
Fixed Fee/Hr.
(Offerors insert additional rows as necessary)
5. Option for Increased Quantity Within Option Period 4 (17 Jul 2010 through 16
Jul 2011):
Attachment 2
Page 6 of 7 RAILHEAD -Sys ems Concept a coition
 CPFF/LOET Work: Option 4
Period (Start Date - End Date)
Labor Category
Estimated Cost/Hr.
Fixed Fee/Hr.
Total CPFF/Hr.
(Offerors insert additional rows as necessary)
(c) The number of direct labor hours that may be increased under this clause is not to
exceed 100% of the negotiated level-of-effort (LOE) as stated in the base contract or in
each negotiated option period. However, the authorizations for such increases must be
accomplished within the period of performance when the option is exercised.
Page 7 of 7 RAILHEAD - Systems Concept Definition
 Required Data Elements by Report Type
-
:} {;
i.}i: