AWARD/CONTRACT
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
0005548714
Release Decision:
RIPPUB
Original Classification:
U
Document Page Count:
68
Document Creation Date:
June 24, 2015
Document Release Date:
August 19, 2010
Sequence Number:
Case Number:
F-2008-01130
Publication Date:
June 5, 2006
File:
Attachment | Size |
---|---|
![]() | 3.81 MB |
Body:
amr-IrAr- ..
In .
Washington D.C. 20505
7. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)
L-3 Communications Titan Corporation
11955 Freedom Drive
S. DELIVERY
^ FOB ORIGIFN OTHER (See be%w)
9. DISCOUNT FOR PROMPT PAYMENT
10. SUBMIT INVOICES
(4 copies unless other- -I
wise spec(ffed) TO THE
ITEM
Section G
CODE 12266 FACILITY CODE 0005
ADDRESS SHOWN IN
1 I. SHIP TO/MARK FOR CODE
12. PAYMENT WILL BE MADE BY CODE
13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
^ 10 U.S.C. 2304(c) ( ) ^ 41 U.S.C. 253(c)
14. ACCOUNTING AND APPROPRIATION DATA
15A. ITEM NO.
15B. SUPPLIESISERVICES
15C. QUANTITY
15D. UNIT
15E. UNIT PRICE
15F. AMOUNT
15G. TOTAL AMOUNT OF CONTRACT
Reston, VA 20190
X
A
SOLICITATION/CONTRACT FORM
2
x r CONTRACT CLAUSES
30-38
X
B
SUPPLIES OR SERVICES AND PRICES/COSTS
3.9
PART M - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
X
C
DESCRIPTION/SPBCS./WORKSTATEMENT
10
X J LSTOFATTACHMENTS 39
X
D
PACKAGING AND MARKING
10
. PART. IV - REPRESENTATIONS AND INSTRUCTIONS
X
B
INSPECTION AND ACCEPTANCE
10
K
REPRESENTATIONS, CERTIFICATIONS AND OTHER
X
F
DELIVERIES OR PERFORMANCE
11-12
STATEMENTS OF OFFERORS
x
a
CONTRACT ADMINISTRATION DATA
13-18
L
INSTRS., CONDS., AND NOTICES To OFFERORS
X
H
SPECIAL CONTRACT REQUIREMENTS
19.30,
M
BVALUATION FACTORS FOR AWARD
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 350)
3. EFFECTIVE DATE
05 June 2006
17. ? CONY ACTOR' S NEGOTIATED AGREEMENT (Contractor itrequired to
sign this document and rvtum I captor to issuing office.) Contractor agrees .to
furnish and deliver all items or perform all the services set fbttb 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 docunseats: (a)
this award/contact, (b) the solicitation, if any, and (c) such provisions, representations,
certifications, and specifications, as are attached or Incorporated by reference heroin. (Attachments
are listed herein.)
APPROVED FOR RELEASE^ DATE:
06-23-2010
(b)(1)
(b)(2)
4. REQUISITION/PURCHASE REQUEST/PROJECT NO.
Multiple
PART U - CONTRACT CLAUSES
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 net forth in full above, is
hereby accepted as to the itene listed above and on any condition 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.
11 CONF1ENflAL
(b)(3)
(b)(4)
(b)(6)
Page 2 of 39
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.
Page 3 of 39
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
B-1 Contract Type (Hybrid Contract (CPAF, CPAF-LOE & FPAF)
CLIN001: Base Period 05 June 2006 to 31 May 2009 (CPAF)
Initial LSIE Infrastructure, delivery releases one through four, and engineering studies
during three-year base period. See WBS for CLIN Breakout.
CLIN002: Option Periods (CPAF-LOE)
Other development, Including Government directed special engineering studies during
option years. See WBS for CLIN Breakout.
CLIND03: Option Periods (CPAF)
Operations to provide all delivered LSIE functionality in accordance with SLA prior to Final
Operational Capability (FOC). See WBS for CLIN Breakout.
CLIN004: Option Periods (FPAF)
Operations to provide all delivered LSIE functionality in. accordance with SLA beyond
release 4, Final Operational Capability (FOC). See WBS for CLIN Breakout.
CLIN001
Exercised
CLINs
05 Jun 06 to 31 May 09
Q5 June 06 to 31 May09
*O&M CLIN003A is expected to begin near month 12 with IOC analytic capability and 213 page
cache of Ingested material. Full IOC is at month 18 with 4B page cache of ingested material.
In accordance with 52.217-9 Option to Extend the Term of the Contract (MAR 2000), the Government
reserves the right to require delivery of the effort identified as options at the prices stated in Section B-1.
Page 4 of 39
exercised)
Type of Contract and Consideration (CPAF) (OCT 2003) (CLIN 001)(CLIN 003 if
(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:
CLIN001
Maximum Award
Fee:
Total Estimated
CPAF: '
CLIN003A
(Not currently
exercised)
CLIN003B
(Not currently
exercised)
Total
(Exercised
CPAF CLINs
(b) Award Fee shall be available for consideration of payment under the terms of the "Award Fee
Provisions" set forth under Attachment 5 "Award Fee Plan," 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
ward Fee Available
ward Fee Earned
1 05 Jun 2006 to 30 Nov 2006
BD
2 01 Dec 2006 to 31 Ma 2007
BD
3 01 Jun 2007 to 30 Nov 2007
BD
01 Dec 2007 to 31 May 2008
BD
5 01 Jun 2008 to 30 Nov 2008
BD
6 01 Dec 2008 to 31 May 2009
BD
otai 05 Jun 2006 to 31 May 2009
$ -
(c) A provisional/interim fee payment, equivalent toU 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
Page 5 of 39
(Type of Contract and Consideration (CPAF-LOET) (NOV 2005) (CLIN 002, if exercised)
(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: $TBD
Base Fee: $TBD
Maximum Award Fee: $TBD
Total Estimated CPAF: $TBD
(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 TBD labor hours and/or a maximum of TBD 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 Attachment 5 "Award Fee Plan" of this contract. The availability of
maximum award fee dollars, with respect to the evaluation periods, is as follows:
1 ( )
$[ l
$[ )
2 ( )
$[ l
$[ l
n ( )
$1 ]
$[ ]
TOTAL:
$[ )
$[ l
(d) A provisional/interim fee payment, equivalent toUpercent 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: TBD
Labor Category Direct Labor Hours
[ l [ l
[ l [ l
[ ]
(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
Page 6 o f-39
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.
(1) 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.
Page 7 of 39
Type of Contract and Consideration (FPAF) (OCT 2003) (CLIN 004, if exercised)
(a) This Is a Fixed-Price-Award-Fee (FPAF) contract as identified in FAR 16.404. The total price
performance hereunder is set forth below:
CLIN004A (not
currently
exercised)
Maximum Award
Fee
CLIN004B (not
currently
exercised)
CLIN004C (not
currently
exercised)
Total (exe cised
FPAF CLI . s)
(b) Award Fee shall be available for consideration of payment under the terms of the "Award Fee
Provisions" set forth under Attachment "to be finalized prior to IOC" of this contract. The availability of
maximum Award Fee dollars, with respect to the evaluation periods is as follows: TBD
1 ( )
$[
l
$[ l
2 ( )
$1
l
$[ ]
n ( )
$[
l
$[ l
TOTAL:
$[
]
$[ ]
(c) A provisional/interim fee payment, equivalent to" percent of the allowable price incurred, is
authorized for payment under this contract. Payment and/or adjustment of such provisional/interi 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
B-2. I Incorporation of Award Fee Plan (OCT 2003)
The parties hereto agree that the fee payable under this contract shall be established in accordant .with
the award fee plan attached hereto and made a part hereof.
B-3. OScope of Contract (Statement of Work) (OCT 2003)
The Contractor shall, In accordance with the terms and conditions set forth hereafter, furnish the
ecessary 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 completi n of
he contractual effort In accordance with the Section C, Statement of Work (SOW).
B-4. (Limitation of Funds - Fixed-Price Contract (JAN 2004) (CLIN 004, if exercised)
(a) This firm-fixed-price contract is incrementally funded. The surn.of $TBD (when Option CLIN 004 is
exercised) is presently available for payment and is allotted to this contract. The parties contemplate
that the Government will allot funds to this contract in accordance with the following'schedule: TBD
On execution of contract
$ **
(month) (day), 200x
$
(month) (day), 200x
$
(month) (day), 200x
$ **
Page 8 of 39
(b) The Contractor agrees to perform up to the point at which the total amount payable by the
Government, including reimbursement in the event of termination for the Government's convenience,
approximates the total amount currently allotted to the contract. The Contractor will not be obligated to
continue work on this contract beyond that point. The Government is not obligated to reimburse the
Contractor for costs Incurred In excess of the total amount allotted to this contract by the Government
notwithstanding any language to the contrary in clauses elsewhere in this contract including but not
limited to "Type of Contract and Consideration" and "Termination for Convenience of the Government".
As used In this clause, the total amount payable by the Government in the event of termination for
convenience includes costs incurred for work performed prior to termination, profit on work done by the
Contractor for the terminated portion, and estimated termination settlement costs.
(c) Notwithstanding the dates specified in the allotment schedule in paragraph (a) of this clause,. the
Contractor will notify the Contracting Officer in writing at least 90 days before the date when, in the
Contractor's best judgment, the total amount payable by the Government (including any cost for
termination for convenience), will approximate 85 percent of the total amount allotted to the contract. The
notification will state (1) the estimated date when the Contractor will reach the 85 percent point and (2) an
estimate of additional funding, if any, needed to continue performance of the contract up to the next
scheduled date for allotment of funds identified in paragraph (a) of this clause, or to a mutually agreed
upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of
additional funds that will be required for the timely performance of the contract-effort funded pursuant to
this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (a) of this
clause or otherwise agreed to by the parties. If the Government does not allot additional funds by the
date identified in the Contractor's notification, or by an agreed substitute date after such notification, the
Contracting Officer will terminate any effort, for which additional funds have not been allotted, pursuant to
the clause of this contract entitled "Termination for Convenience of the Government".
(d) When the Government allots additional funds for continued performance of the contract, the parties
will agree to the period of contract performance that will be covered by the funds. The provisions of
paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and
agreed substitute date, and the Contracting Officer will modify the contract accordingly.
(e) If, solely by reason of failure of the Government to allot additional funds by the dates indicated above
in amounts sufficient for timely performance of the contract, the Contractor incurs additional costs or is
delayed In the performance of the work under this contract and if. additional funds are allotted, an
equitable adjustment will be made in the price (including appropriate target, billing, and ceiling price
where applicable) of the contract, or In the time of delivery, or both. Failure to agree to any such
equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the
clause entitled "Disputes".
(f) The Government may at any time before termination allot additional funds for performing the contract.
(g) The termination provisions of this clause do not limit the rights of the Government under the clause
entitled "Default". The provisions of this clause are limited to the work and allotment of funds for the
contract as set forth in paragraph (a) of this clause. This clause no longer applies once the Government
fully funds the contract, except with regard to the rights or obligations of the parties concerning equitable
adjustments negotiated under paragraphs (d) and (e) of this clause.
(h) Nothing in this clause affects the right of the Government to, terminate this contract pursuant to the
clause of this contract entitled "Termination for Convenience of the Government".
** To be inserted after negotiation.
Page 9 of 39
B-5. QAllotted Contract Funding (JAN 2004) (CLIN 001)( CLIN 002 & CLIN 003, if
exercised)
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:
Allottedl
Period: 05 Jun 2006 through 30 September 2006
B-6. Limited-Time Option
The parties agree that the Government may exercise, as a priced option, performance as set forth
in the proposal: This option, which expires 120 days from contract start,
is at the cost of or all CLINs, or the delta between the 23. May 2006 proposal
(awarded) and the 08 May 2006 proposal (B-6 option). If exercised within 60 days of contract start,
the delivery dates remain unchanged as proposed based upon a 01 June 2046 contract start. After
60 days, the delivery dates will be adjusted with a day-for-day slip from the clay the option is
exercised and 01 June 2006.
CLIN002A 101 Jun 09 to 31 May 10
CLIN002B 1 01 Jun 10 to 31 May 11
CLIN002C 1 01 Jun 11 to 31 May 12
CLIN003A 1 01 Jun 07 to 31 May 08
CLIN003B 1 01 Jun 08 to 31 May 09
CLIN004A J 01 Jun 09 to 31 May, 10
CLIN004B I 01 Jun 10 to 31 May 11
Page 10 of 39
Statement of Work (OCT 2003)
The Sponsor's Statement of Work entitled "FBIS Large Scale Internet Exploitation (LSIE)" dated 02
December 2005, which is Incorporated by reference or attached hereto, is made a part of this contract.
SECTION D - PACKAGING AND MARKING
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): www,amet.gov/far
52.246-2
52.246-3
52.246-4
52.246-5
Inspection of Supplies - Fixed-Price. . AUG 1996
Inspection of Supplies - Cost-Reimbursement. MAY 2001,
Inspection of Services - Fixed-Price. AUG 1996
Inspection of Services - Cost-Reimbursement. APR 1984
resting Related to Electronic Communication Equipment (APR 1984)
The Contractor understands and agrees that any testing plan or activity related to electronic
communications equipment developed, produced, or used under this contract will require approval of the
Contracting Officer to ensure compliance with provisions of Executive Order 12333 and Attorney General-
approved Implementing procedures. If such testing is contemplated under this contract, Contractor must
communicate with the Contracting Officer or a designated customer representative as early as possible
for specific information and guidance concerning approved Executive Order procedures. Prior to receipt
of approval, the Contractor will not engage in any such testing which may, in any way, involve the
collection of the contents of nonpublic communications of individuals without their consent.
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.
Inspection and Acceptance Test Procedures (APR 1984)
The Inspection or acceptance of work accomplished and/or items produced or deliverable under this
contract shall be performed in accordance with the procedures and prerequisites established under the
Inspection and Acceptance Test Procedures developed by the Contractor and approved by the
Government for application under the contract provision entitled "Inspection and Acceptance."
Page 11 of 39
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/these address(es): www.arnet.gov/far
52.242-15 Stop-Work Order. (AUG 1989) - Alternate I
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 bylaw or under this contract.
F-3.
Period of Performance (AUG 1996)
The period of performance of this contract shall be from 05 June 2006 to 31 May 2009.
This contract contains a three-year base period and several option periods:
CLIN001 05 Jun 06 to 31
May 09
CPAF
Development Work
Options Period of Perfor
mance
Type
Scope
CLIN002A 01 Jun 09 to 31
May 10
CPAF/LOE
Engineering Studies
CLIN002B 01 Jun 10 to 31
May 11.
CPAF/LOE
Engineering Studies
CLIN002C 01 Jun 11 to 31
May 12
CPAF/LOE
Engineering Studies
CLIN003A 01 Jun 07 to 31
May 08
CPAF
Operations & Maintenance
CLIN003B 01 Jun 08 to 31
May 09
CPAF
Operations & Maintenance
CLIN004A 01 Jun 09 to 31
May 10
FPAF
Operations & Maintenance
CLIN004B 01 Jun 10 to 31
May 11
FPAF
Operations & Maintenance
CLIN004C 01 Jun 11 to 31
May 12
FPAF
Operations & Maintenance
Place of Performance (AUG 1996)
The orincloal Diace of performance under this contract shall be the Contractor's facilities located at
Contract Status Report (DEC 2001) (Modified)
Monthly contract status reports shall be submitted in 5 copies 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 of the
Monthly Contract Status Report exemplar. Failure to submit this report will result in delay in payment of
invoices.
Page 12 of 39
F-6. I (Protected Shipment (MAR 2004)
(a) In the event any material or items are, or may later become, SECRET or CONFIDENTIAL, and when
the size or weight of such material or Items classified SECRET or CONFIDENTIAL makes shipment.by
registered mail impractical, commercial shipment shall be made as directed.by:the Contracting Officer.
The Contractor must securely crate and band the material; and, before shipment, the Contractor shall
advise the Contracting Officer of:
(1) The date the material shall be shipped;
(2) The approximate date of arrival; and
(3) The approximate weight, size, and number of cartons.
(b) Bulk shipments of TOP SECRET material shall be made.only after the Contractor notifies the
Contracting Officer that the material is ready for shipment and requests specific instructions regarding
such shipment.
Shipping Instructions - COTR Directed (AUG 1996)
Deliverable reports and data submissions shall be delivered in accordance with instructions to be
provided by the Contracting Officer's Technical Representative (COTR).
Page 13 of 39
G-1. Settlement - Cost Type Contracts (APR 2006)(CLIN 001)(CLIN 002 & CLIN 003, if
exercised)
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 Invoice or 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" invoice or voucher. The receipt of an invoice marked
"FINAL" shall initiate the settlement of this contract. This "FINAL" invoice is not to be transmitted via
electronic submission, but must be submitted in hard copy to the address listed below. (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.
Page 14 of 39
Settlement - Fixed Price Services. (APR 2006) (CLIN 004, if exercised)
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)
One complete set of closeout documentation shall be mailed, postage prepaid, to the Contracting Officer
at the address on page 1 of this contract.
If you have any questions in regard to the closeout procedure, please contact the Contracting Officer.
Billing Cycle (JAN 2004)
Pursuant to the "Electronic Submission of Payment Requests" clause, the Government will issue
payment only after services have been rendered. Consequently, Contractors shall submit invoices in
arrears and no more frequently than monthly.
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.
ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (APR 2006)
(a) Definitions. As used in this clause-
(1) "Contract financing 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 contract financing payment or invoice payment
submitted by the Contractor under a contract.
(b) Except as provided in paragraphs (c) and (e) of this clause, the Contractor shall submit payment
requests' using the Agency's Web Invoicing System (Wins). If the Contractor is not registered in WInS,
the Contractor shall call the Vendor Service Center on within two weeks of contract award
to register. Items needed to facilitate registration include: a valid contract number and the name, phone
number, and e-mail address for the Contractor's point of contact. The Contractor may make inquiries
regarding invoices to the payment office on
Page 15 of 39
(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 a
method mutually agreed to by the Contractor, the Contracting Officer, and the payment office.
(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 the final invoice or voucher for cost reimbursement contracts in
accordance with the "Settlement - Cost Type Contracts" clause of this contract.
G-6. 1 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-
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.
Alternate 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.
Novatlon/Change-of-Name Notification Requirement (MAR 2004)
.(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:
Page 16 of 39
Washington, DC 20505
(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.
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
Administrator at the address Indicated below within thirty (30) days after receipt of this contract.
Contract Settlement
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 entitled "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.
Page 17 of 39
(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 entitled "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 entitled "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 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 entitled "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 entitled "Reporting Requirements for Government Property".
Page 18 of 39
SECTION H - SPECIAL CONTRACT REQUIREMENTS
Fraud, Waste, and Abuse - Unclassified Association (DEC 2002)
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 (703) 874-2600.
Security Requirements - General (SEP 2004)
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Pag~f 39
Page 21 of 39
Page 22 of 39
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 term 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.
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.
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 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.
Page 23 of 39
(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.
Security Requirements - Software Certification (JUN 1998)
(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 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.
Security Requirements - Program (SEP 2002)
The Contractor shall maintain an overall Security Program in accordance with the requirements of the
National Industrial Security Program Operating Manual dated January 1995 which is hereby
Incorporated by reference and made a part hereof. All automated information systems utilized to process
project information will be operated in accordance with the requirements of the National Industrial
Security Program Operating Manual Supplement dated February 1995, its successor documents; or
Director of Central Intelligence Directive (DCID) 6/3. Revisions to these documents, when published, will
be provided to the Contractor and will become a part hereof upon such issuance.
L-3 Communications
2006-0886723-000
Page 24 of 39
Personal Conduct (JUL 1997)
(a) The Contractor and Its employees shalt 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.
Notification of Issuance of Classified Subcontracts (JAN 2006)
(a) The contractor shall provide to the Contracting Officer written notice of all subcontracts issued
hereunder wherein any aspect of the subcontract (work, reports, hardware, and/or if the subcontractor
has a need to know the association between the Agency and the prime contractor) 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 a SF328 and KMPL on the
subcontractor's parent organization as required by clause (3) 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.
Page 25 of 39
Reporting and Training Requirements for
Personnel (APR 2006)
The Industrial Contractor who has staff-like
training requirements:
Approved Contractor
access has the following mandatory reporting and
(a) Financial Disclosure. A Financial Disclosure Form must be completed by the cleared individual within
30 days of approval date and then every two years depending upon their last name in accordance with
Agency direction.
(b) Foreign Contacts. All unofficial foreign contacts must be reported in accordance with Agency
Regulation] Unofficial Contact with Foreign Nationals.
(c) Foreign Travel. All personal foreign travel must be reported in accordance with Agency Regulation
Personal Foreign Travel.
(d)
Systems must complete annual Infosec ram
the past five calendar years.
All contractors with access to Agency information
shall attend the Sponsor's next available
briefing unless s/he has attended a[
H-13. I Prohibition Against Recruiting in Agency Facilities (AUG 2004)
briefing within
(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.
L-3 Communications
Page 26 of 39
H-14. 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 23 May 2006 is
Incorporated herein by reference and made a part of this contract.
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) Attachment A - Incentive and Award Fee Plan (if applicable)
(3) Statement of Work
(4) Other provisions of the contract when attached or incorporated by reference
(5) Specifications
(6) Technical Provisions of the Contractor's Proposal(s) dated 23 May 2006.
(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.
Key Personnel (AUG 1996)
(a) The Contractor shall identify the key technical, management and administrative personnel to,be
assigned to work under this contract:
(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 In sufficient 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.
Provisional Fee Payment and Adjustment (OCT 2003)
Provisional/Interim billing and payment of fee, equivalent to[ percent of allowable costs incurred, is
authorized. Adjustment of such provisional fee payments, to reflect and account for the actual fee
Page 27 of 39
earned/awarded (Award Fee) for the period evaluated, shall be made in accordance with the following
criteria:
(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.
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..
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 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.
Page 28 of 39
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.
Changes Requiring No Equitable Adjustment (MAR 2004)
(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.
Limitation of Working Groups (MAR 2004)
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.
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 $550,000 or more, the Contractor shall submit
(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.
Page 29 of 39
H-24. Authorization and Consent (Special)
Pursuant to 28 USC 1498(b), the Government authorizes and consents to all use of any works
protected by the copyright laws of the US in performing this contract in accordance with its
requirements. In the event a copyright infringement claim is brought against the contractor in
connection with performance of this contract, and to the extent that the referenced statute is
applicable to the copyright infringement claim, the Government agrees that the exclusive action
by an copyright owner Is an action by such owner in the Court of Federal Claims against the
United States. In the event such a claim is brought, against the contractor or in any other United
States court, the Agency understands that the contractor shall be entitled to assert 28 USC
1498(b) as an affirmative defense. In such a case, the Agency agrees to request that the
Department of Justice assist the contractor In asserting such a defense. Alternatively, the
Government may seek transfer of the case to the Court of Federal Claims with the United States
substituted as the defendant in the case. In such case, the contractor agrees to cooperate with
and provide reasonable assistance to the Government in defending against the claim.
Page 30 of 39
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): www.arnet.gov/far
52.202-1 Definitions. JUL 2004
52.203-3 Gratuities. APR 1984
52.203-5 Covenant Against Contingent Fees. APR 1984
52.203-6 Restrictions on Subcontractor Sales to the Government. JUL 1995
52.203-7 Anti-Kickback Procedures. JUL 1995
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. JAN 1997
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. JAN 1997
52.203-12 Limitation on Payments to Influence Certain Federal Transactions. JUN 2003
52.204-4 Printed or Copied Double-Sided on Recycled Paper. AUG 2000
52.209.6 Protecting the Government's Interest When Subcontracting with Contractors Debarred,
Suspended, or Proposed for Debarment. JAN 2005
52.215-10 Price Reduction for Defective Cost or Pricing Data. OCT 1997
52.215-12 Subcontractor Cost or Pricing Data.. OCT 1997
52.215-15 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 Benefits (PRB) Other Than
Pensions. JUL 2005
52.217-8 Option to Extend Services. NOV 1999
52.222-1 Notice to the Government of Labor Disputes. FEB 1997
52.222-3 Convict Labor. JUN 2003
52.222-21 Prohibition of Segregated Facilities. . FEB 1999
52.222-26 Equal Opportunity. APR 2002
52.222-29 Notification of Visa Denial. JUN 2003
52.222.35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other
Eligible Veterans. DEC 2001
52,222-36 Affirmative Action for Workers with Disabilities. JUN 1998
52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and
Other Eligible Veterans. DEC 2001
52.223-6 Drug-Free Workplace. MAY 2001
52.223-14 Toxic Chemical Release Reporting. AUG 2003
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
52.227-14 Rights In Data - General. JUN 1987
52.227-19 Commercial Computer Software - Restricted Rights. JUN 1987
52.228-7 Insurance - Liability to Third Persons. MAR 1996
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
52.232-1 Payments. APR 1984
52.232-17 Interest. JUN 1996
52.232-22 Limitation of Funds. APR 1984
Page 31 of 39
52.232-25
Prompt payment. OCT 2003
52.233-1
Disputes. JUL 2002
52.233-3
Protest after Award. AUG 1996
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 Vegetat
ion. APR 1984
52.242-1
Notice of Intent to Disallow Costs. APR 1984
52.242-13
Bankruptcy. JUL 1995
52.243-1
Changes - Fixed-Price. AUG 1987
52.243-2
Changes - Cost-Reimbursement. (AUG 1987) - Alternate I
APR 1984
52.246-25
Limitation of Liability - Services. FEB 1997
52.247-63
Preference for U.S.-Flag Air Carriers. (JUN 2003
52,248-1
Value Engineering. (FEB 2000) - Alternate III APR 1984
52.249-2
Termination for Convenience of the Government (Fixed-Price). MAY 2004
52.249-6
Termination (Cost-Reimbursement). MAY 2004
52.249-8
Default (Fixed-Price Supply and Service). APR 1984
52.249-14
Excusable Delays. APR 1984
P
9
52.251-1
Government Supply Sources. A
R 1
84
1-2. 52.217-9 Option to Extend the Term of the Contract. (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor
within 30 days of the end date for the period for performance currently under contract;
provided that the Government gives the Contractor a preliminary written. notice of its intent to
extend ?at least 60 days before the contract expires. The preliminary notice does not commit the
Government to an extension.
(c) The total duration of this contract, including the exercise of any options under this clause, shall
not exceed 72 months.
1-3. 52.222-2 Payment for Overtime Premiums. (JUL 1990)
(a) The use of overtime is authorized under this contract if the overtime premium does not exceed
0 or the overtime premium is paid for work -
1-4. 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 Q) 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 no later than 15 days prior td 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).
Page 32 of 39
1-5. 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 15 calendar days from the date that the Contractor identifies any
Government conduct (Including actions, inactions, and written or oral communications) that the Contractor
regards as a change to the contract terms and conditions. On the basis of the most accurate information
available to the Contractor, the notice shall state -
(d) Government response. The Contracting Officer shall promptly, within 15 calendar days after receipt
of notice, respond to the notice in writing. In responding, the Contracting Officer shall either -
1-6. 52.244-5 Competition In Subcontracting. (DEC 1996)
(a) The Contractor shall select subcontractors. (including suppliers) on a competitive basis to the
maximum practical extent consistent with the objectives and requirements of the contract.
(b) If the Contractor is an approved mentor under the Department of Defense Pilot Mentor-
Protege Program (Pub. L. 101 -510, section 831 as amended), the Contractor may award
subcontracts under this contract on .a noncompetitive basis to its proteges.
1-7. 52.244-6 Subcontracts for Commercial Items. (DEC 2004)
(a) Definitions. As used in this clause-
"Commercial Item" has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.
':Subcontract" Includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the
Contractor or subcontractor at any tier.
(b) To the maximum extent practicable, the Contractor shall incorporate, and require its
subcontractors. at all tiers to Incorporate, commercial items or nondevelopmental items as
components of Items to be supplied under this contract.
(c)(1) The following clauses shall be flowed down to subcontracts for commercial items:
(1) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C.
637(d)(2) and (3)), in all subcontracts that offer further subcontracting
opportunities. If the subcontract (except subcontracts to small business
concerns) exceeds $500,000 ($1,000,000 for construction. of any public facility),
the subcontractor must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
(ii) 52.222-26, Equal Opportunity (APR 2002) (E.O. 11246).
(iii) 52.222-35, Affirmative Action for Disabled Veterans and Veterans of the
Vietnam Era (APR 1998) (38 U.S.C. 4212(a)).
2006-0886723-000
Page 33 of 39
(iv) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29
U.S.C. 793).
(v). 52.222-39, Notification of Employee Rights Concerning Payment of Union
Dues or Fees (DEC 2004).(E.O. 13201). Flow down as required in accordance
with paragraph (g) of FAR clause 52.222-39).
(vi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels
(APR.2003) (46 U.S.C. Appx 1241 and 10 U.S.C. 2631) (flow down required in
accordance with paragraph (d) of FAR clause 52.247-64).
(2) While not required, the Contractor may flow down to subcontracts for commercial
items a minimal number of additional clauses necessary to satisfy its contractual
obligations.
(d) The Contractor shall include the terms of this clause, including this paragraph (d), in
subcontracts awarded under this contract.
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.
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.
Page 34 of 39
Protection 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 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 is on notice that this clause su lements, but does not supersede, the
contractor's obligations under paragraph (b) of clause Organizational Conflict of Interest -
General.
Page 35. of 39
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.
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
(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.
Page 36 of 39
(e) Avallablilty. 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 contract or 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 appeal's, 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.
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 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, arid/or any rights or remedies available.
L-3 Comn: S
Page 37 of 39
t-14. Intention to Use Consultants (AUG 1996)
(a) The Government Intends to utilize the services of nongovernment 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.
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.
L-3 Communications
Page 38 of 39
1-16. WorkplaceHealth 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 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.
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.
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.
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 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.
Page 39 of 39
1)
2)
3)
4)
5)
6)
7)
8)
9)
Statement of Work "FBIS, Large Scale Exploitation (LSIE) System" dated 02 December 2005.
LSIE Customer Requirements Document dated 22 December 2005.
LSIE System Concept of Operations dated 02 December 2005.
Award Fee Plan dated 1 June 2006.
LSIE Work Breakdown Structure IJune 2006.
Government Furnished Property List 28 April 2006.
Government Property Report.
Reporting Requirements for Government. Property.
CIA denied in full 140 pages of this contract.
UNCLASSIFIED
AWARD FEE PLAN
FOR
Large Scale Internet Exploitation (LSIE) System
UNCLASSIFIED
UNCLASSIFIED
1. PURPOSE OF AWARD FEE: The Government's purpose in granting an Award Fee is to
provide encouragement by rewarding the Contractor for demonstrating superior performance in
achieving the objectives of the contracted effort and discharging all contractual obligations.
2. AWARD FEE: In addition to any Base Fee to be paid, the Contractor may earn a maximum
possible award fee in the amount specified under the contract clause entitled "Type of Contract
and Consideration". The total possible award fee specified therein will be made available at. the
intervals and In the incremental amounts specified. The Contractor's performance will be
evaluated and fee will be awarded in accordance with the procedures, terms, and criteria set
forth throughout this plan.
3. EVALUATION PERIODS: As specified under the contract clause entitled "Type of Contract
and Consideration," performance evaluations will be conducted in six (6) month intervals for
'the purpose of determining the amount of award fee earned. The incremental fee amounts
associated with each period of evaluation have been quantified on the basis of the extent and/or
type of work to be accomplished during the individual periods. Should the contract be modified
to affect either the scheduled delivery/performance or scope of work, the periods of evaluation
and the corresponding increments of fee will be adjusted to account for such changes.
4. GENERAL EVALUATION CATEGORIES AND CRITERIA: The evaluation criteria are set
forth below (not necessarily listed in order of importance). Not all of the criteria within each of
the evaluation categories identified below will be applicable to the work to be accomplished
during any given period of evaluation. The Government may develop individual and more
specific sets of criteria for each evaluation period.
(a) Technical Performance: Performance in this area may be evaluated relative to
accomplishments associated with but not necessarily limited to the following:
(i) The analysis, interpretation, definition, verification and/or execution of
technical requirements;
(ii) Comprehension of and compliance with the detailed and/or functional.
requirements documents (including the Statement of Work/Objective);
(iii) The reasonableness of proposed technical tradeoffs from the standpoint of
their effect on quality, maintainability, reliability and overall performance of the
components and/or system;
(iv) The development of technical objectives and/or Quality Assurance
procedures to assure the reliability, integrity and maintainability of the overall system;
(v) The ability to recommend and/or carry out practical solutions in areas of
technical deficiency; and
(vi) The acceptability of the system in an operational environment.
UNCLASSIFIED
UNCLASSIFIED
Award Fee Plan
(b) Project. Management: Performance in this area may be evaluated relative to
accomplishments associated with but not necessarily limited to the following:
(i) The use and effectiveness of program planning and organization
management techniques;
(ii) The ability to effectively manage and/or provide timely, accurate and
substantive technical direction to subcontractors;
(iii) The ability to provide, properly place and/or effectively use qualified
personnel;
(iv) The effective use of Government and Contractor resources;
(v) The timely recognition and/or anticipation of problem areas to avoid or
recover from delays;
(vi) The ability to focus attention on critical issues and problem areas;
(vii) The ability to provide innovative and practical solutions to problem areas
declared by the Government;
(viii) The formulation of technical guidance or management decisions which are
consistent with contract objectives;
(ix) The degree of Government visibility into the management.of the project from
both a technical and cost standpoint; and
(x) Compliance with contractual requirements.
(c) Schedule/Delivery Performance: Performance in this area will be evaluated
relative to accomplishments associated with but not necessarily limited to the following:
(i) The extent to which contract performance is ahead or behind schedule;
(ii) The effective use of schedule alternatives to meet program and/or contract
objectives;
(iii) The ability to identify schedule conflicts resulting from problem areas and
overcome them in order to maintain or improve schedules;
(iv) The degree of Government visibility into the progress of the contract as
expressed in the level of detail included in progress/schedule reporting; and
UNCLASSIFIED
UNCLASSIFIED
Award Fee Plan
(v) The thoroughness and accuracy of progress reporting.
(d) Security Performance: Performance in this area. will be evaluated relative to
accomplishments associated with but not necessarily limited to the following:
(i) The timely submission of Contractor-personnel security approval requests as
required by the contract;
(ii) The extent to which the security policies and standards set forth under this
contract are adhered to;
(iii) The Contractor's overall record of compliance with established Agency
security directives and procedures, including prompt actions taken to correct any noted
deficiencies.
(e) Cost Performance and Control: Performance in this area will be evaluated relative
to accomplishments associated with but not necessarily limited to the following:
(I) The ability to remain within the estimated total cost of the contract and, if
necessary, the incremental funding profiles;
(ii) The degree of Government's visibility into the actual and budgeted cost of the
contract, as expressed in the level of detain included in cost (funds expenditure)
reporting;
(iii) The timeliness and accuracy of cost and/or person-hour expenditure
reporting;
(iv) The adequacy, maintenance and reliability of the overall financial
management plan;
(v) The ability to identify areas of possible cost growth- early and/or implement
effective management controls to enable cost increases to be foreseen;
(vi) The ability to recommend and/or implement practical solutions in areas of
cost growth;
(vii) The extent to.which cost reduction efforts are employed as a management
tool or objective through economies in the use of direct labor and/or alternate
technical/management approaches;
(viii) The extent to which cost reductions are realized through the use of
alternate arrangements, designs, processes or methods, etc; and
(ix) The ability to provide timely, complete and accurate cost estimates
(proposals) applicable to contract changes and/or revised "Estimate to Complete."
(f) Milestone Award Fee Amounts: Performance in this area may be evaluated
relative to accomplishments associated with but not necessarily limited to the following:
(i) Successful completion of a milestone. Milestones will be set by the COTR
before the award fee period. Most milestones will be based on successful completion of
a Control Gate or successful delivery and acceptance of a software build at ?ORR.
(ii) Government will evaluate and score the milestone amount based on how
successfully the milestone was completed and if the milestone was completed on time
based on the government approved LSIE Master Schedule. Missing a milestone does
not eliminate the entire payment associated with that milestone. It is still possible to
earn a portion of the milestone payment.
(iii) The total CLIN 001 milestone award fee pool will be 50% of the overall CLIN
001 award fee dollars.
(iv) Some milestones amounts will be weighted higher than other milestone
amounts based on the milestone the government assessment of.the milestone criticality
within the overall LSIE project. (The award fee schedule for all CLINS with milestones
amounts and period criteria amounts is Attachment A of this document).
5. SPECIFIC EVALUATION CRITERIA: The evaluation categories and criteria to be applied
to each Individual evaluation period will be established by the Government and provided to the
Contractor In accordance with the following guidelines and procedures:
(a) At the discretion of the Contracting Officer and designated Government Project
Manager/Contracting Officer's Technical Representative (COTR), a meeting between cognizant
Government and Contractor representatives may be convened, no later than fifteen (15)
calendar days prior to the scheduled start of each evaluation period, to review the technical
progress and financial status of the contract, in order to identify any area of concern and/or
possible Improvement expected relative to the upcoming period.
(b) After considering the information which may be derived from such a meeting or
otherwise made available and while recognizing that not all of the "General Evaluation Criteria"
will necessarily apply, the Government will formulate the specific criteria and weightings to.be
applied to the next evaluation period, with consideration given to the following:
(i) The Contractor's accomplishments, problems, strengths and/or weaknesses
during the current period of evaluation, from either a technical, cost or management
standpoint;
UNCLASSIFIED
(ii) The milestones and/or objectives to be accomplished during the forthcoming
evaluation period;
(iii) The general evaluation categories and the extent to which definitive criterion
may be developed and applied to various aspects of the next period of evaluation;
(iv) The category weighting range table and the emphasis needed to direct the
Contractor's attention to an area of interest to the Government or motivate the
Contractor towards better performance.in an area of immediate concern; and
(v) Any other factors considered by the Government to be pertinent to Contractor
performance during the scheduled evaluation period.
(c) Prior to the scheduled start of each evaluation period, or no later than the award fee
modification for the previous period, the Government will provide written notification to the
Contractor concerning the "Specific Evaluation Criteria" to be applied during the period. The
Government's notification shall provide the Contractor with specific guidance relative to the
areas of special emphasis under the forthcoming period of evaluation.
5:A. First Period Award Fee Criteria
Technical Performance (Weight 40%)
- Comprehension of the Customer Requirements.
- Innovative/creative approach to meeting DNI Open Source requirements.
- The analysis, interpretation, definition, verification and/or execution of technical
requirements.
Successful execution of key Systems Engineering studies to mitigate project risk areas.
Credibility and reasonableness of tradeoff analyses performed from .the standpoint of
their effect on quality, maintainability, reliability and overall performance of the
components and/or system.
Ability to identify high-risk areas and develop realistic risk mitigation plans.
Program Management (Weight 35%)
Comprehension of and compliance with the Statement of Work.
The thoroughness and accuracy of progress reporting.
The ability to provide, properly place and/or effectively use qualified personnel in a timely
manner. Staffing up during the initial contract phase will be critical.
The ability to effectively manage and /or provide timely, accurate-and substantive
technical direction to subcontractors.
- The ability to focus attention on critical issues and problem areas.
- The ability to provide innovative and practical solutions to problem areas declared by the
Government.
- Compliance with Contractual objectives.
- The effective use of Government and Contractor resources.
UNCLASSIFIED
UNCLASSIFIED
Schedule (Weight 1.0%)
- Successful completion of scheduled project control gates.
- The extent to which contract performance is ahead or behind schedule.
- The effective use of schedule alternatives to meet program and/or contract objectives.
- The ability to identify schedule conflicts resulting from problem areas and overcome
them in order to maintain or improve schedule.
The ability to successfully coordinate with other DNI Open Source technical schedules
that may have dependencies.
Cost Performance Control (Weight 10%)
- The ability to remain within the budgeted total cost of the contract.
- The degree of Government's visibility into the actual and budgeted cost of the contract,
as expressed in the level of detail included in cost (funds expenditure) reporting.
- The timeliness and accuracy of cost reporting.
- The ability to Identify areas of possible cost growth early and/or implement effective
.management controls to enable cost increases to be foreseen.
- The extent to which cost reduction efforts are employed as a management tool or
objective through economies in the use of direct labor and/or alternate
technical/management approaches.
- The extent to which cost reductions are realized through the use of alternate
arrangements, designs, processes or methods, etc.
Security (Weight 5%)
The timely submission of contractor personnel security approval requests as required by
the contract.
The extent to which the security policies and standards set forth under this contract are
adhered to.
6. EVALUATION CATEGORY WEIGHTINGS: As stated above, the Government will
determine the category weights to be applied to the upcoming period:and may provide written
notification of the assigned weights to the Contractor. Although each of the evaluation
categories identified under paragraph 5 above will apply to every.period of evaluation, the
weights associated with each category may vary from period to period. However, the sum total
of the applied weights will equal one hundred (100) percent. The following table provides'
sample ranges within which specific weightings may be identified for use during a given
evaluation period:
Recommended Category Weighting Table
Category Weighting (%) Range
Technical Performance from 20 to 55 %
Project Management from 15 to 45 %
Award Fee Plan
Schedule/Delivery Performance from 10 to 35 %
Security Performance from 05 to 20 %
Cost Performance and Control from 05 to 30 %
7. INTERIM AWARD FEE FEEDBACK: The Contracting Office may issue the Contractor
written interim award fee feedback, within two (2) weeks of the three (3) month award fee period
mid-point.
8. SELF-EVALUATION REPORT: The Contractor may offer a self-evaluation of its
performance against the evaluation criteria applicable to a specific contract milestone or period
undergoing evaluation. This information is provided to the Contracting Officer and
Government's Project Manager/COTR and may be considered for performance evaluation
purposes.
9. PERFORMANCE EVALUATION BOARD (PEB): The general responsibilities, composition
and conduct of the Performance Evaluation Board are summarized below.
(a). Responsibilities: In general, the PEB will be responsible for-
(i) Establishing the criteria for evaluating the Contractor's performance;
(ii) Reviewing the tentative performance evaluation and Award Fee
recommendation made by the Government Project Manager (PM), Contracting Officer's
Technical Representative (COTR) and Contracting Officer (CO); and
(iii) Determining the award fee percentage earned, commensurate with the
Contractor's overall performance.
(b) Composition:. The PEB will be composed of the following:
(i) FDO (Directorate/Office Director/Group Chief or equivalent)
(ii) Program Manager (if formally designated)
(iii) Contracting Office Group Chief and/or Team Chief
(Iv) Cognizant Contracting Officer
(v) COTR
(vi) Chief, Program Financial/Budget Officer
UNCLASSIFIED
(vii) Directorate/Office/Group Security Officer
(c) PEB Sessions: The designated FDO will convene, within thirty (30) days after the
award fee period, a performance evaluation session for the purpose of reviewing the specific
criteria established for the preceding period, and for determining the overall adjective ratings
and numerical score which best represents the measure of performance demonstrated by the
Contractor during the period evaluated. (Refer to paragraph 10 for the evaluation rating scale.)
The award fee score will be assigned by PEB consensus. To accomplish this, the PEB will
analyze the quantitative and/or qualitative aspects of the work scheduled/expected to be
accomplished and weigh the strengths and weaknesses of the Contractor's performance by
giving careful consideration to the following:
(i) The "specific evaluation criteria" applicable to the period undergoing
evaluation;
(ii) The weightings associated with such criteria and period;
(iii) The written evaluation and recommendations provided by the Government
Project Manager/COTR and other Government personnel during the performance
evaluation session;
(iv) The performance level ratings and descriptions defined by the evaluation
rating scale; and
(v) Any other relevant information formally presented to the PEB which the board
considers pertinent to its evaluation of Contractor performance.
(d) Each PEB member will be given the opportunity to orally state his/her
concurrence/non-concurrence with the award fee score. In the event of non-concurrence, the
board member(s) expressing the dissenting view(s) will explain the rationale for the dissent.
(e) If the PEB does not reach a consensus on ratings, the FDO/Chairperson will make a
final decision.
(f) The PEB will complete its evaluation and instruct the Government Project
Manager/COTR to document the award fee determination in accordance with the board's
findings In preparation for presentation to the Contractor.
(g) The Program/Project Manager/COTR will schedule a formal briefing to Contractor
personnel for each award fee determination. This session will be held within two weeks after
the FDO's decision. It may be held at either the Government or Contractor facility. Typically,
the session Is restricted to the PEB members and appropriate Contractor personnel.
(h) Within two weeks after the PEB's determination, the Contracting Officer will issue a
unilateral contract modification which will specify the amount of the award fee determination and
. UNCLASSIFIED
revise the clause entitled "Type of Contract and Consideration" to enable the Contractor to
invoice the Government for the amount of award fee earned.
10. EVALUATION RATING SCALE: The Project Manager/COTR and PEB will use the levels
of performance described below to determine the adjective rating and numerical score which
best represents the measure of performance demonstrated by the Contractor during the period
evaluated:
Performance Level Ratings and Descriptions
Adjectival
Grade
Definition
Rating
Outstanding/Excellent
A
? Performance is superior in all respects and
(93-100)
represents the best that can be expected in that
the standards of performance normally expected
of an average Contractor have been exceeded by
a substantial margin
? Initiative and exceptional problem solving in
executing the terms and conditions of the contract,
Statement of Work, and invoking improvements
have been consistently demonstrated.
? There are no deficiencies in performance and/or
such relatively unimportant deficiencies have been
corrected-as a result of Interim Feedback or Self
Evaluation.
Very Good
B
? Performance is substantially better than average
(80-92)
in virtually all respects and represents the best
that can be expected in that the standards of
-performance normally expected of an average
Contractor have been exceeded by a significant
margin
? Initiative and above average problem solving in
executing the terms and conditions of the contract,
Statement of Work, and invoking improvements
have been demonstrated.
? There are very few deficiencies, which are more
than offset by areas of above average
performance.
? Deficiencies are expected to have been corrected
as a result of Interim Feedback or Self Evaluation.
Good
C
? Performance is better than average in all respects
(70-79)
and represents more than what is expected in that
the standards of performance normally expected
of an average Contractor have been exceeded.
UNCLASSIFIED
? Initiative and problem solving in executing the
terms and conditions of the contract, Statement of
Work and invoking improvements has been
demonstrated.
? Areas of deficiency are few and more than offset
by areas of above average performance.
? Deficiencies are expected to have been
addressed and corrective action undertaken as a
result of Interim Feedback or Self Evaluation.
Fair/Satisfactory
D
? Performance is average in nearly all respects and
(50-69)
represents what is normally expected in that the
standards of performance applied to an average
Contractor have been met.
? Initiative and problem solving in executing the
terms and conditions of the contract, Statement of
Work and invoking improvements have been
demonstrated occasionally.
? Areas of deficiency may be offset by areas of
above average performance
? Recognized deficiencies are expected to have
been addressed and corrective action undertaken
as a result of Interim Feedback or Self Evaluation.
Unacceptable
N/A
? Performance is deficient in all or a majority of the
(0)
evaluation criteria and does not represent what is
expected of any qualified Contractor in that the
standards of performance normally applied to an
average Contractor have not been met.
? Initiative and problem solving in executing the
terms and conditions of the contract, Statement of
Work and invoking improvements have not been
demonstrated.
? There are few or no areas where average
performance has been demonstrated.
? Recognized deficiencies have not been addressed
and corrective action has not been undertaken as -
a result of Interim Feedback or Self Evaluation.
? Immediate improvement is required in order to
permit continuation of the contract.
? Termination is imminent.
11. SPECIAL SCORING FOR SECURITY ANOMALIES: During contract performance, a
security anomaly, infraction, or violation may override all other performance criteria and may
UNCLASSIFIED
Award Fee Plan
result in an overall award fee determination of zero at the unilateral discretion of the fee
determining official (FDO) in coordination with the cognizant security office representative and
contracting officer.
12. DISPOSITION OF UNEARNED AWARD FEE: The FDO may rollover unearned fee as
follows:
(a) Immediate application to either the next award fee period or any successive award
fee period(s) or special incentive(s) based on the existing evaluation criteria or specifically
delineated criteria and/or established milestones;
(b) Reserved in a "Discretionary Award Fee Pool" for possible future application to any
subsequent period(s) and/or special incentive(s), generally or specifically delineated; and/or
(c) -Removed from further consideration of payment under the terms of the contract and
this plan.
13. DISPUTES: The Government's determination of award fee and the methodology for
determining the award fee are unilateral decisions made solely at the discretion of the
Government. However, matters affecting the base fee, award fee or other contractual
conditions are subject to the procedures and/or remedies provided under the contract clause
entitled "Disputes" at the Contractor's discretion.
14. TERMINATION: In the event that the contract under which this award fee plan applies
Is terminated, the Contractor will retain all award fees earned up to the effective date of
such termination and the Government will determine the maximum amount of additional
fee which may be paid, based on the results of a performance evaluation.
12
UNCLASSIFIED
LSIE Award Feel Criteria and Milestone Pools by Period (All CLINs)
IAC (Accepted at ORR)
Analytic IOC (Accepted at ORR)
TIMISc1CISe Period Criteria
Build 2.1 (Accepted at ORB)
Build 2.2 (Accepted at ORR)
Build 4.2 (Accepted at ORR)
FOC (Accepted at ORR)
LSIE Award Feel Criteria and Milestone Pools by Period (All CLINs)
1-Dec-09
TIMIScICISe Period Criteria
31-May-11
Notes;,
Maximum award fee dollars for each CLIN/Sub-CLIN to be taken from negotiated contract Section B table..
Criteria pool dollars evaluated on a 6-month cycle for all active CLINs. (Period 1 start date per contract start of 5-June-06.)
Milestone pool dollars graded and awarded within AF period where milestone event is completed/accepted:
Milestone dates notional based on 5123106 L-3 Technical/Management Proposal, pg. 20 (reference target dates above).
Final dates set In Master Schedule delivered and agreed to at PIR.
CLIN 003A turn on at Analytic IOC In May-07; spanning award fee periods 2,3,4.
Allocation of criteria pool dollars across periods based on number of months of CLIN-based effort performed within each period.
"T/M)ScIC/Se" 6-month evaluation criteria as outlined in the LSIE Award Fee Plan:
T - Technical Performance Se - Security Performance
M - Project Management C - Cost Performance and Control
Sc - Schedule/Delivery Performance
UNCLASSIFIED
Levcl
_
SOW Para
. Element Title
Description
Mapping
0
---
LSIE Contract
All effort required to develop, Integrate, test the LSIE system
; ---
and provide operations and maintenance services.
1
1 3.1, 3.2, 3.
4, LSIE Development &
All effort required to design, procure, develop (through
OLIN 001
4.0, 5.0, 6.
0 Initiation
incremental releases), integrate, and test the LSIE system.
Element does not include effort to maintain or operate the
deployed functionality and Infrastructure..
2
1.
1 3.4.5
IT Infrastructure
The Information technology infrastructure required to host the
OLIN 001
LSIE software applications, and collect/ingest LSIE-required
Internet and open source data. Includes design, acquisition
(service agreements, lease, purchase or produce),
installation and into
3
1.1.1
3.4.5
Servers and Storage
The computer servers and mass storage devices sized for
OLIN 001
LSIE required functionality for IOO "core" functionality.
Includes operating system and other software bundled with
the .hardware.
3
1.1.2
3.4.5
System Infrastructure
The software additional to bundled software (see 1.1.1)
CLIN 001
Software
needed for hardware infrastructure operations (excluding
LSIE applications COTS/NDI packages). This cost element
includes any expense required to purchase, lease or
otherwise acquire any commerclai-o
3
1.1.3
3.4.5
Network Equipment
The networking equipment required to satisfy LSIE
CLIN 001
Infrastructure internal connectivity and performance
requirements.
3
1.1.4
3.4.5
Leased Communication
The set-up and initiation (inclusive of specific
CLIN 001
Lines (Initial)
communications units) of communications lines for open
Internet crawl and scheduled/on-demand data ingest
sufficient for the LSIE system to perform as required up to
system IOC of Release 1.
3
1,1.5
3.4.5
Support Equipment and
Peripheral devices and associated software not directly
CLiN 001
Software
engaged in performing mission functions but required to
support and maintain the system or portions of the system.
3
1,1.6
3.4.6
Assembly, Installation,
All effort required to assemble, Install, checkout, and fully
CLIN 001
Checkout
Integrate the information technology infrastructure as a
complete functioning subsystem.
2
1.
3.4.2, 3.4.3,
Application Development
The application software that Is specifically procured and
CLIN 001
3.4.4, 3.4.5,
t
ailored (COTS licenses, NDI applications), and/or developed
3.4.6
(
all costs required to develop deliverable line of application
software) to satisfy LSIE requirements inclusive of all
a lication funC
3.
1.2.1
3.4.3, 3.4.4,
Release 1 (Core)
All effort required to deliver release 1 (core) functionality
CLIN 001
3.4.5
a
cross all application areas as required for IOC.
4 1
.2.1.1
3.4.3, 3.4.4,
Content Ingestion
Effort required to ensure ingest of Internet data, raw content,
CLIN 001
3.4.5
o
n-going feeds, bounded sets Inclusive of crawler harvests,
a
nd first-pass indexing and filtering (content, genre, etc.).
4 1
.2.1.2
3.4.3, 3.4.4,
Data Store Management & E
ffort required for the development of data miners, metadata
CLIN 001
3.4.5
Mining s
chema (scoped for auto and user tagging), data storage and
r
etrieval, full Indexing (sort, .merge, categorize, language
d
etection, entities; etc.)
4 1
.2.1.3 3
.4.3,3.4 4,
Query E
ffort required to enable exploration-derived LSIE queries via
CLIN 001
3.4.5
q
uery engines and processing: search, retrieve ("pull all"),
cl
assify/characterize, relevance ranking/authoritative value,
e
ntities and name variants, taxonomy categorization, etc.
4 1
.2.1.4 3
.4.3,3.4 4,A
nalysis; Exploration E
ffort required to provide qualitative/quantitative exploration
CLIN 001
3.4.5
a
nd analysis capabilities. Includes development or
a
cquisition of functions such as site analysis, metadata
a
nalysis, community maps, visualization tools, network
di
s la s, Ian language translatl
4 1.
2.1.5 . 3
.4.3, 3.4.4, U
ser Services E
ffort required to develop user Interface environment,
CLIN 001
3.4.5
in
clusive of user workspace, workflow managers, web
br
owser displays, alert and query managers, and
co
llaborative work environments.
LSIE Work Breakdown Structure
3.2.2, 3.4.2,
3.4.3
3.4.3, 3.4.4,
3.4.5
3.4.3, 3.4.4,
3.4.5
3.4.3, 3.4.4,
3.4.5
3.4.3, 3.4.4,
3.4.5
3.4.3, 3.4.4,
3.4.5
3.4.3, 3.4.4,
3.4.5
3.2.2, 3.4.2,
3.4.3
3.4.3, 3.4.4,
3.4.5
3.4.3, 3.4.4,
3.4.5
3.4.3, 3.4.4,
3.4.5
4 11.2.3.3 13.4.3, 3.4.4,
3.4.5
3.4.3, 3.4.4,
3.4.5
Release Integration & Test integration and test, verification and validation and the
systems engineering and technical control of the CSCIs.
Integration and test is the planning, conducting and analysis
of tests that verify correct and proper performance of each
CSCI operating as a
Release Systems
Engineering / Project
Management
Data Store Management &
Mining
Release Systems
Engineering / Project
Management
Data Store Management &
Mining
The design. and management required to develop by-release
incremental LSIE functionality. Includes management
planning and oversight of release requirements, translation of
customer requirements into release requirements &
configurations design, design of
All effort required to deliver release 2 functionality across all
application areas as required for incremental functionality
(notional 6-month deployment window).
Effort required to ensure Ingest (across multiple data types)
of Internet data, raw content, on-going feeds, bounded sets
inclusive of crawler harvests, and first-pass indexing and
filterin content, genre, etc
Q,
Effort required for the development of data miners, metadata
schema (scoped for auto and user tagging), data storage and
retrieval, full indexing (sort, merge, categorize, language
detection, entitles, etc.)
Effort required to enable exploration-derived LSIE queries via
query engines and processing: search, retrieve ("pull all"),
classify/characterize, relevance ranking/authoritative value,
entities and name variants, taxonomy categorization, etc.
Effort required to provide qualitative/quantitative exploration
and analysis capabilities. Includes development of functions
such as site analysis, metadata analysis, community maps,
visualization tools, network displays, language translation
tools. inclu
Effort required to develop user interface environment,
Inclusive of user workspace, workflow managers, web
browser displays, alert and query managers, and
collaborative work environments.
Integration and test, verification and validation and the
systems engineering and technical control of the CSCIs.
Integration and test Is the planning, conducting and analysis
of tests that verify correct and proper performance of each
CSCI operating as a
The design and management required to develop by=release
Incremental LSIE functionality. Includes management
planning and oversight of release requirements, translation of
customer requirements into release requirements &
configurations design, design of
All effort required to deliver release '3 functionality across all
application areas as required for incremental functionality
notional 6-month deployment window).
Effort required to ensure ingest (across multiple data types)
of Internet data, raw content, on-going feeds, bounded sets
inclusive of crawler harvests, and first-pass Indexing and
filtering (content, genre, etc.).
Effort required for the development of data miners, metadata
schema (scoped for auto and user tagging), data storage and
retrieval, full Indexing (sort, merge, categorize, language
detection, entities, etc:)
Effort required to enable exploration-derived LSIE queries via
query engines and processing: search, retrieve ("pull all"),
classify/characterize, relevance ranking/authoritative value,
entities and name variants, taxonomy categorization, etc.
(Effort required to provide qualitative/quantitative exploration
and analysis capabilities. Includes development of functions
such as site analysis, metadata analysis, community maps,
visualization tools, network displays, language translation
tools. lnclu
CLIN 001
3.2.2, 3.4.2,
3.4.3
3.4.3, 3.4.4,
3.4.5
3.4.3, 3.4.4,
3.4.5
3.4.3, 3.4.4,
3.4.5
3.4.3, 3.4.4,
3.4.5
3.4.3, 3.4.4,
3.4.5
3.4.3, 3.4.4,
3.4.5
3.2.2, 3.4.2,
3.4.3
3.1, 3.2,
3.4.1, 3.4.2,
4.0, 6.0
3 1.4.1 3.2, 3.4.1,
? 3.4.2, 6.0
Release Systems
Engineering / Project
Management
Data Store Management &
Mining
Release Systems
Engineering / Project
Management
Applications Maintenance
(Base Period)
'Integration and test, verification and validation and the.
systems engineering and technical control of the CSCIs.
Integration and test Is the planning, conducting and analysis
of tests that verify correct and proper performance of each
CSCI operating asa__
The design and management required to develop by-release
incremental LSIE functionality. Includes management
planning and oversight of release requirements, translation of
customer requirements into release requirements &
configurations design, design of
All effort required to deliver release 4 functionality across all
application areas as required to meet FOC functionality.
Effort required to ensure ingest (across multiple data types)
of Internet data, raw content, on-going feeds, bounded sets
inclusive of crawler harvests, and first-pass indexing and
filtering (content, genre, etc.).
Effort required for the development of miners, metadata
schema (pooped for auto and user tagging), data storage and
retrieval, full Indexing (sort, merge, categorize, language
detection, entities, etc)_
Effort required to enable exploration-derived LSIE queries via
query engines and processing: search, retrieve ("pull all"),
classify/characterize, relevance ranking/authoritative value,
entities and name variants, taxonomy categorization, etc.
Effort required to provide qualitative/quantitative exploration
and analysis capabilities. Includes development of functions
such as site analysis, metadata analysis, community maps,
visualization tools, network displays, language translation
tools. Inclu
Effort required to develop user Interface environment,
Inclusive of user workspace, workflow managers, web
browser displays, alert and query managers, and
collaborative work environments.
Integration and test, verification and validation and the
systems engineering and technical control of the CSCIs.
Integration and test is the planning, conducting and analysis
of tests that verify correct and proper performance of each
CSCI operating as a
The design and management required to develop by-release
Incremental LSIE functionality. Includes management
planning and oversight of release requirements, translation of
customer requirements into release requirements &
configurations design, design of
This element includes all costs for software maintenance for
the LSIE applications for all deployed releases (during the
base period) Inclusive of all functional areas as defined under
element 1.2 Applications Development. Includes effort
required for bug
The architectural system design and engineering and
technical control (at the system level) as well as the business
and program management of the LSIE contract activities.
The technical and management efforts of directing and
controlling a totally integrated architecture and engineering
effort for the LSIE system, especially architecture design
engineering effort through design concept review and
technical oversight guidanc
OLIN 001
CLIN 001
CLIN 001
3.4.6, 3.4.7,
3.4.8
2
1.
8 3.3, 3.4.1, Facilities
The real estate, construction, conversion, utilities, and
OLIN 001
3.4.2, 3.4.3,
equipment (including facility security equipment) to provide
3.4.5, 3.4.8,
all facilities required to house LSIE mission equipment. Effort
6.0
includes: modernization (where applicable), and leasing
arrangements.
3
1.8.1
3.4.5
Lease Agreements
The cost for establishing leasing agreements for the LSIE
OLIN 001
facility with initial development through system IOC.
3
1.8.2
3.3, 3.4.1,
Renovation; Modifications
All effort required to renovate and/or modify a facility
OLIN 001
3.4.2, 3.4.3,
(including environmental studies and physical security
3.4.5, 3.4.8,
features) to house the LSIE?IT Infrastructure. Includes
6.0
computer center build out, environmental equipment, and
securit measures.
3.1, 3.2, 3.3,
LSIE Operations &
This major element includes all costs to sustain the LSIE
CLIN 003/004
3.4.1, 3.4.2,
Maintenance
system and to provide LSIE services to FBIS users. It
3.4.3, 3.4.5,
includes the cost to manage and maintain the hardware and
3.4.8, 3.4.8,
software to sustain operations throughout the period of
3.4.10, 6.0
performance.
2
2.1
3.3, 3.4.5,
Infrastructure Maintenance
All costs associated with the maintenance, technology
OLIN 003/004
3.4.6, 3.4.10
refresh and capacity growth of the LSIE? infrastructure.
3
2.1.1
3.3, 3.4.5,
Storage Growth
Costs associated with incrementally scaling the LSIE IT
OLIN 003/004
3.4.6
infrastructure to capture open source data in pace with
desired capacity over time and to ensure acceptable system
erformance:
3
2.1.2
3.3, 3.4.5,
Hardware Technology
This element contains all costs associated with the
CLIN 003/004
3.4.6
Refresh
acquisition (lease, purchase or produce) of replacement
components, replenishment hems, supplies and
consumables required over the LSIE contract period.
Element may, Include, as applicable given purchase
3
2.1.3
3.3, 3.4.10
Software Licenses &
Software license and commercial agreement upgrades and
CLIN 0031004
Commercial Agreements
renewals for both system software and LSIE-specific COTS
applications (subsequent to release deployment) during the
system operations phase.
3
2.1.4
3.3
Leased Communication
Usage costs for communications lines for open intemet crawl
CLIN 0031004
Lines (recurring) a
nd scheduled/on-demand data ingest sufficient for the LSIE
a
stem to erform as required.
2
2.2 3
,1, 3.2, 3.3,
Operations Personnel T
he labor and resources needed to operate the LSIE system
OLIN 003/004
6,0
i
n accordance with performance requirements.
3 2
.2.1 3
.1, 3.2, 3.3, O
perations Management T
he management resources required during the LSIE
CLIN Q03/004
6.0
o
perational service period such as program and deputy
m
anager, program control, security staff, ODCs and travel.
I
ncludes the management services, and support resources
n
eeded to manage the program after I
Business and administrative planning, organizing, directing,
coordinating, controlling, and approval actions designated to
accomplish overall program objectives. Includes effort for:
cost, schedule performance measurement management,
contract management,
The use of Integration labs (SILs), prototype, production
hardware/software to obtain or validate the performance of
LSIE (at the system level) upon completion of the
development phase and at deployment of each incremental
release, Effort includes: develo
Development of training services (hardcopy or computer
software versions of course material), accessories, training
aids, and execution of training services (during the
development phase) to facilitate Instruction through which
The deliverable data required as listed on the contract data
requirements list. Effort includes (as applicable): technical
publications, engineering data, management data, support
data, data depository.
LSIE Work Breakdown Structure
3.2, 3.3, 6.0 Operations Engineering
OLIN 003/004
3 2.2.3 3.3, 6.0
Operational Support
All labor costs associated with the personnel necessary to
OLIN 003/004
(Production Staff)
operate the LSIE hardware/software infrastructure. Includes
the system administrators, system operators; property
accountability support, and Information security staff.
3 2.2.4 3.3, 3.4.9
Technical Support;
All labor costs associated with technical support and training
CLIN 003/004
Recurring Training
issues' Element includes on-site support (at Government
site) for ad hoc training and trouble-shooting, help desk
support, and recurring training (including ODCs for training
materials).
2 2.3 3.3, 3.4.10
Applications Maintenance
This element Includes all costs for software maintenance for
CLIN 003/004
(Option Periods)
the final release of LSIE (as incurred during the option
periods) Inclusive of all functional areas as defined under
element 1.2 Applications Development. Includes effort
required for bug fixes,
CLIN 003/004
2 2.4 3.3, 3.4.1,
Facilities Maintenance
The maintenance and continued availability of all facilities
CLIN 003/004
3.4.2, 3.4.3,
required to house LSIE mission equipment during system
3.4.5, 3.4.8,
operations. Includes: leasing arrangements, physical security
6.0
upgrades, and facilities maintenance.
3 2.4.1 3.4.5
Lease Agreements
The cost for continued leasing agreements to Insure LSIE
CLIN 003/004
facility Is available through operational service period of
erformance.
3 2.4.2 3.3, 3.4.1,
Facility Maintenance
All costs associated with IT facility maintenance through the
CLIN 003/004
3.4.2, 3.4.3,
operational service period (excluding maintenance costs
3.4.5, 3.4.8,
otherwise captured in standard leasing agreements),
6.0
3.2.3
Engineering Studies
All labor costs associated with special engineering studies,
`---
engineering change proposals, enhancements and further
development In response to Government CO direction.
2 3.1 3.2.3
Engineering Studies -
All labor costs associated with special engineering studies in
CLIN 001
Base Period r
esponse to Government CO direction during the LSIE base
contract period; (For base-period cost proposal
development, the Government recommends scoping
assumption as follows: two engineering
2 3.2 3.2.3 E
ngineering Studies -
All labor costs associated with special engineering studies,
CLIN 002
O
ption Periods e
ngineering change proposals, enhancements and further
d
evelopment in response to Government CO direction during
t
he LSIE option periods. (For option periods cost proposal
d
evelopment, the Gove
Government Position on GFE List
Table below provides the Government's position (including need date) on L-3's GFE list:
Government Furnished
E/F/S/I
Rational
Need Date
CyberTrans II
WordScape
BrightPlanet Deep Query
Manager (DQM)
Oracle IOG
Standard OSC user
unclassified workstation with
approved software suite
Machine translation and encoding software
available from the Government; which reduces
the cost to OSC
Dictionary software available from the
Government, which reduces the cost to OSC
Provide existing OSC licenses for DQM
including software maintenance
Provide Agency licenses for Oracle lOG
While our LSIE approach uses a standard Web
based Interface, definition of the user's
workstation and software environment will
allow us to maximize the performance of our
user interface
2 weeks prior
to first SRR
2 Weeks Prior
to first SRR
One month-
after Contract
Award
Standard OSC frrewall
Simplifies the firewall configuration process
PIR
configuration
and facilitates subsequent security approval
4
Seed Crawl List
Ensures that the information collected and
PIR
processed by LSIE is focused on the LSIE
mission needs
OSC product for LSIE system
Supports rapid integration of information from
2 weeks prior
ingest and indexing (Project
these systems into LSIE
to first SRR
AEGUS, Video Server,
DAVE, etc.)
5
All pertinent existing system
Knowledge of the existing baseline
PIR
baseline information (including
configurations will simplify and expedite our
ICDs)
work to interface LSIE with these systems
6
Examples of collected data
Essential to both understanding LSIE
PIR
needed for system validation
functionality requirements and the creation of
data sets used in the creation and validation of
our LSIE Release Build's functionality
Taxonomy Structure (with
Customer created and operationally validated
PIR
entity names, taxonomy
seed Taxonomy Structure will greatly expedite
hierarchy & entity values)
the creation of a mission- relevant LSIE
Taxonomy
? 7
One workspace OSC
Allows for the efficient interaction between the
2 months
headquarters
Team, LSIE users, and. OSC personnel
prior to IAC
8
Deliverable templates
Simplify document production and delivery
See LSIE
bidder's
libr
Guide for Developing an
Simplify security document production and
PIR
Information System (IS)
delivery; facilitate system security approval
System Security Plan
4/28/06
Government comments on GFB table:
1. BrightPlanet DQM added per discussions with Offeror.
2. Oracle IOG added per discussions with Offeror.
3. Government position on OSC workstation need date: one month after contract award.
4. Government intends to provide progressive deliveries of the url seed crawl list with an
initial draft version (pulled from existing system) provided at PIR. Government requests
a joint analysis between L-3 and the LSIE. users to ensure each Government incremental
delivery will be enhanced and refined to provide better quality urls for IAC initial crawl.
5. As currently stated, this specific GFE item relatively open ended. Government requests
further definitization of this item. Government will support delivery of all Government-
owned baseline information as applicable to required LSIE interfaces.
6. Government requests specific examples from L-3 of the types of data needed for
validation. Government will support collection and delivery of such validation data.
7. Government position on workspace need date: two months prior to IAC.
8. Government provided all deliverable templates on'the ACE-hosted LSIE website under
the bidder's library link. Government will support delivery of all pertinent templates.
Required Data Elements by Report Type
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