Free Notice (Other) - District Court of Federal Claims - federal

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NAVAL REGIONAL CONTRACTING CENTER WASHINGTON 52.209-6

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PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT NOV 1992 52.210-5 NEW MATERIAL APR 1984 52.210-7 USED OR RECONDITIONED MATERIAL, RESIDUAL INVENTORY, AND FOR]VrER GOVERNMENTSURPLUS PROPERTY APR 1984 52.212-8 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS SEP 1990 52.215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL APR 1984 52.215-2 AUDIT-NEGOTIATION DEC 1989 52.215-22 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA DEC 1991 52.215-24 SUBCONTRACTOR COST OR PRICING DATA DEC 1991 52.215-25 SUBCONTRACTOR COST OR PRICING DATA MODH~ICATIONS DEC 1991 52.215-26 INTEGRITY OF UNIT PRICES APR 1991 52.215-27 TERMINATION OF DEFINED BENEFIT PENSION PLANS SEP 1989 52.215-33 ORDER OF PRECEDENCE JAN 1986 52.215-39 REVEJ{SION OR ADJUSTMENT OF PLANS FOR POST-RET]REMEaNT BENEFITS OTHER THAN PENSIONS (PRB) JUL 1991 252.215-7000 PRICING ADJUSTMENTS DEC 1991 252.215-7002 COST ESTIMATING SYSTEM REQUIREMENTS DEC 1991 252.215-7003 INDUSTRIAL MODERNIZATION INCENTIVE PROGRAM(IMIP) PRODUCTIVITY SAVINGS REWARDS DEC1991 52.219-8 UTILIZATION OF SMALL-BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS FEB1990 52.219-9 SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING PLAN JAN1991 52.219-13 UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES AUG1986 52.219-16 LIQUIDATED DAMAGES-SMALL BUSINESS SUBCONTRACTING PLAN

AUG1989

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252.219-7003 SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING PLAN DEC 1991 (DoD CONTRACTS) 252.219-7005 INCENTIVE FOR SI~CONTRACTING WITH SMALL BUSIN'~SSES, SMALL DISADVANTAGED BUSINESSES, HISTORICALLY BLACK COLLEGES AND UNIVERSITIES, AND MINORITY INSTITUTIONS DEC 1991 52.220-3 UTILIZATION OF LABOR-SURPLUS AREA CONCERNS APR 1984 52.220-4 LABOR SURPLUS AREA SUBCONTRACTING PROGRAM APR 1984 52.222-18 NOTII~ICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES MAY1992 52.222-20 WALSH-I~EALEY PUBLIC CONTRACTS ACT APR 1984 52.222-26 EQUAL OPPORTUNITY APR 1984 52.222-28 EQUAL OPPORTUNITY PREAWARD CLEARANCE OF SUBCONTRACTS APR 1984 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED APR 1984 52.222-36 AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS APR 1984 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA JAN 1988 252.222-7000 RESTRICTIONS ON EMPLOYMENT OF PERSONNEL DEC 1991 52.223-2 CLEAN AIR AND WATER APR 1984 52.223-6 DRUC~FREE WORKPLACE J-UL 1990 252.223-7004 DRUC~FREE WORK FORCE SEP 1988 52.225-10 DUTY-FREE ENTRY APR 1984 RESTRICTIONS ON CERTAIN FOREIGN 52.225-11 PURCHASES APR 1984 252.225-7001 BUY-AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM DEC 1991 252.225-7002 QUALIFYING COUNTRY SO~CES AS SUBCONTRACTORS DEC 1991 252.225-7007 TRADE AGREEMENTS ACT DEC 1991 252.225-7009 DUTY-FREE ENTRY - QUALIFYING COUNTRY END-PRODUCTS AND SUPPLIES

DEC 1991

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252.225-7010 DWfY-FREE ENTRY - ADDITIONAL PROVISIONS DEC 1991 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES DEC 1991 252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL JUN 1992 52.226-1 UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN-OWNED ECONOMIC ENTERPRISES AUG 1991 52.22%1 AWrHORIZATION AND CONSENT APR 1984 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT APR1984 52.22%3 PATENT INDEMNITY APR1984 52.227-14 RIGHTS IN DATA - GENERAL JUN1987 252.227-7000 NON-ESTOPPEL OCT 1966 252.22%7013 RIGHTS IN TECHNICAL DATA AND COMPUTER SOFTWARE OCT 1988 252.22%7018 RESTRICTIVE MARKINGS ON TECHNICAL DATA OCT 1988 252.22%7029 IDENTIFICATION OF TECHNICAL DATA APR1988 252.22%7030 TECHNICAL DATA - WITHI~IOLDING OF PAYMENTS OCT 1988 252.22%7031 DATA REQU]REMEaNTS OCT 1988 252.227-7036 CERTIFICATION OF TECHNICAL DATA MAY 1987 CONFORMITY 252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA APR1988 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION SEP 1989 52.229-3 FEDERAL, STATE AND LOCAL TAXES JAN1991 52.229-5 TAXES - CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICO APR1984 52.230-2 AUG1992 COST ACCOUNTING STANDARDS 52.230-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES AUG 1992 52.230-5 ADM]N-ISTRATION OF COST ACCOUNTING STANDARDS AUG1992 252.231-7000 SUPPLEMENTAL COST PRINCEPLES DEC1991 PAYMENTS APR 1984 52.232-1 52.232-8 DISCOUNTS FOR PROMPT PAYMENT APR 1989 APR 1984 52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS 52.232-11 EXTRAS APR 1984 52.232-16 PROGRESS PAYMENTS JUL1991 52.232-17 INTEREST JAN1991

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NAYAL REGIONAL CONTRACTING CENTER WASHINGTON 52.232-18 52.232-23 52.232-25 252.232-7004 252.232-7006 52.233-1 52.233-3 252.233-7000 52.237-2 252.239-7000 52.242-13 252.242-7000 252.242-7004 52.243-1 52.243-6 252.243-7001 52.244-1 52.245-2 52.245-19 52.246-23 52.246-24

N00600-94-C-0389 APR1984 JAN1986 SEP1992 DEC1991 AUGI~2 DECI~I DEC I~I AUGI~9 DEC 1991 APR 1984 DEC1991 APR 1991 DEC 1991 DEC 1991 AUG 1987 APR 1984 DEC 1991 APR 1991 DEC1989 AUG1988

AVAILABILITY OF FUNDS ASSIGNMENT OF CLAIMS PROMPT PAYMENT DOD PROGRESS PAYMENT RATES REDUCTION OR SUSPENSION OF CONTRACT PAYMENTS UI~N FINDING OF FRAUD DISPUTES Alternate I PROTEST AI~rER AWARD CERTIFICATION OF CLAIMS AND REQUESTS FOR ADJUSTMENT OR ~ PROTECTION OF GOVERNMENT B~INGS, EQUIPMEaNT AND VEGETATION PROTECTION AGAINST COMPROMISING EMANATIONS BANKRUPTCY POSTAWARD CONFERENCE MATERIAL MANAGEMENT AND ACCOUNTING SYSTEM CHANGES- FIXED PRICE CHANGE ORDER ACCOUNTING PRICING OF CONTRACT MODIFICATIONS SUBCONTRACTS (FIXED-PRICE CONTRACTS) GOVERNMENTPROPERTY (FIXED-PRICE

CONTRACTS)
SPECIAL TEST EQUIPMENT LIMITATION OF LIABILITY LIMITATION OF LIABILITY - HIGH-VALI~

Alternate I 52.246-25 LIMITATION OF LIABILITY - SERVICES 252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA 252.247-7024 NOTIa~ICATION OF TRANSPORTATION OF SUPPLIES BY SEA 52.248-1 VALUE ENGINEERING 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT(FIXED PRICE)

APR1984 APR1984 APR 1984 DEC 1991 DEC 1991 DEC 1991 MAR1989 APR1984

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DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) 252.249-7001 NOTICE OF SUBSTANTIAL ]3/[PACT ON EMPLOYMENT 52.253-1 COMPUTER GENERATION OF FORMS BY THE PUBLIC

52.249-8

APR 1984 DEC 1991 JAN 1991

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1.2

REQUIREMENT FOR PROCUREMENT INTEGRITY FAR 52.203-9 (NOV1990)

- MODHrICATION,

(a) Definitions. The def'mitions at FAR 3.104-4 are hereby incorporated in this clause. (b) TheContractor agrees that it will execute the certification set forth in paragraph(c) of clause whenrequested by the Contracting Officer in connection with the execution of any modificationof this contract. (c) Certification. As required in paragraph (b) of this clause, the officer or employee responsible for this offer shall execute the followingcertification: CERTIFICATE OF PROCUREMENT INTEGRITY - MODIFICAT/ON (1) I, [Nameof certifier], am the officer employee responsible for the preparation of this modification proposal and hereby certify that, to the best of my knowledgeand belief, with the exception of any information described in this certificate, I have no information concerning a violation or possible violation of subsection 27(a), (b), (d), or (f) of the Office of Federal Procurement Act, as amended* (41 U.S.C. 423), (hereinafter referred to as "the Act"), implemented in the FAR, occurring during the conduct of this procurement N00600-9 - - (contract and modification number). (2) As required by subsection 27(e)(1)(8) of the Act, I further certify that, to of my knowledge and belief, each officer, employee, agent, representative, and consultant of [Nameof offeror] who has participated personally and substantially in the preparation or submissionof this proposal has certified that he or she is familiar with, and will complywith, the requirements of subsection 27(a) of the Act, as implemented in the FAR,and will report immediately to me any information concerning a violation or possible violation of the Act, as implemented in the FAR,pertaining to this procurement. (3) Violations or possible violations (Continueon plain bondpaper if necessary and label Certificate of Procurement Integrity (Continuation Sheet), ENTER NONE NONE IF EXISTS):

[Signature of the officer or employee responsible for the modification proposal and date]

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Name the officer or employeeresponsible for the modification proposal] of *Subsections 27(a), (b), and (d) are effective on December1, 1990. Subsection 27(t") effective on June 1, 1991. THIS CERTIFICATION CONCERNSA MA'ITER WITHIN TI-IE JURISDICTION OF AN AGENCYOF THE UNITED STATES AND THE MAKINGOF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER TI-IE MAKER SUBJECT TO PROSECUTIONUNDERTITLE 18, UN1TED STATES CODE, SECTION 1001. (d) In maltingthe certification in paragraph(2) of the certificate, the officer or employee of competingContractor responsible for the offer or bid mayrely upon a one-time certification from each individual required to submit a certification to the competing Contractor, supplemented periodic training. Thesecertifications shall be obtained at the earliest possible by date after an individual required to certify begins employment association with the Contractor. or If a Contractor decides to rely on a certification executedprior to the suspensionof section 27, the Contractor shall ensure that an individual whohas so certified is notified that section 27 has been reinstated. These certifications shall be maintained by the Contractor for a period of 6 years from the date a certifying employee's employmentwith the companyends or, for an agency, representative, or consultant, 6 years from the date such individual ceases to act on behalf of the Contractor. (e) Thecertification required by paragraph(c) of this clause is a material representation of upon which reliance will be placed in executing this modification.

1.3

CERTIFICATION OF COMMERCIAL PRICING FOR PARTS OR COMPONENTS, 52.215-32 - Alternate I (JUL 1990) FAR

The requirements of this clause shall become operative only for any modification to this contract involving the furnishing of parts or components,as defined in paragraph (a) of this clause, if awardedas a result of other than full and open competition. (a) Definitions. "Lowestcommercialprice," as used in this clause, meansthe lowest price at which a sale was madeto the general public of a particular part or component. The terms does not include a price at which a sale was madeto -

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NAVAL REGIONAL CONTRACTING CENTER WASHINGTON (1) Anyagency of the united States; (2) Customerslocated outside the United States;

N00600-94-C-0389

(3) A subsidiary, affiliate, or parent business organization of the Contractor, or any other branch of the samebusiness entity. "Part or component,"as used in this clause, meansany individual part, component, subassembly, assembly or subsystem integral to a major system, and other property which maybe replaced during the life of the system, and includes spare parts and replenishment spare parts, but does not include packaging or labeling associated with shipmentor identification of a part or component. (b) Submission requirements. The Offeror/Contractor shall execute and submit to the Contracting Officer the following certificate with any offer/proposal as required by FAR 15.813-4 whenrequested by the Contracting Officer:

CERTIFICATE OF CO/vI2MERCIAL PRICING FOR PARTS OR COMPONENTS (1) Unless justified in subparagraph (b)(2) of this clause, by submission offer/proposal, the Offeror/Contractor certifies that, to the best of its knowledge and belief, the prices offered for those parts or components(whether or not separately identified) that the Contractor offers for sale are no higher than the lowest commercial price at whichsuch items were sold to the public during the most recent regular monthly, quarterly, or other period for whichsales data are reasonably available, providedthat in no event shall this period be less than 1-monthin duration. (2) All parts or components for which prices offered are higher than the lowest commercial price referred to in subparagraph (b)(1) of this certificate are identified below (including the amounts by which such offered prices are higher) and a written justification for the differences is attached (list as necessary):

Part or Component None

Price Differences

Offer/Proposal Number

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NAVAL REGIONAL CONTRACTING CENTER WASHINGTON Timeperiod for sales data Firm Typed name and signature Title Date

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(c) Audit. The Contracting Officer or representatives of the Contracting Officer whoare employeesof the Government shall have the right to examineand audit all directly pertinent records of sales and related documents, including contract terms and conditions necessary to verify the validity of any certificate executed in accordancewith paragraph (b) of this clause. The Contractor shall makethose records, books, data, and documentsavailable for examination, audit, or reproductionuntil 3 years after the date the certificate set forth in paragraph(b) of this clause is executed. Nothing contained in this clause shall require the submission of cost or pricing data not otherwise required by law or regulation. (d) Price reduction. If any price, including profit or fee negotiated in connection with this contract, or any cost reimbursable under this contract, has increased because the certification paragraph (b)(1) of the certificate or the information provided as justification in subparagraph (b)(2) of the certificate wasinaccurate, incomplete, or misleading, the price or cost shall reduced accordingly and the contract shall be modified to reflect the reduction.

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OPTION FOR INCREASED QUANTITY - SEPARATELY PRICED LINE-ITEM (MAR1989) FAR 52.217-7

The Government mayrequire the delivery of the numberedline item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer mayexercise the option by written notice to the Contractor 90 days before exercise. Delivery of added items shall continue at the samerate that like items are called for under the contract, unless the parties otherwise agree.* *TheGovernment reserves the right to exercise any of the following options at any time between date of contract award (plus applicable notice period) and 31 Jan 1996: Lot II - Option I, Lot I~ - Option II, Lot IV - Option III, and LOt V - Option IV,

1.9

OPTION TO EXTEND THE TERM OF THE CONTRACT, (MAR1989) FAR 52.217-9

(a) The Government extend the term of this contract by written notice to the contractor may within 30 days of contract expiration; provided that the Government shall give the Contractor preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not committhe Government an extension.* to (b) If the Government exercises this option, the extended contract shall be considered to include this option provision consideration. (c) Thetotal duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months. *TheGovernment reserves the right to decrease the quantity of a line item within the option based upon an ATC system not yet being ready for maintenanceand training (i.e. installation and acceptance have not been completed).

1.16

NOTICE OF EVALUATION PREFERENCE FOR SMALL DISADVANTAGED BUSINESS CONCERNS,DFARS 252.219-7006 (DEC 1991) (Deleted in accordance with Amendment Paragraph 5). 1

1.17

PRIOR WRITTEN PERMISSION

REQUIRED FOR SUBCONTRACTS

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Noneof the services required by this contract shall be subcontracted to, nor performed by, persons other than the Contractor's employeeswithout the prior written consent of the Procuring Contracting Officer (PCO).

1.18

SUBCONTRACTING PLAN - INCORPORATED (Not applicable; ISN is a small business).

1.21

PREFERENCE FOR LABOR - SURPLUS AREA CONCERNS, FAR 52.220-1 (APR 1984)

(a) This acquisition is not a set-aside for labor-surplus area (LSA)concerns. However, Offeror's status as such a concern mayaffect (1) entitlement to awardin case of tie offers; (2) offer evaluation in accordancewith the BuyAmerican clause of this solicitation. Act In order to determine whetherthe Offeror is entitled to a preference under (1) or (2) above, Offeror must identify, below, the LSAin which the costs to be incurred on account of manufacturing or production (by the manufacturer or the first-tier subcontractors) amount morethan 50%of the contract price. Not Applicable

(b) Failure to identify the locations as specified abovew'~preclude consideration of the Offeror as an LSA concern. If the Offeror is awardeda contract as an LSA concern and would not have otherwise qualified for award, the Offeror shall performthe contract or cause the contract to be performed in accordance with the obligations of an LSAconcern. 1.22 EXEMFFION FROM APPLICATION OF SERVICE CONTRACT ACT PROVISIONS, (MAY 1989) FAR 52.222-48

(a) Thefollowing certification shall be checked: CERTIFICATION

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NAVAL REGIONAL CONTRACTING CENTER WASHINGTON Theofferor certifies (X) does not certify ( ) that:

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The items of equipmentto be serviced under this contract are commercial items which are used regularly for other than Government purposes, and are sold or traded by the Contractor in substantial quantifies to the general pubfic in the course of normal business operations; The contract services are furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, and/or repair of certain ADP,scientific and medical, and/or office and business equipment.An"established catalog price" is a price included in a catalog, price list schedule, or other form that is regularly maintained by the manufacturer or the Contractor, is either published or otherwise available for inspection by customers, and states prices at whichsales are currently, or were last, made to a significant number of buyers constituting the general public. An"established market price" is a current price, established in the usual course of trade betweenbuyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or Contractor; and

(iii)

The Contractor utilizes the samecompensation(wage and fringe benefits) plan for all service employeesperforming workunder the contract as the Contractor uses for equivalent employees servicing the same equipment of commercial customers.

(b) If a negative certification is madeand a Service Contract Act wage determination is not attached to the solicitation, the Contractor shall notify the Contracting Officer as soon as possible. (c) Failure to execute the certification in paragraph (a) of this clause or to contact Contracting Officer as required in paragraph (b) of this clause mayrender the bid or offer nonresponsive. 1.23 SUPPLIES TO BE ACCORDED DUTY- FREE ENTRY, DFARS 252.225-7008 (DEC 1991)

In accordance with paragraph (a) of the Duty-Free Entry clause and/or paragraph (b) of Duty-Free Entry -- Qualifying Country End-Products and Supplies clause of this contract, the following supplies are accorded duty-free entry:

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Not Applicable

1.26

RIGHTS TO PROPOSAL DATA (TECHNICAL) FAR52.227-23 (JUN 1987)

Except for data contained on pages , it is agreed that as a condition of award of this contract, and notwithstanding the conditions of any notice appearing thereon, the government shall haveunlimited rights (as defined in the "Rights in Data -- General"clause containedin this contract) in and to the technical data contained in the proposal dated __11/01/93__,uponwhich this contract is based. 1.30 FIRMRAPPLICABILITY,FIRMR 201-39.5202-1 (OCT 1990)

This solicitation/contract requires the use or delivery of Federal Information Processing resources, but the Agencyhas determined that FIRMR Part 201-39 does not apply based on the exception set for in Section 201-39.101-3(b)(ii). 1.32 PRIVACY OR SECURITY SAFEGUARDS, FIRMR201-39.5202-5 (OCT 1990)

(a) The details of any safeguards the Contractor maydesign or develop under this contract are the property of the Government shall not be published or disclosed in any waywithout the and consent of the Contracting Officer's express written consent. (b) The details of any safeguards that maybe revealed to the Contractor by the Government the course of performanceunder this contract shall not be published or disclosed in any manner without the Contracting Officer's express written consent. (c) The Government shall be accorded full, free, and uninhibited access to all installations, technical capabilities, operations, documentation, records, and databases for the purpose of carrying out a programof inspection to ensure continued efficacy and efficiency of safeguards against threats and hazards to data security, integrity and confidentiality. (d) If newor unanticipated threats or hazards are discovered by either the Government the or Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party. Mutualagreementshall then be reached

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on changes or corrections to existing safeguards or institution of newsafeguards, with final determination of appropriateness being madeby the government. The government's liability is limited to an equitable adjustment of cost for such corrections, and the government shall not be liable for claims of loss of business, damage reputation, or damages any other kind arising to of from discovery of newor unanticipated threats or hazards, or any public or private disclosure thereof. 1.33 WARRANTY EXCLUSION AND LIMITATION F]RMR 201-39.5202.--6 (OCT 1990) OF DAMAGES

Except as expressly set forth in writing in this agreement, and except for the warranty of merchantabifity, there are no warranties expressed or implied. In no event will the Contractor be liable to the Government for consequential damagesas defined in the Uniform Commercial Code, Section 2-715, in effect in the District of Columbia as of January 1, 1983, i.e., consequential damagesresulting from the seller's breach include -(a) Anyloss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to knowand which could have been reasonably prevented by cover or otherwise; and (b) Injury to person or property proximately resulting from any breach of warranty. 1.34 REFURBISHEDEQUIPMENTCERTIFICATION, SUP 5252.239-9406 (JAN 1992)

All refurbished or remanufactured equipment supplied to the governmentmust be accompanied by a "Certificate of Maintainability" from the applicable original equipmentmanufacturer. This certificate must indicate, at the minimum, following: the (a) (b) (c) (d) Modeland serial numberof the equipmentcertified; Expirationdate, if any, of the certification; Release level of the equipment; Certification that the manufacturer will accept the equipmentfor maintenance.

This certification must be received prior to the governmentcommencing evaluation against the acceptance criteria described in Section E. The Contractor shall have the responsibility for contacting the original equipmentmanufacturerand arranging for equipmentcertification, which is inclusive of any or atl repair/refurbishment. All costs associated with equipment certification will be borne by the Contractor.

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NAVAL REGIONAL CONTRACTING CENTER WASHINGTON 1.35

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ADDITIONAL ~ AND CONDITIONS APPLICABLE TO PURCHASE OF FIP RF~OURCES SYSTEMSLIFE CONTRACTS,SUP 5252.239-9409 (JAN 1992)

(a) Warranty. The following warranty is in addition to the clause at FAR52.246-18 (if incorporated into Section I), and sha~ not limit the right of the Government under that clause. (1) Warranty Period. The Contractor shall furnish, at no cost to the Government,all maintenance(labor and parts), as specified in this contract, both during and outside the Principal Period of Maintenance,for a period of one (1) year beginning on the first day of the successful performanceperiod. (2) Replaced Parts. All replaced parts during the warranty period shall becomethe property of the Contractor. (3) Cost of Movement. Prior to the expiration of the warranty period, whenever equipmentis shipped for mechanicalreplacement purposes, the Contractor shall bear all costs, including but not limited to, costs of packing, transportation, rigging, drayage, and insurance. (4) Fault of Government.The warranty shall not apply to maintenance required due the fault or negligence of the Government. (b) Tire (Under Purchase). Title of each machine,including special features installed thereon, will pass to the governmentwhenthe purchase price is paid. (c) Purchase of Installed Rental Equipment. N/A. Installed rental equipment acquired under the provisions of paragraph N/Amaybe purchased at any time. The purchase allowance shall be in accordance with paragraph N/A. All applicable provisions of paragraphs N/A shall apply. Provided that the Contractor dearly demonstrates that the equipmentis in good operating condition, the effective date of purchaseshall be either (1) The day following receipt by the Contractor of a funded contract amendment, funded purchase order; or (2) Alater date if so specified in the order; (3) Anearlier date whenmutually agreed to, and a confirming order is received within thirty (30) day after the effective date of purchase.

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N00600-94-C-0389 TO SOFI3VARE

1.36

ADDITIONAL TERMS AND CONDITIONS APPLICABLE ACQUISITION,SUP 5252.239-9410 (JAN 1992)

(a) Warranty. All software furnished pursuant to the terms and conditions of this contract shall be unconditionally guaranteed for a period of one (1) year beginning on the first day acceptance. (b) Title. Title to software systems acquired under this contract and any reproductions versions thereof shall remain with the Contractor. (c) Risk of Loss or Damage. governmentshall be relieved from all risks of loss or damage The to the software. (d) Liability for Injury or Damage.The Contractor shall not be liable for any injury governmentpersonnel or damageto governmentproperty arising from use of software provided by the Contractor unless such injury or damage is due to the fault or negligence of the Contractor.

1.37

COMMITMENTS, WARRANTIES, AND REPRESENTATIONS, SUP 5252.239-9413 (JAN 1992)

Anywritten commitment the Contractor within the scope of this contact shall be binding upon by the Contractor. Failure of the Contractor to fulfill any such commitment shall render the Contractor liable for liquidated, or other such damagesdue to the governmentunder the terms of this contract. For the purpose of this contract, a written commitment the Contractor is by limited to the proposals submitted by the Contractor, and to specific written modifications to the proposal. Written commitments the Contractor are further defined as including by (1) any warranty or representation madeby the Contractor in a proposal as to hardware or software performance;total systems performance;other physical, design, or functional characteristics of a machine,software package, or system, or installation date; (2) any warranty or representation madeby the Contractor concerning the characteristics or items described in paragraph (1) herein made in any publications, drawings, specifications accompanying referred to in a proposal; and or (3) any modification of or affirmation or representation as to the above which is made by the Contractor in or during the course of the Live Test Demonstration negotiations, or

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whether or not incorporated into a formal amendment the proposal in question. to 1.35 CONTRACTOR REPRESENTATION,SI~ 5252.239-9415 (JAN 1992)

Unless the Contractor expressly states otherwise in the Contractor's proposal, where functional requirementsare expressly stated as part of the requirementof the selicitafion, the Contractor, by responding, represents that, in its opinion, the system(s)/item(s) proposedis/are capable meeting those requirements. However, once the system(s)/item(s) is/are accepted by government,Contractor responsibility under this clause ceases. In the event of any inconsistency betweenthe detailed specification and the functional specification containedin the solicitation, the formershall conta'ol. 1.39 ACQUISITION OF ADPE BY ~ CONTRACTOR FOR CONTRACT PERFORMANCE

(a) This clause applies to Contractor-acquired ADPE,except for components as end-items delivered to the government,if the ADPE for the account of the government,or if title will is pass to the government. The Contractor shall comply with the provisions of DFARS 270.6 and receive ACO PCOapproval prior to acquiring ADPE and required for the performance of the contract. If approved, the Contractor shall acquire ADPE a competitive basis unless on otherwise specifically approved. Acquisition shall not be madeuntil funding is provided on the contract and the contract is modified to include specifics of the approval. (b) Nothingherein shall be construed as permission to incur costs in excess of those obligated to the contract, nor does it authorize reimbursement to be made contrary to the payment provisions of the contract. (c) The Contractor shall not: (1) acquire ADPE under the contract which is unnecessary for execution of the contract; (2) acquire ADPE commercial software for Navy use; or (3) place commercialsoftware subcontracts for the account of the governmentunder this contract prior to obtaining ACO approval, if required, under the "Subcontracts" clause of this contract. (d) Under any circumstance, the Contractor shall acquire commercialsoftware competitively to the maximum extent practicable.

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(e) The Contractor shall complywith the Government Property clause of the contract and FAR Part 45. (f) For Labor-Hourand Time-and-Materialscontracts, the term contract as used in this clause is understood to mean Delivery Order. The term ADPE defined in FAR31.001. is 1.40 CERTIFICATION OF IND]]LECT COSTS, (APR 1986) DFARS 252.242-7001

(a) The Contractor shall (1) Certify any proposal to establish or modify billing rates or to establish final indirect-cost rates; (2) Use the form set forth in paragraph (c) of this clause; (3) Havethe certificate signed by an individual of the Contractor's organization at level no lower than a vice president or chief financial officer of the business segmentof the Contractor that submits the proposal. (b) Failure to submita signed certificate, as described in this clause, shall result in payment indirect costs at rates unilaterally established by the Government. (c) Thecertificate of indirect costs shall read as follows: CERTIFICATE OF IND1RECT COSTS This is to certify that to the best of myknowledge belief: and 1. I have reviewed the indirect-cost proposal submitted herewith. 2. All costs included in this proposal N00600-93-R-2790 dated 11/01/93 (identify, date) to establish billing or final indirect cost rates for length of contract (identify period covered by rate) are allowable in accordance with the requirements of contracts to which they apply and with the cost principles of the Department Defense applicable to those of contracts; 3. This proposal does not include any costs which are unallowable under applicable cost principles of the Departmentof Defense, such as (without limitation): advertising and

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public relations costs, contributors and donations, entertainment costs, fines and penalties, lobbying costs, defense of fraud proceedings, and good will; and 4. All costs included in this proposal are properly allocable to Defensecontracts on the basis of a beneficial or causal relationship between the expenses incurred and the conlxacts to which they are allocated in accordance with applicable acquisition regulations. I declare under penalty of perjury that the foregoing is true and correct.

Signature: Name Corporate Official: of Title: Date of Execution:

1.42

STANDARD COMMERCIAL WARRANTY,SUP 5252.246-9401

(JAN 1992)

(a) The Offeror shall extend to the governmentthe full coverage of any standard commercial warranty normally offered in a similar commercialsale, provide such warranty is available at no additional cost to the government. Acceptance of the Standard commercial warranty does not waive the government'srights with regard to other terms and conditions of this contract. In the event of a conflict, the terms and conditions of the contract shall take precedenceover the standard commercialwarranty. The standard commercialwarranty period shall begin upon final acceptance of the applicable material and/or services listed in the Schedule. (b) The Contractor shall provide a copy of its standard commercial warranty (if applicable) its offer. The/warranty shall cover a period of __5 years__ [Offeror to insert number].

1.43

LIABILITY,

AUTOMOBILE AND WORKMAN'SCOMPENSATION INSURANCE

The following types of insurance are required in accordance with the clause entitled "INSURANCE- WORK A GOVERNMENT ON INSTALLATION"(FAR 52.228-5) and shall be maintained in the minimum amounts shown:

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$200,000 per person and $500,000 per accident

(b) Automobile Insurance: $200,000 per person and $500,000 per accident for bodily injury and $20,000 per accident for property damage. (c) Standard Workmen's compensation and Employer's Liability Insurance (or, where maritime employmentis involved, Longshoremen'sand Harbor Worker's Compensation Insurance) in the minimum amount of $100,000. 1.44 RISK OF LOSS OR DAMAGE

(a) Risk of Loss or Damage- Leased Equipment. (1) The Government relieved of all risk of loss or damageto the equipmentduring is periods of transportation and installation, and during the entire time the equipment in is the possession of the Government,except for

6)

loss or damagecaused by nuclear reaction, nuclear radiation, radioactive contamination, war, insurrection, civil strife, rebellion, weapons war; of
or

negligence on the part of the Government its agents, provided however, or that the Government shall be relieved of the liability for such risks of loss or damage due to negligence if any commercial customer of the Contractor is relieved of such liability under like c'trcumstances. (2) If the Government liable for loss or damageof a machine, the Contractor shall is have the option to restore the machine to its previous condition, in which event the Government shall pay the Contractor to perform such restoration at the Contractor's then-current prices, terms and conditions. (3) If the Contractor elects not to restore the machine, the Government may, at its own expense, restore the machineto its previous condition. If, however,the machineis lost or damagedbeyond repair, the Governmentshall pay to the Contractor the same price for the machineas the Government would have paid had it purchased the machineon the day prior to the loss or damageunder the provisions of this contract. This clause shall govern risk of loss or damage, notwithstanding any other provisions of this contract relating to title, payment,or ownership.

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(1) TheGovernment relieved of all risk of loss or damage the equipment,up to and is to including the day prior to the first day of a successful performanceperiod, except for loss or damagecaused by nuclear reaction, nuclear radiation, radioactive contamination,war, insurrection, civil strife, rebellion, weapons war; of
or

negligence on the part of the Government or its agents, provided, however, that the Government shall be relieved of the liability for such risks of loss-or damagedue to negligence if any commercialcustomer of the Contractor is relieved of such liability under like circumstances. (2) If the Government liable for loss or damageof a machine, the Contractor shall is have the option to restore the machineto its previous condition, in which event the Government shall pay the Contractor to perform such restoration at the Contractor's then-current prices, terms and conditions. If the Contractor elects not to restore the machine, the Government may, at its ownexpense, restore the machineto its previous condition. If, however, the machineis lost or damagedbeyond repair, the Government shall pay the Contractor the same price for the machine as the Government would have paid if it had purchased the machineon the day prior to the loss or damageunder the provisions of this contract. This clause shall govern risk of loss or damage, notwithstanding any other provisions of this contract relating to rifle, payment, or ownership. 1.45 PREPARATION OF VALUE ENGINEERING CHANGE PROPOSALS, DFARS252.248-7000 ~EC 1991)

Prepare Value Engineering change proposals, for submission pursuant to the value engineering clause of this contract, in the format prescribed by the version of MIL-STD-973 effect on the in date of contract award. 1.46 CHANGE PROPOSALS

(a) After contract award, the Governmentmay solicit, and the Contractor is encouraged independently propose, changesto the equipment,software specifications, or other requirements of this contract. These changes maybe proposed to save money, to improve performance, to save energy, or to satisfy increased data processing requirements. However, if proposed

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