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

Case 1:02-cv-00796-FMA

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NAVAL REGIONAL CONTRACTING CENTER WASHINGTON D.7 LABELING OF ASBESTOS MATERIALS

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(a) Hazardous Chemicals and Materials. All unit and intermediate-pack chemicals and materials (including aerosol propellants) shall have affixed thereto the applicable warning labels in accordancewith applicable laws, statutes, regulations, or ordinances. Such laws include the Federal Food, Drug, and Cosmetic Act and similar state and municipal legislation, the Federal Insecticide, Fungicide, and RodenticideAct. In addition, interior-, unit- and intermediate packs including unit containers that serve as shipping containers such as palls and drums shall be markedwith the applicable precautionary information in accordance with the AmericanNational Standard for Labeling of Hazardous Industrial Chemicals (ANSI Z129.1-1976). (b) Specific Hazards: Asbestos unit- and intermediate packs, including containers that serve as shipping containers of asbestos and products containing asbestos shall be marked: "Caution, Contains Asbestos Fibers. Avoid Creating Dust. Breathing Asbestos Dust May Cause Serious Bodily Harm." in accordance with the OSHA Compliance Label for Asbestos.

D.8

PACKING AND UNPACKING

The Contractor shall furnish such labor as maybe necessary for packing, unpacking, placement and installation of equipment. Said packing, unpacking, placement and installation of equipmentshall be furnished by the Contractor without additional charge to the Government.

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SECTION E - INSPECTION AND ACCEPTANCE E.1 I. IL CONTRACT CLAUSES INCORPORATED BY REFERENCE FEDERALACQUISITION REGULATION (48 CFR CHAPTER CLAUSES 1) DOD FAR SUPPLEMENT (48 CFR CHAPTER 2) CLAUSES 52.246-2 52.246-4 52.246-16 INSPECTION OF SUPPLIES - FIXED PRICE INSPEC~ON OF SERVICES - FIXED PRICE RESPONSIBILITY FOR SUPPLIES JUL 1985 APR 1984 APR 1984

E.2

STANDARD SYSTEMS)

OF PERFORMANCE

AND ACCEPTANCE

OF EQ~

(A~P

(a) General. This provision establishes a standard of performance which must be met before any equipmentlisted in Section B is accepted by the Government.This provision also pertains to replacement and substitute machines, and machines which are added or field modified (modification of a machinefrom one modelto another) after a successful performance period. (b) Performance Period. The performance period shall begin on the installation date (unless delayed in accordance with E.2(b)(3) herein) and shall end whenthe equipment has met standard of performance a period of thirty (30) consecutive days by operating in conformance for with the Contractor's technical specifications and functional descriptions, or as quoted in the Contractor's proposal, whichmustsatisfy the requirementsof Section C, at an effectiveness level of 99.998% or more. (1) Continuance of Performance Period. If the equipment does not meet the standard of performance during the initial 30 consecutive days, the performance period shall continue on a day-by-daybasis until the standard of performance met for a total of 30 is consecutive days. (2) Failure to Meet Standard of Performance. If the equipment fails to meet the standaxd of performance after 90 calendar days from the installation date or start of the performance period, whichever is later, the Governmentmayat Its option request a replacement or terminate the contract and request the immediate removal of the equipment the restoration of the site to pre-installation condition. and

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(3) Delay of Start of Performance Period. If necessary, the Government delay the may start of the performanceperiod, but such a delay shall not exceed 30 consecutive days; therefore, the performance period must start not later than the 31st day after the installation date. Should the Government delay the start of the performance period, rental charges, or maintenance charges as applicable, shall accrue for that period of time betweenthe installation date and the start of the performanceperiod and shall be paid only upon completion of the successful performance period. (c) Effectiveness Level Computations. (1) General. The effectiveness level for a system is computed by dividing the operational use time by the sum of the operational use time plus system failure downtime. (2) Changesin Equipment.The effectiveness level for machines added, field-modified, or substituted, or for a replacement machine is a percentage figure determined by dividing the operational .use time of the machineby the sumof that time plus downtime resulting from equipmentfailure of the machinebeing tested. (d) Operational Use Time. (1) For System. Operational use time for performance testing for a system is the accumulated time during which the Central Processing Unit is in actual operation, including any intervals of time between the start and stop of the processing of the programs. (2) For Equipment.Operational use time for performance testing for a machineadded, field-modified, or substituted, or for a replacement machine, is defined as the accumulatedtime during which the machineis in actual use. (3) MinimumUse Time. During the performance period for a system/machine, minimum 100 hours of operational use time with scheduled productive or simulated of work will be required as a basis for computing the effectiveness level. However,in computingthe effectiveness level, the actual numberof operational use hours shall be used when that number exceeds the minimum of 100 hours. Added machines, field-modified machines, and substitute machines are subject to the 100 hour minimum use time requirement. However, the Governmentshall accept such machine(s) without the addition of simulated work solely to achieve the minimum 100 hours use time, of provided the average effectiveness for the 30 day acceptance period is equal to or better

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NAVAL ~GIONAL CONTRACTING CENTER WASHINGTON than the level specified in E.2(b) herein.

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(4) Measure of Operational Use Time. Operational use time and downtime shall measured in hours and whole minutes. (e) Downtime. (1) System Failure Downtime.System failure downtimeis that period of time during which the scheduled productive workload, or simulated workload, being used for acceptance testing cannot be continued on the system due to machine(s) failure. simulated workloadis being used for acceptance testing, it must be consistent with the data processing requirements set forth elsewherein this contract. (2) Start of Downtime. Downtimefor each incident shall start from the time the Government contacts the Contractor's designated representative at the prearranged contact point until the system(s) or machine(s)is returned to the Government proper operating in condition, exclusive of actual travel time required by the Contractor's maintenance personnel but not in excess of one hour on each day such services were requested. However,at the request of the Contractor, the Government shall makeavailable not only the failed equipment, but also those machines which the Contractor must use to accomplish such repairs. The Contractor shall provide an answering service or other continuous telephone coverage to permit the Government makesuch contact. to (3) Equipment Use During System Downtime. During a period of system failure downtime, the Government may use operable equipment when such action does not interfere with maintenance of the inoperable equipment. The entire system will be considered downduring such periods of use. Wheneverthe operable equipment is not released to the Contractor upon request, all such usage periods shall be considered system operational use time in computingthe effectiveness level. (4) Machine Failure Downtime. Machine failure downtime for a machine added, field-modified, or substituted, or for a replacement machine after the system has completed a successful performance period is that period of time whensuch machineis inoperable due to its failure. (f) Daily Records. The Governmentshall maintain appropriate daily records to satisfy the requirements of paragraph E.2(b) herein and shall notify the Contractor in writing of the date of successful completion of the performance period.

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(g) RemoteDevices. For remote devices the standard of performance shall be determined accordance with paragraph E.2(d)(3) herein. A remote device is defined as Contractor-supplied device which is connected to the Central Processing Unit by way of data transmission lines rather than Contractor-supplieddirect cable connection.Theeffectiveness level for equipment supplied by the Contractor shall be computed in accordance with paragraph E.2(d)(2) here'm and shall exclude downtime attributable to related equipment, cables, transmission lines, wires, etc. not supplied by the Contractor. (h) Date of Acceptance. The Government shall not accept equipment and shall not pay charges until after the standard of performance is met. The date of acceptance shall be the first day following the completion of the successful performanceperiod.

E.3

GUARANTEED RERUN OF THE BENCHMARK TEST

(a) Agreement.The Contractor agrees to rerun the benchmark test and/or operational capability demonstrationset forth in the solicitation documenton the initial proposedADP system and any proposed augmentations installed under this contract, provided a separate preaward benchmark test was requ'~red for the augmented configuration. This rerun shall be completedprior to the start of the acceptancetest period. (b) ReqniredPerformance.If the initial installation includes all of the hardware and software used by the Contractor to perform the preaward benchmark test, the time to perform the benchmarkrerun(s) shall not exceed the maximum benchmarktime(s) specified for the preaward benchmark test for that configuration. If the initial hardware/softwareconfiguration installed at the Government'ssite must be augmentedunder the terms of the contract, the benchmark rerun(s) shall not exceed the maximum benchmarktime(s) specified for the preaward benchmark test for the specific augmented configuration involved. (c) Files, Data, and Procedures. The benchmarkprogram files, input data, and processing procedures must be the sameas those used in the original timed benchmark test. The Contractor agrees to retain all necessary files, programs, and information used in the original benchmark test for the guaranteed rerun benchmark test. (d) Additional Hardwareand Software. If the required performance is not attained on rerun of the benchmark tests, through no fault of the Government, the Contractor shall provide whatever hardware and/or software is necessary to meet the specified benchmarktest time(s). Such additional hardwareand/or software shall be provided at no cost to the Government the for duration of the systemlife specified in the solicitation.

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(e) Waiverof Test. The Government reserves the right to waive the requ'trement for Benchmark and Operational Capability Tests if technical compliance can be adequately determined through review of technical proposals.

E.7

INSPECTION AND ACCEPTANCE(DESTINATION),

(NRCC WASH)(OCT

(a) Final inspection and acceptance of the supplies to be furnished hereunder shall be made destination by the COTR. 03) The COTR shall execute acceptance on the appYlcable inspection and receiving report (DD Form 250, and forward to the paying office cited on the award page of the contract. One executed copy of the final DDForm250 shall be forwardedto the contract administration office cited in the contract.

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NAVAL RE(~IONAL

CO~CTING

CENTER WASHINGTON

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SECTION F.1

F-

DELIVERIES

OR PERFORMANCE BY REFERENCE

CONTRACT CLAUSES INCORPORATF_D

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CONTRACT CLAUSES DOD FAR SUPPLEMENT (48 CFR CHAPTER 2) CLAUSES 52.212-10 52.212-13 52.212-15 52.247-34 52.247-54 DELIVERY OF EXCESS QUANTIFIES OF $100 OR LESS STOP-WORK ORDER GOVERNMENT DELAY OF WORK F.O.B. DESTINATION DIVERSION OF SHIPMENT UNDER F.O.B. DESTINATION CONTRACTS

SEP 1989 AUG 1989 APR 1984 DEC 1991 MAR 1989

F.2

DELIVERY REQUIREMENTS AND OPTIONS by up to 30 days, at

(a) The Governmentreserves the right to delay the installation additional cost to the Government, provided that:

(1) The Contractor shall receive written notice from the Contracting Officer 30 days prior to the scheduledinstallation date. (2) Anyinstallation delays beyond30 days shall be mutually agreed to by the Contractor and the Government. (b) If the equipment is certified to be ready for use prior to the installation date, the Government,at its option, mayelect to use the equipment and change the installation date accordingly. In this event, the contract shall be so amendedby the Government. (c) The Government agrees to have the site prepared in accordancewith the Contractor's written site specifications by thirty (30) days prior to the scheduledinstallation date, unless a shorter period of time is agreed to in writing. (d) The Governmentshall provide the Contractor with access to the site for the purpose installing the equipmentprior to the scheduled installation date. The Contractor shall specify

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NAVAL ~GIONAL CONTRACTING CENTER WASHINGTON in writing the time required to install the equipment, F.3 DELIVERY OF DATA

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The place and time of delivery of data shall be as specified on the DDForm 1423 (Contract Data Requirements List) whichis an exhibit to this contract, unless delivery is deferred at the Government'soption by written order of the ContmclingOfficer. Exhibits A through R apply to Lot I of the contract. Exhibits AI through AZare required for each optional ATC site (in accordance with option provisions contained herein).

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NAVAL REGIONAL CONTRACTING CENTER WASHINGTON F.7 TIME AND PLACE OF DELIVERY - F.O.B.

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DESTINATION

The contractor shall furnish the items hereunder at the following locations and within the following timeframes and without additional expense to the Government. QTY/ DEL/VERY SCHEDULE ~ PERIOD OF PERFORMANCE 1/EA 12 MONTHS ~ CON-'ISL~CT AWARD

CL1N

DESTINATION

0001AA NTCC HAMPTON ROADS 000lAB NTCC CAMP SMITH

I/EA 09 MONTHSAFIER CONTRACTAWARD 1/EA 10 MONTI-IS AFTER CONTRACT AWARD 1/LT /N ACCORDANCE WITH CLAUSE C. 15 lILT lILT IN ACCORDANCE WlTH CLAUSE C.15 IN ACCORDANCE WITH CLAUSE C.15

0001AC NTCC MAKALAPA 0002AA NTCC HAMPTON ROADS 0002AB NTCC CAMPSMITI-I 0002AC NTCC IMAKALAPA 0003 0004* 0005* 0006* 0007" 0008* 0009* 0010" 0011" 0012" SEE CLAUSEF.3 NCTS JAPAN NCTS JAPAN SEE CLAUSEF.3 NCTS SICILY NTCS SICILY SEE CLAUSEF.3 NCTS PUERTO RICO NCTS PUERTO RICO SEE CLAUSEF.3

1/LT SEE CLAUSEF.3 1/EA 9 MONTHSAFTER OPTION EXERCISE 1/LT IN ACCORDANCE WlTH CLAUSE C. 15 1/LT SEE CLAUSEF.3 1/EA 9 MONTHSAFTER OPTION EXERCISE 1/LT IN ACCORDANCE WITH CLAUSE C.15 lILT SEE CLAUSEF.3

I/EA 9 MONTHSAFTER OPTION EXERCISE 1/LT IN ACCORDANCE WITH CLAUSE C.15 1/LT SEE CLAUSEF.3

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CLIN 0013" 0014" 0015"

DESTINATION NCTS LONDON NCTS LONDON SEE CLAUSEF.3

QTY/ DELIVERY SCHEDULE UNIT. PERIOD OF PERFORMANCE 1/EA 9 MONTHSAFI~R OPTION EXERCISE 1/LT IN ACCORDANCE WITH CLAUSE C.15 1/LT SEE CLAUSEF.3 N/A 01 OCT 1994 THROUGH SEPT 1995 30

0016AS SPECIFIED IN SECT B TI-IROUGH 0030* 0031AS SPECIFIED IN SECT B THROUGH 0045* 0046AS SPECIFIED IN SCET B THROUGH 0060* 0061AS SPECIFIED IN SECT B THROUGH 0075*

N/A

01 OCT 1995 THROUGH SEPT 1996 30

N/A

01 OCT 1996 THROUGH SEPT 1997 30

N/A

01 OCT 1997 THROUGH SEPT 1998 30

*IN ACCORDANCE WITH OPTION PROVISIONS CONTAINED HEREIN.

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F.16

NO WAIVER OF DELIVERY SCHEDUI~

Noneof the following shall be regarded as an extension, waiver, or abandonment the delivery of schedule or a waiver of the Government's right to terminate for default: (a) Delay by the Government terminating for default; in (b) Acceptanceof delinquent deliveries; and (c) Acceptanceor approval of samples submitted either after default in delivery or sufficient time for the contractor to meet the delivery schedule. Anyassistance rendered to the contractor on this con~'act or acceptance by the Government delinquent goods of or services hereunder will be solely for the purpose of mitigating damages is not to and be construed as an intention on the part of the Government condoneany delinquency, to nor as a waiver of any rights the Government have under subject contract. may

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SEC~ON G - CONTRACT ~MINISTRATION

DATA

G.1

POINT-OF-CONTACT regarding this document is William Thoreen, who can be reached at

The point-of-contact 202-433-5389.

G.2

AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER, 5252.243-9000 (JAN 1992)

SUP

(a) Except as specified in paragraph (b) herein, no order, statement, or conduct of Government personnel whovisit the Contractor's facilities, or in any other manner communicatewith Contractor personnel during the performance this contract, shall constitute a changeunder the of "Changes"clause of this contract. (b) The Contractor shall not comply with any order, direction, or request of Government personnel unless issued in writing and signed by the Contracting Officer, or pursuant to specific authority otherwise included in this contract. (c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding provisions contained elsewhere in this contract, said authority remains solely with the Contracting Officer. In the event the Contractor effects any change (s) at the direction of any person other than the Contracting Officer, that change shall be considered to have been madewithout authority and no adjustment in price shall be madein the contract (or Delivery Order) to cover any increase in charges incurred as a result thereof. The nameand address of the Principle Contracting Officer (PCO)is: ROSCOE W. CRAWFORD NAVAL REGIONAL CONTRAC~NG CENTER BLDG200, 901 M ST WASHINGTON NAVY YARD WASHINGTON, 20374-5014 DC

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NAVAL REGIONAL CONTRACTING CENTER WASHINGTON G.4 (a)

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DESIGNATIONOF COTR, (NRCC WASH)(OCT1992) (1) The Contracting Officer's Technical Representative (COTR) this contract for NAME: MAIL ADDRESS: MR. PERCY TOLBERT Space and Naval Warfare Systems Command Code PMW-152-21F 2451 Crystal Drive Arlington, VA22245-5200 (703) 602-8332 Ext. 548

TELEPHONE NUMBER:

(2) The above-namedindividual is hereby delegated as the authorized COTR this for contract/order. As such, this individual is responsible for monitoring, progressing and overall technical surveillance of services to be performedunder this contract/order and should be contacted regarding questions or problemsof a technical nature. In no event will any understanding or agreement, modification, change order, or other matter deviating from the terms of the basic contract between the contractor and any person other than the Procuring Contracting Officer (PCO)or the Administering Contracting Officer (ACO)be effective or binding upon the Government. (3) When, the opinion of the contractor, the COTR in requests effort outside the existing scope of the contract, the contractor will promptly notify the PCO writing. in (4) Noaction will be taken by the contractor under such technical instruction unless the PCOor ACO issued a contractual change. has (b) List of duties to be performed by COTR the administration of Contract: in (1) Serve as the point-of-contact through which the contractor can relay questions problemsof a technical nature to the contracting Officer. (2) Monitor services being performed to ensure the contractor uses personnel meeting the requisite qualifications cited in the contract/order and require contractor's justification whenusing categories of personnel that are not in proportion to approvedestimates. (3) Review and evaluate contractor's estimates recommendations to the PCOor ACO appropriate. as to furnish comments and

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NAVAL REGIONAL CONTRACTING CENTER WASHINGTON

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(4) Alert the ACO, appropriate, to any potential problems which mayaffect cost as performance schedules. Determine if percentage of work performed reasonably corresponds to the percentage of funds expended. (5) Ensure that a copy of trip reports of Government personnel visiting contractor's plant, and a copy of all pertinent Government technical correspondenceis retained in the COTR contract file. (6) Review certify invoices in accordancewith invoicing instructions of the contract. and Maintain a file with copies of these documents. (7) Determinecausative factors for any slippage in the performanceschedule and report to the PCOor ACO makingrecommendations corrective action to eliminate the cause for of the slippage. In addition, the contractor's performanceshould be monitored to ensure that corrective action is being taken. (8) Furnish the PCOwith any requests for change, deviation, or waiver (whether generated by Government personnel or contractor personnel), including all supporting paperworkin connection with such change, deviation, or waiver. (9) Be responsible for the inspection and acceptance of the services performed. Ensure compliance with the clause at FAR52.246-5 or -6 which provide the Governmentthe right to require the contractor to perform the services again, in conformance with the contract requirements, without paymentof additional profit/fee. (10) Submit to the PCO(with a copy to the ACO),a written evaluation (A) the performance of the contractor and 03) a statement as to the uses made of any deliverables contractor. furnished by the

This report shall be made within 60 days of contract completion or annually on the anniversary date for contracts which include options. The written performance should address the cost effectiveness, quality, and timeliness of contractor performance.

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NAVAL REGIONAL CONTRACTING CENTER WASHINGTON G.6 SECURITY COGNIZANCE

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The highest level of security required under this contract is Top Secret as designated on the DD Form254, Attachment8 to this contract. Responsibility for security requirements under this contract is assigned to Director Industrial Security, Defense Investigative Service, Capital Region. G.7 COST ACCOUNTING STANDARDS ADMINISTRATION

A copy of this contract has been furnished to the cognizant Contract Administration Office for administration of the Cost AccountingStandards provisions contained herein. G.8 AUTHORITY FOR DEOBLIGATION OF UNEXPENDED AND EXCESS DOLLAR BALANCES

The Administrative Contracting Officer (ACO) authorized to execute contract modifications is deobligating unexpended Navy dollar balances considered excess to known contract requirements. G.9 ADDITIONAL FUNC~ONS ASSIGNED

In addition to the Contract Administration functions authorized by FAR42.302, the Administrative ConWacting Officer (ACO) authorized to perform the following administrative is functions as checked below: Negotiate, or negotiate and execute, supplemental agreements issued under the Changesclause. NOTE: Prior to completion of negotiations and issuance of the supplemental agreement, any delivery schedule change shall be coordinated with the Principle Contracting Officer ~CO). Negotiate, or negotiate and execute, supplemental agreements changing contract delivery schedules. Negotiate, or negotiate and execute, supplemental agreements providing for the deobligation of unexpended dollar balances excess to known contract requirements.

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[]

Negotiate changesto interim billing prices. Issue amendedshipping instructions and, whennecessary, negotiate and execute supplemental agreements inCOlpomtingcontractor proposals resulting from the amended shipping inslanactions.

G.10 NOTE TO PAYING OFFICE:

ADDRESS OF PAYEE

The Contractor shall identify the address to whichpayments shall be made,if different from that identified on the SF26. Paymentsare to be mailed to the following address:

G.12

APPROPRIATION DATA

Accountingand Appropriation Data for this contract is as follows: ACRN ACCOUNTING AND APPROPRIATION DATA DOLLARS OBLIGATED

AA1741810 52D6 000 EA152 0 068342 2D 000000 D60010000000 $4,416,645.54

G.14

EXTENDED MAINTENANCE FUNDING

(a) This contract specifies a not-to-exceed amountfor per-call maintenanceservices (labor travel) outside the Principal Period of Maintenance(OPPM). The Government unilaterally may modify the contract to increase the not-to-exceed amount for these services. However, the Contractor is not obligated to perform, and the Government not obligated to pay for, services is in excess of the dollars specified in Section B. (b) However,the Contractor is not obligated to perform, and the Government not obligated is to pay, for services that will cause the total maximum value of the contract to be exceeded. (c) Charges for per-call services shall be invoiced separately and on a calendar monthbasis

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listing the date(s) performed,the service(s) performed,the number hours, and the reasons of the services.

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NAVAL REGIONAL CONTRACTING CENTER WASHINGTON G.15 GOVERNMENT DOWNTIME CRED~

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The amountof creditable hours (for failure to arrive within the response time designated in Clause C.21 ("On-Site Maintenance") shall be accumulated for the monthand adjusted to the nearest hour. Theamountof credit for each hour in excess of the specified response time shall be computedat the applicable OPPM specified in the Schedule. The total credit during any rate monthshall not exceed the Total Monthly Maintenance Charge. G.16 CALCULATION OF DOWNTIME CREDIT

(a) Definition. System downtimeis that period of time whenthe system is inoperative and scheduled workload can be accomplished due to a malfunction in the Contractorsupplied/maintained equipment or operating software or the system is inoperative and no scheduled workload can be accomplished because the system is released to the Contractor for remedial services. (b) Period of Downtime. Downtimeshall commenceat the time of the actual contact (or bona-fide attempt as defined in the glossary) with the Contractor's maintenancerepresentative at the designated point of contact or with the Contractor's answeringservice or other continuous telephone coverage provided to permit the Governmentto makesuch contact. Downtime shall end when the system and/or machine is returned to the Governmentin operable condition, including operating software regeneration, if required, ready to performthe scheduled workload. The Contractor shall not be responsible for input of lost workloaddata. (c) Maintenance Credit for System Downtime.If the system remains inoperative and cannot perform the scheduled workload due to an equipmentor operating software malfunction through no fault or negligence of the Government a period of 5 consecutive minutes, or more than for 1__9_0 non-consecutiveminutes during a twenty-four (24) hour period, the Contractor shall grant a credit to the Government each minute of downtime the amountof one-half (1/2) of one for in percent of the Total Monthly Charges due under this contract, as defined in Section J, Attachment 1, Glossary. However, no credit shall be due the Government for operating software malfunctions when (1) the malfunction is not attributable software, and/or solely to the Contractor-supplied/maintained

(2) the Governmenthas made any additions or alterations operating software.

or otherwise modified the

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The credit for system downtimeshall be computed to the nearest half or whole minute. No credit shall accrue to the Government during those periods whenthe Contractor is denied access to the equipmentand the amountof credit granted shall not exceed 1/30th of the Total Monthly Charges for any calendar day. (d) Maintenance Credit for Equipment Downtime.If a machine remains unusable due to equipment and/or operating software malfunction through no fault or negligence of the Government, for a period of _2_2 consecutive hours or more than ~4 non-consecutive hours during a twenty four (24) hour period, the Contractor shall grant a credit to the Government for each hour of downtimein the amountof one-half (1/2) of one percent of Total MonthlyCharges due under this contract, as defined in Section J, Attachment 1, Glossary, plus similar credits J. for any other machine(s) supplied under this contract not usable as a result of the malfunction. Nocredit shall accrue to the Government during those periods whenthe Contractor is denied access to the equipmentand the amountof credit granted under this paragraph for each machine shall not exceed 1/30th of the Total Monthly Charge for the machine for any calendar day. Credit for equipmentor software malfunctions shall be computedto the nearest half or whole hour. However, no credit shall be due the Governmentfor operating software or equipment malfunctions when (1) the malfunction is not attributed software or equipment and/or solely to the Contractor supplied/maintained

(2) the Governmenthas madeany additions or alterations operating software or equipment.

or otherwise modified the

During a period of downtime, the Governmentmay use operable equipment when such action does not interfere with remedial maintenance. The credit provisions of this paragraph do not apply whenparagraph (c) herein is invoked. (e) Purchased System and/or Equipment. For purchased system/equipment, maintenance downtime credits apply only during the period in which the Contractor has maintenance responsibility.

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NAVAL REGIONAL CONTRACTING CENTER WASH]NGTON

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G.18 SUBMISSION OF INVOICES IN CONTRACTS FOR ACQ~ITION OF FEDERAL INFORMATION PROCESSING (FIP) RESOURCES INCLUDING LEASE, MAINTENANCE, RENTAL AND/OR SUPPORT SERVICES, SUP 5252.232-9003 (JUN 1992) (a) The Contractor shall submit original DD-250s with ~ copies to the address identified the solicitation/contract awardform (SF33- Block 23), for certification prior to payment. (b) In addition to the information identified in the clause entitled "PromptPayment" herein, in, DD-250s shall include the following information: (1) (2) (3) (4) (5) (6) Contract Line Item Number(CLIN): Contract Subline Item Number (SLIN), if applicable; Accounting Classification Reference Number(ACRN); Payment terms; Name and serial numberof equipment provided or serviced; Total charges and, if applicable, the PromptPaymentdiscount.

(c) The Contractor shall submit DD-205s basic monthly charges in the monthfollowing the for monthfor which the charges accrue and not more than on a monthly basis. Paymentfor rental or services of less than one month's duration shall be prorated at 1/30th of the basic monthly charges for each calendar day. (d) If maintenancecredits apply, the procedures indicated below are applicable: [ X ] The Government request, in writing, that the applicable credits for the month wi~ be applied against other charges, The request will list the following information: Type and model number(s) of machine(s); Date of Occurrence; Period of downtime; and Credit due. Invoices for remedial (on-call) maintenancewill be accompanied copies of the by applicable malfunction reports regarding the on-call maintenancefurnished. [ ] The governmentwill deduct the credits from the monthly invoice and inform the contractor in writing of the reason.

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NAVAL REGIONAL CONTRACTING CENTER WASHINGTON G.20 INVOICING ADDRESS

N00600-94-C-0389

Invoices shall be sent to the following address(es): NAME: MAIL ADDRESS: MR. PERCY TOLBERT Space and Naval Warfare Systems Command Code PMW-152-21F 2451 Crystal Drive Arlington, VA22245-5200 602-8332 Ext. 548

TELEPHONE NUMBF_aR:(703) G.23 SERVICE CONTRACT GUIDELINES

All Navalpersonnel involved in inspection or surveillance of Contractor services or liaison with contractor personnel shall conform the guidelines for using contractor services set forth in the to latest version to SECNAVINST 4200.27A.

G.24

SUBCONTRACTING PLAN

The Contractor's subcontracting plan number * , dated is determined to be acceptable and is hereby incorporated as Attachment ~. A copy of the plan shall be provided to the ACO. *Notrequ'~red.

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SECTION EI - SPECIAL CONTRACT REQUIREMENTS H.2 ADVERTISING OF AWARD

The Contractor agrees not to refer to awards in commercialadvertising in such a manneras to state or imply that the product or service provided is endorsed or preferred by the Federal Government is considered by the Government be superior to other products or services. or to

H.4

POST-AWARDCONFERENCE, (NAVS~)(JAN

1992)

(a) A post-award conference shall be conducted within 30 days after contract award with representatives of the Contractor, the cognizant Contract Administration Office, and the Contracting Officer at to be determined . The Contracting Officer, or designated representative, initiating the conference will desigr~ate, or act as, the chairperson. At the request of the Procuring Contracting Officer, conference arrangements will be madeby the Contract AdministrationOffice, including notification to the Contractor and the Contracting Officer. (b) The requirement for a post-award conference shall in no event constitute grounds for excusable delay by the Contractor in performance of any provisions in the contract.

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SECTION I - CONTRACTCLAUSES 1.1 CLAUSES INCORPORATED BY REFERENCE

I. FEDERAL ACQUISITION REGULATION(48 CFR CHAP'IT_~ 1) CLAUSES H. DOD FAR SUPPL~ (48 CFR CHAPTER 2) CLAUSES CAUTION TO OFFERORS: THE OFFEROR IS CAUTIONED NOT TO DELETE CLAUSES FROM NOR ADD CLAUSES TO THE FOLLOWING CONTRACT CLAUSE LIST. SUCH AN ACTION MAY CAUSE THE OFFER TO BE REJECTED, NOTE T]~ AVAILABILITY OF TEXT OF CLAUSES: THE COMPLETE TEXT OF SPECIFIC CLAUSES IS CONTAINED IN TITLES 48 AND 41 OF T]~E CODE OF FEDERAL REGULATIONS (CFR) AND IS AVAILABLE AT MOST COMPLETE LAW LIBRARIES. CLAUSE 252.201-7000 52.202-1 52.203-1 52.203-3 52.203-5 52.203-6 52.203-7 52.203-10 52.203-12 252.203-7000 252.203-7001 252.203-7002 52.204-2 252.204-7000 252.204-7002 252.205-7000 TITLE CONTRACTINGOFFICER'S REPRESENTATIVE DEFINITIONS OFFICIALS NOT TO BENEFIT GRATUITIY_S COVENANT AGAINST CONTINGENT FEES RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT ANTI-KICKBACK PROCEDURES PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS STATUTORY PROHIBITIONS ON COMPENSATION TO FORMER DoD EMPLOYEES SPECIAL PROHIBITION ON EMPLOYMENT DISPLAY OF DoD HOTLINE POSTER SECURITY REQUIRFAVIE2qTS DISCLOSURE OF INFORMATION PAYMENT FOR SUBLINE ITEMS NOT SEPARATELY PRICED PROVISION OF INFORMATION TO COOPERATIVE AGREEMEaNT HOLDERS DATE DEC 1991 APR 1984 APR 1984 APR 1984 APR 1984 JUL 1985 OCT 1988 SEP 1990 JAN 1990 DEC 1991 DEC 1991 DEC 1991 APR 1984 DEC 1991 DEC 1991 DEC1991

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