EXHIBIT 10.11
AWARD/CONTRACT
1. This contract is rated order under DPAS (15 CFR 350)
Rating DO: S10
Page 1 of Pages 34
2. Contract (Proc. Inst. Indent.) NO. MDA904-97-C-0424
3. Effective date 27 June '97
4. Requisition/Purchase Request/Project No. 00-00-0000-0000
5. Issued By
Maryland Procurement Office
0000 Xxxxxx Xxxx, XXXX XXX
Xxxx Xxxxxx X. Xxxxx, XX 00000-0000
Attn: Xxxxxxxx X. Xxxxxx, (N141)
Code H98230
6. Administered By (If other than Item 5) CODE
7. Name and Address of Contractor (No., street, county, State and ZIP Code)
Litronic Industries
Attn: Xxxxx Xxxxxxxx
00000 Xxxxxx Xxxxx Xxxxx
Xxxxxxx, XX 00000 (703-729-1700)
and U.S. Small Business Administration
000 0xx Xxxxxx, X.X.
Washington, DC 20416
Code Facility Code
8. Delivery FOB Origin X Other (See below)
9. Discount for Prompt Payment NET 30
10. Submit Invoices (4 copies unless otherwise specified) to the address shown
in: Item See Section G.4
11. Ship to/Mark for See Section F.4
12. Payment will be made by contracts -- Accounts Payable Finance and
Accounting Office, P.O. Box 400, Ft. Xxxxx, MD 20755-6000 (000) 000-0000 Code
H98230
13. Authority for using other than full and open competition: X 10 U.S.C.
2304(c) (6) and 10 U.S.C. 637(a) ___ 41 U.S.C. 253(c)( )
14. Accounting and Appropriation Data: See Section G.1
15A. Item No.:
15B. Supplies/Services
15C. Quality
15D. Unit
15E. Unit Price
15F. Amount
This is a firm fixed price level of effort award fee type contract
This contract is subject to the Prompt Payment Act, Public Law 97-177, as
amended.
15G. Total amount of contract $369,736.00
16. Table of Contents
(x) SEC. DESCRIPTION PAGE(S)
Part I - The Schedule
X A Solicitation/Contract Form 1-2
X B Supplies or Services and Prices/Costs 3
X C Description/Specs./Work Statement 4
X D Packaging and Marking 4
X E Inspection and Acceptance 5
X F Delivers or Performance 6-7
X G Contract Administration Data
8-11
X H Special Contract Requirements
11-21
Part II - Contract Clauses
X I Contract Clauses 22-33
Part III - List of Documents, Exhibits and Other Attachments
X J List of Attachments 34
Part IV - Representations and Instructions
K Representations, Certifications
L Instrs., Cond., and Notices to Offerors
M Evaluation Factors for Award
Contracting Officer will complete item 17 or 18 as applicable
17. X Contractor's Negotiated Agreement (Contractor is required to sign this
document and return 3 copies to issuing office.) Contractor agrees to furnish
and deliver all items or perform all the service set forth or otherwise
identified above and on any continuation sheets for the consideration stated
herein. The rights and obligations of the parties to this contract shall be
subject to and governed by the following documents: (a) this award/contract, (b)
the solicitation, if any, and (c) such provisions, representations,
certifications, and specifications, as are attached or incorporated by reference
herein. (Attachments are listed herein)
18. ____ Award (Contractor is not required to sign this document.) You offer on
Solicitation Number _________________ including the additions or changes made by
you which additions or changes are set forth in full above, is hereby accepted
as to the items listed above or on any continuation sheets. This award
consummates the contract which consists of the following documents: (a) the
Government solicitation and your offer, and (b) this award/contract. No further
contractual document is necessary.
19A. Name and title of signer (Type or print) See Page Two
19B. Contractor/Offeror By (Signature of person authorized to sign)
19C Date signed
20A. Name and Title of Contracting Officer (Type or Print) See Page Two
20B. United States of America By (Signature of Contracting Officer)
20C. Date Signed
NSN 7540-01-152-8069
Standard Form 26 (Rev 4) Prescribed by GSA
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SECTION B - SUPPLIES OR SERVICES AND PRICES COSTS
B.1 SUPPLIES/SERVICES
UNIT
CLIN SUPPLIES/SERVICES UNIT QTY PRICE TOTAL
000l The contractor shall furnish the necessary HRS 3425 XXX $312,707.00
materials, facilities, equipment, supplies $421,116.00
and services of skilled professional, technical
and support personnel to fulfill the requirements
set forth in the Statement of Work entitled, "Multi
Level Information System Security Initiative Crypto
Card System Analysis and Library and Driver
Architecture and Development," dated 10 January
1997 and the documents referenced in Section C. The
contractor's management shall provide for the effective
timely and integrated implementation of contract
requirements.
0001AA Program Manager X XX $118.06 XXXX
0001AB Sr. Electrical Eng. X XX $ 75.41 XXXX
0001AC Electronic Technician X XX $ 69.32 XXXX
0001AD Systems Analyst X XX $ 75.38 XXXX
0001AE Sr. Software Engineer X XX $ 98.38 XXXX
0001AF Software Engineer X XX $ 62.60 XXXX
Total Amount CLIN 0001 Not-To-Exceed $312.707.00
0002 Award Fee Pool, to be determined in For the Period $ 31,271.00
accordance with the Award Fee Plan for Multi-
Level Information System Security Initiative
Crytp Card System Analysis and Library and Driver
Architecture and Development, dated 10 June 1997
(Rev. 2). There shall be one evaluation of performance
at the end of the period of performance (Date of
contract award through 30 September 1997.) If the
Government exercises the options to extend the term
of the contract, there shall be an evaluation of
performance at the conclusion of each option
year. The contractor is authorized to bill for up to 50% of
the available award fee ($15,635.50), on a monthly basis
in equal amounts of $3,908.88.
0003 TRAVEL For The Job Not-To-Exceed $15,000.00
(Includes Applicable Burdens)
0004 OTHER DIRECT COSTS For The Job Not-To-Exceed $10,758.00
(Includes Applicable Burdens)
0005 Data in accordance with the Contact For The Lot Not-Separately Priced
Data Item Requirements List (CDRL)
Dated 13 February 1997.
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NOTE 1: OTHER DIRECT COSTS (ODCs) shall be reimbursed at actual costs plus
applicable burdens. ODCs are non fee bearing.
NOTE 2: TRAVEL shall be reimbursed at cost. Lodging shall be reimbursed at
actual costs; meals and incidental expenses shall be reimbursed at the
applicable flat rate. The total of lodging, meals, and incidental expenses shall
not exceed the established rate for each location set forth in the "Federal
Travel Regulations (FTR);" the "Joint Travel Regulations," Volume 2 (JTR); and
the Standardized Regulation (Government Civilians Foreign Areas), Section 925,"
as applicable. These costs shall be directly chargeable to this contract in
accordance with the contractor's established method of distributing such costs.
First class travel shall not be reimbursed. Contractor shall be reimbursed for
coach rates only. Travel is non fee bearing. Invoices which request
reimbursement of travel expenses must be accompanied by airline ticket subs,
hotel/motel receipts, and rental car receipts.
SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENTS
C.1 Statement of Work entitled, "Multi Level Information System Security
Initiative, Crypto Card System Analysis and Library and Driver Architecture and
Development," dated 10 January 1997.
C.2 Contract Data Requirements List, DD Form 1423, dated 13 February 1997.
C.3 Award Fee Plan (Revision 2), dated 10 June 1997.
SECTION D - PACKAGING AND MARKING
D.l 352.247-9002 PACKAGING AND PACKING (OCT 1993)
Packaging and packing shall be in accordance with the contractor's best
commercial practice for domestic shipment to insure safe arrival at destination.
(End of clause)
D.2 352.247-9003 MARKING OF DOCUMENTS (SEP 1994)
(a) All Contractor-generated technical reports shall bear the statement
"Not Releasable to the Defense Technical Information Center per DoD Directive
3200.12."
(b) In addition to the above marking all unclassified technical reports
photographs, drawings, schematics, design circuits and description of equipment
designed and/or produced under the contract shill be marked with the legend
"DISTRIBUTION LIMITED TO U.S. GOVERNMENT AGENCIES ONLY, THIS DOCUMENT CONTAINS
NSA INFORMATION (Applicable Date). REQUEST FOR THIS DOCUMENT MUST BE REFERRED TO
THE DIRECTOR, NSA." Where SF Form 298 is required to accompany a document, the
legend shall be entered in Block 12a thereof.
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(c) The Contractor shall be responsible for inserting the appropriate
application date in the aforementioned legend. This date shall be the date upon
which the document was completed.
SECTION E - INSPECTION AND ACCEPTANCE
E.l REFERENCED CLAUSES - The following contract clauses pertinent to this
section are hereby incorporated by reference:
FAR CLAUSES
CLAUSE NO. TITLE
52.246-4 Inspection of Services - Fixed Price (AUG 1996)
52.246-16 Responsibility for Supplies (APR 1984)
E.2 352.246-9003 NOTICE: MATERIAL AND WORKMANSHIP (OCT 1993)
All material incorporated in the work shall be new and the work shall be
performed in a skillful and workmanlike efficient manner. Both materials and
workmanship shall be subject to the inspection of the Contracting Officer or his
duly authorized representative who may require the Contractor to correct
defective workmanship or materials without cost to the Government.
(End of clause)
E.3 INSPECTION AND ACCEPTANCE
a. Preliminary inspection of the work called for herein shall be conducted
at the contractor's facilities or the site of the sponsoring Agency by the
Contracting Officer or his duly designated Contracting Officer's
Representative(s). Such inspections may be conducted from time to time and at
any time upon prior notification by the Government that such an inspection is to
occur.
b. Final inspection and acceptance of the work and all deliverables will be
conducted at destination by the Contracting Officer or duly authorized Agency
personnel.
(End of clause)
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SECTION F - DELIVERIES OR PERFORMANCE
F.1 REFERENCED CLAUSES - The following contract clauses pertinent to this
section arc hereby incorporated by reference:
FAR CLAUSES
CLAUSE NO. TITLE
52.212-13 Stop Work Order (AUG 1989)
52.247-34 F.O.B. Destination (NOV 1991)
52.247-54 Diversion of Shipment Under F.O.B. Destination Contracts (MAR
1989)
F.2 352.247-9000 NOTICE: F.O.B. DESTINATION (OCT 1993)
Supplies shall be shipped F.O.B. destination with delivery service required to
the consignee's receiving dock.
(End of clause)
F.3 352.215-9011 PLACE OF PERFORMANCE (OCT 93)
Unless the written approval of the Contracting Officer is obtained in
advance, the work herein shall not be performed at any facility other than the
contractor's plants located at Costa Mesa, CA, and Ashburn, VA, or the site of
the sponsoring Agency.
(End of Clause)
F.4 352.247-9006 SHIPPING INSTRUCTIONS - XXXXXX ROAD (SEP 1996)
Supplies shall be shipped to the following:
Xxxxxx Road Warehouse
0000 Xxxxxx Xx, Xxxxx 1, 2 xx 0
Xxxxxxx, XX 00000
Attn: S71 Receiving Officer
REF: MDA904-97-C-0424
NOTE: Schedule shipments to arrive at destination from 7:00 AM to 2:30 PM
Monday through Friday, excluding Federal holidays. Call 000-000-0000 no less
than 24 hours in advance of delivery if any pallet will exceed 60" in height or
2,000 lbs in weight so that the receiving personnel will be prepared to accept
your shipment.
(End of clause)
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F.5 352.247-9009 SHIPPING INSTRUCTIONS - TECHNICAL DATA (MAR 1996)
Technical Data shall be shipped F.O.B. Destination to:
Director, National Security Agency
Chief, Central Security Service
Attn: (See Block 14 of DD 1423)
0000 Xxxxxx Xxxx
Xxxx Xxxxxx X. Xxxxx, XX 00000-0000
REF: MDA904-97-C-0424
NOTE: Schedule shipments to arrive at destination from 7:00 AM to 12:00 Noon
Monday through Friday, excluding Federal holidays. Shipments will not be
accepted on Saturday or Sunday.
F.6 352.211-9004 PERIOD OF PERFORMANCE (OCT 1990) - ALTERNATE III (OCT 1990)
This contract shall extend from the date of contract award to 30 September 1997,
unless performance is sooner terminated under the contract. However. the
Government reserves the right to exercise the option to renew the contract for
up to TWO (2) years, as set forth elsewhere in this contract.
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SECTION G - CONTRACT ADMINISTRATION DATA
G.1 ACCOUNTING AND APPROPRIATION DATA
ACR: Obligate
AA: 977/80400.4500 574E51 999-2520 S18119 03200106 1X 0000
X22 120B
PR: 00-00-0000-0000
Obligated for CLINs 0001, 0003 and 0004 $338.465.00
Obligated for Provisional Award Fee Payments $ 15,635.50
Obligated for Future Award Fee Payments $ 15,635.50
Total Amount Obligated $369,736.00
G.2 352.216-9007 NOTICE: AWARD FEE FUNDING (JUL 1993)
Funds in the amount of $ 15,635.50 have been obligated under this contract
towards future award fee determinations but are not available for the Contractor
to bill against or incur costs against. Obligated award fee funds identified
above will be released to the Contractor via subsequent modifications after the
Government has rendered an award fee determination in accordance with the Award
Fee Plan currently in force under this contract. Upon receipt of the
aforementioned modifications, the Contractor is authorized to bill for the
earned fee.
G.3 352.242-9002 CONTRACT ADMINISTRATION DATA (OCT 1993)
The Procuring Contracting Officer will retain all administration functions under
this contract.
(End of clause)
G.4 352.216-9003 INVOICING AND PAYMENT (OCT 1993)
Invoices shall be submitted to:
CONTRACTS - ACCOUNTS PAYABLE
FINANCE AND ACCOUNTING OFFICE
PO BOX 400 (MDA904-97-C-0424)
FT XXXXX MD 20755-6000
Through:
Xxxxxxx Xxxx, X22, FANX III
Contracting Officer's Representative
MDA904-97-C-0424
0000 Xxxxxx Xxxx
Xxxx Xxxxxx X. Xxxxx, XX 00000-0000
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Copy to:
MARYLAND PROCUREMENT OFFICE
ATTN: N141 (MDA904-97-C-0424)
0000 XXXXXX XX
XX XXXXX, XX 00000-0000
NOTE: Invoices are subject to verification by the Contracting Officer's
Representative(s) (CORs) that the actual expenses for the billing period have
been incurred.
G.5 INVOICING AND PAYMENT
Invoices shall be submitted monthly by the contractor and shall include at a
minimum:
a. Period of Performance covered by the invoice.
b. Number of Labor Hours, by category, expended on the contract and
covered by the invoice.
c. The contractor shall be paid by multiplying the hourly rate set forth
in Section B by the number of direct labor hours performed. Final payment shall
be subject to verification by the Government as to the actual amount of effort
applied by the contractor in the performance therein.
NOTE 1: Contractor requests for Travel reimbursement shall be accompanied by
airline, hotel and rental car receipts.
NOTE 2: Contractor requests for Other Direct Cost Reimbursements shall be
accompanied by vendor receipts/invoices.
G.6 352.242-9001 CONTRACTING OFFICER'S REPRESENTATIVE (OCT 1993)
(a) The Contracting Officer may appoint one or more Government employees as
Contracting Officer's Representatives (COR) for technical purposes applicable to
this contract. "Technical" is restricted to scientific, engineering, or field-
of-discipline matters directly applicable to the work performed by the
Contractor under the requirements of this contract.
(b) The appointment(s) will be in writing, signed by the Contracting
Officer, and will set forth the authority granted to and the limitations on the
COR. Two copies of the letter of appointment will be provided to the Contractor
who shall acknowledge receipt of the appointment by immediately signing and
returning one copy of the letter. Such signing shall represent the Contractor's
acknowledgement of the limited authority of the COR.
(c) When, in the opinion of the contractor, the COR or anyone else requests
effort outside of the existing scope of the contract, the contractor shall
promptly notify the Contracting Officer in writing. No action shall be taken by
the contractor under such direction until the Contracting Officer has issued a
contractual change or otherwise resolved the issue.
(d) Appointments may be changed or revoked by the Contracting Officer. The
Contracting Officer will notify the Contractor, in writing of any such changes
or revocations. (End of clause)
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G.7 352.229-9001 MD TAX EXEMPTION NUMBER (APR 1989)
Certain transactions which occur pursuant to this contract, for examples,
the purchase of materials or supplies, may be exempt from the imposition of
state or local taxes. It is the contractor's responsibility to determine whether
any transactions under the contract are exempt under the particular tax statute
and to take advantage of any applicable exemptions. In addition, it may be
useful for the contractor to inform the taxing authorities that the Maryland
Procurement Office (MPO) is a federal government agency. In Maryland, it may be
useful to inform Maryland taxing authorities that the MPO has been assigned
Maryland State Tax Exemption Certificate Number 3000500 4.
(End of clause)
G.8 352.232-9025 NOTICE OF PROMPT PAYMENT ACT APPLICABILITY (OCT 1993)
This contract is subject to the Prompt Payment Act, Public Law 97-177, as
amended.
(End of clause)
G.9 352.229-9000 NOTICE OF TAXATION (SEP 94)
The Contractor shall provide the Contracting Officer with written notice of
any proposed tax assessments, exemptions, exclusions or refunds which could
increase or decrease costs or liabilities to the contractor and/or the
Government. The notice shall be submitted in sufficient time to provide the
Government a meaningful opportunity to assert its immunity, participate in
negotiations or litigation with the taxing authority concerning the
applicability of the tax, and/or adjust the parties' liability for costs
according to the increase or decrease in tax.
(End of Clause)
G.10 352.229-9001 CONTRACTOR LIABILITY FOR STATE AND LOCAL TAXES (SEP 1994)
Generally, the contractor is liable for payment of state or local taxes on
this contract to the same extent that it would be liable for such taxes on a
contract with a non-governmental entity. Although it may be useful for the
contractor to inform the taxing authorities that the Maryland Procurement Office
(MPO) is a federal government agency, this fact alone does not in and of itself
create a tax exemption for the contractor. While some transactions undertaken by
the contractor pursuant to this contract may be exempt from a state or local
tax, it is the contractor's responsibility to identify such exemption under the
applicable statute, and to resolve the applicability of such with state or local
taxing authorities.
(End of Clause)
G.ll 352.232-9012 SMALL DISADVANTAGED BUSINESS CONCERN PAYMENTS (JUN 1994)
In accordance with DFARS 232.905(2), this award is made to a small
disadvantaged business concern and is subject to payment as quickly as possible
after receipt of a proper invoice by our Finance and Accounting Office.
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G.12 352.932-9020 ALLOCATION OF CONTACT COSTS (OCT 1993)
lt is anticipated that this contract will be supported by two or more fund
citations. Therefore, all invoices submitted for payment shall allocate costs
based on the Accounting Classification References (ACR) tasks defined in Section
B. An invoice not properly allocated shall be considered an improper invoice
under the Prompt Payment Act.
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.1 352.204-900l DISCLOSURE OF INFORMATION - CONTRACT (SEP 1996)
(a) DFARS 252.204-7000 and this clause shall govern any disclosure of
information regarding this contract. In using information authorized by this
clause, the contractor (i) shall not disclose any information concerning the
sponsorship of this contract, or (ii) the nature of the Government's interest in
and application of the subject matter of this contract unless this type of
information is expressly allowed to be disclosed by paragraph (b) and/or (c)
below, or by written approval of the cognizant Contracting Officer.
(b) The information listed below may be disclosed in proposals to United
States Government Agencies in response to requests for past performance
assessments: When this information is completed at time of contract award, the
document shall be marked "FOR OFFICIAL USE ONLY." If any of the information that
follows changes in your disclosure, the Contracting Officer must be notified in
writing of the change.
CONTRACT NUMBER: (complete at award) _____________________
CONTRACT TYPE: (complete at award) _______________________
AWARD DATE: (complete at award) _________________________
GOVERNMENT CONTRACTING ACTIVITY:
MARYLAND PROCUREMENT OFFICE
0000 XXXXXX XXXX
XXXX XXXXXX X. XXXXX, XX 00000-6000
ORIGINAL CONTRACT VALUE: (complete at award) ___________________
CURRENT OR COMPLETED CONTRACT VALUE: (contractor may update)
_______________________
PERIOD OF PERFORMANCE: from: (complete at award) _______________
to: (contractor may update) _______________________
COMPETITIVE/NONCOMPETITIVE/FOLLOW-ON (circle, underline or highlight appropriate
description)
PROGRAM TITLE: (complete at award) ______________________
CONTACT EFFORT DESCRIPTION: (unclassified - as provided in solicitation package
and completed as part of the award document)
PLACE OF PERFORMANCE: (complete at award) ______________________
POINTS OF CONTACT/PHONE NUMBER:
Contracting Officer: (complete at award) (contractor may update)
______________________ Program Manager: (complete at award) (contractor may
update) ________________________
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(c) For additional disclosures which require specific prior approval by the
Contracting Officer, once authorization to use any specific information has been
approved by the Contracting Officer, the contractor is authorized to reuse such
specific information without obtaining additional authorizations from the
Contracting Officer. The contractor shall maintain a log of the additional uses
and submit a copy of the log to the Contracting Officer when each additional
disclosure is made.
(End of clause)
H.2 352.904-90l0 NOTICE: CONTRACT ADMINISTRATION AND CLOSEOUT GUIDANCE (AUG
1996)
The following guidance is provided for your use in administering and
closing out the contract. When the contract is complete, the contractor shall
initiate final accounting and disposition. This shall be done in accordance with
the following instructions. If a portion of the instructions are not applicable
to this contract, then disregard that portion.
(a) Government Furnished Property/Documents.
(1) The cognizant property administration office (Defense Contract
Management Command (DCMC), Office of Naval Research (ONR), and/or L14) is
designated to administer the maintenance by the contractor of official
Government Property Records for all Government property/documents. See Section G
- Contract Administration Data for the cognizant office for this contract.
(2) The contractor shall sign (1) copy of the shipping or inspection
document acknowledging receipt of property/documents and forward same to the
designated property administrator.
(3) At the end of the contract, the contractor shall submit the Government
Furnished Property/Documents Inventory Schedule, requesting disposition, to the
cognizant office. The cognizant property administration office shall then obtain
the disposition instructions from the contracting Officer's Representative
(COR), and they will forward them to the contractor. The contractor shall
provide the cognizant office with a declaration that all Government furnished
property/documents have been accounted for or expended (disposition is complete)
in the performance of the contract. The cognizant property administration office
will provide the Maryland Procurement Office (MPO) and the COR with the
appropriate releases.
(b) Contractor Acquired Property. At the end of the contract, the
contractor shall submit the Contractor Acquired Property list, requesting
disposition, to the cognizant property administration office. This office will
then obtain the disposition instructions from the COR, and then will forward
them to the contractor. The contractor shall provide the cognizant office with a
declaration that Contractor Acquired Property has been dispositioned as
requested. The cognizant property ad ministration office will provide the MPO
and the COR with the appropriate releases.
(c) Plant Clearance. The cognizant property administration office is
automatically delegated plant clearance procedures.
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(d) Classified Material/Documents (DD254 on the contract). The
disposition/retention action of classified holding should be initiated pursuant
to paragraphs 5.1 and 5.m of the Industrial Security Manual. The inventory,
shall be submitted to the Director, NSA/CSS. ATTN: _____ (the applicable COR
with office designator), 0000 Xxxxxx Xxxx, Xx. Xxxxxx X. Xxxxx. Maryland 20755-
6000. After compliance with the COR's disposition instructions, the contractor
shall submit evidence of compliance, certified by the CSSO, to the MPO (ATTN:
N1_______ (Contracting Officer's name), Maryland Procurement Office, 0000 Xxxxxx
Xxxx, Xxxx Xxxxxx X. Xxxxx, XX 00000-6000), with a courtesy copy to S41 and the
COR.
(e) Report of Inventions and Subcontracts (Form DD882). Pursuant to the
Patent Rights Clause of this contract, the contractor shall submit the DD Form
882 to the Director, NSA/CSS, ATTN: ______ (the applicable COR with office
designator), 0000 Xxxxxx Xxxx, Xx. Xxxxxx X. Xxxxx, Maryland 20755-6000, with a
courtesy copy to the MPO (ATTN: N141 (Contracting Officer's name), Maryland
Procurement Office, 0000 Xxxxxx Xxxx, Xxxx Xxxxxx X. Xxxxx, XX 00000-0000).
(f) Final Payment.
(1) For contracts requiring final DCAA audit, the contractor shall submit
the final voucher with release and assignment documentation to the cognizant
Defense Contract Audit Agency (DCAA) office for processing in accordance with
FAR 4.804 (within 180 days).
(2) For all contracts not requiring final DCAA audit, the contractor shall
submit the final invoice, DD250, to the COR for processing.
(g) Contract Data Requirements List (CDRL) - DD Form 1423. If not
previously provided to the COR, the contractor shall provide the COR with status
of the documentation for final resolution. This shall be submitted to the
Director, NSA/CSS, ATTN :_____ (the applicable COR with the office designator),
0000 Xxxxxx Xxxx, Xx. Xxxxxx X. Xxxxx, Maryland 20755-600, with a courtesy copy
to the MPO (ATTN: Nl___(Contracting Officer's name), Maryland Procurement
Office, 0000 Xxxxxx Xxxx, Xxxx Xxxxxx X. Xxxxx, XX 00000-6000).
(h) Quick Closeout.
(1) The contractor shall review the contract for applicability of the Quick
Close Out Procedures, in accordance with the FAR 42.708, and determine if this
method applies. If applicable, the contractor may request, in writing, Quick
Close Out authorization from the CO.
(2) The MPO will authorize Quick Closeout Procedures, if applicable. The
Contractor shall then submit a copy of the letter, the final voucher, etc.,
directly to the cognizant DCAA office (see Section G).
(End of notice)
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H.3 352.215-9000 NOTICE: INCORPORATION OF SECTION K BY REFERENCE (OCT 1993)
In accordance with FAR 15.406-1(b), Part IV of the Uniform Contract Format
shall not be physically included in the contract, but Section K,
Representations, Certifications, and Other Statements of Offerors (as completed
by the Contractor) shall be deemed incorporated by reference in the contract.
(End of clause)
H.4 352.244-9001 NOTICE: SUBCONTRACTING WITH CANADIAN CONTRACTORS (OCT 1993)
Provided the sponsoring Government Activity is not disclosed, the Offeror
is not prohibited from subcontracting with Canadian Contractors, unless the work
to be performed under any resulting contract is classified in nature.
Federal Acquisition Regulation (FAR), Part 44, Subcontracting Policies and
Procedures, particularly Subpart 44.2 - Consent to Subcontract, applies.
In addition to those clauses which the prime contractor is normally
required to insert in subcontracts, the following must be included, as required.
FAR 52.225-11 Restrictions on Certain Foreign Purchases (APR 91)
DFARS 252.225-7026 Reporting of Overseas Subcontracts (DEC 1991)
(End of Notice)
H.5 352.290-9006 UTILIZATION OF PROJECT PERSONNEL (OCT 1993)
Any technical personnel who, during the performance of the contract, are
assigned by the Con tractor to replace the technical personnel identified by
the Contractor in his technical proposal (or during negotiations) for work on
the Project shall possess at least the same technical qualifications and be
capable of assuring satisfactory performance of the work required by this
contract.
H.6 352.227-9001 SOFTWARE CERTIFICATION (OCT 1993)
The Contractor certifies that, to the best of its knowledge and belief,
software provided under this contract does not contain any malicious code,
program, or other internal component (e.g., computer virus) which could damage,
destroy, or alter software, firmware, or hardware or which could reveal any data
or other information accessed through or processed by the software. Further, the
Contractor shall immediately inform the Contracting Officer upon reasonable
suspicion that any software provided hereunder may cause the harm described
above.
(End of clause)
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H.7 352.243-9000 NOTICE: UNAUTHORIZED CHANGE ORDERS (APR 1989)
The Contracting Officer (CO) may appoint a Contracting Officer's
Representative, Inspector, or other technical representative. No order,
statement or conduct of any such person shall constitute a change under the
"Changes" clause of this contract or entitle the Contractor to an equitable
adjustment of the contract price or delivery schedule under that or any other
clause. No appointee of the CO is acting within the limits of his/her authority
when he/she attempts to change the contract. The contract shall not be changed
except by issuance of a written change order signed by the CO. No representative
of the CO shall be authorized to issue a written change order under the
"Changes" clause of this contract.
H.8 IMPORTANT NOTICE
(a) The Contractor shall not accept any instruction issued by any person
other than the Contracting Officer or the Contracting Officer's
Representative(s) (CORs) acting within the limits of their authority. CORs will
be designated in writing to the Contractor, and the scope of their authority
will be set forth therein.
(b) No information, other than that which may be contained in an authorized
amendment to the contract duly issued by the Contracting Officer will be
considered as grounds for deviation from any stipulation of the contract, the
specifications, or reference drawings.
H.9 SUBCONTRACTS
The contractor shall not enter into a subcontract involving the type of
work specified herein without obtaining, in advance, the written approval of the
Contacting Officer and subject to the conditions that he may prescribe.
H.10 352.204-9009 ACQUISITION OF COMSEC EQUIPMENT, COMPONENTS, AND PARTS OUTSIDE
THE UNITED STATES (OCT 1993)
(a) Definitions
(1) "COMSEC equipment", as used in this clause, means equipment
designed to provide security to telecommunications by converting information to
a form unintelligible to an unauthorized interceptor and by reconverting such
information to its original form for authorized recipients, as well as equipment
designed specifically to aid in, or as an essential element of, the conversion
process. COMSEC equipment is crypto-equipment, crypto-ancillary equipment,
crypto-production equipment, and authentication equipment.
(2) "Component", as used in this clause, means any assembly or
subassembly incorporated directly into an end product. An assembly is a group of
parts, elements, subassemblies and circuits assembled as a separately removable
item of COMSEC equipment. A subassembly is a major subdivision of an assembly.
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(3) "Part", as used in this clause, means any single. unassembled
element of a major or minor subassembly, accessory, or attachment which is not
normally subject to disassembly without the destruction or the impairment of the
design use.
(4) "Contractor", as used in this clause, means the supplier of the
end item and associated support items to the Government under the terms of a
specific contract.
(5) "Subcontractor", as used in this clause, means a person or
business that contracts to provide some service or material necessary for the
performance of another's contract.
(6) "Vendor", as used in this clause, means a person or agency that
sells supplies or mat erials to a Contractor or subcontractor.
(7) "United States", as used in this clause, means all areas under the
territorial sovereignty of the United States (U.S.) and the Trust Territory of
the Pacific Islands.
(b) No subcontracts or purchase orders which involve design, manufacture,
production, assembly, inspection, or test in a location not in the U.S., of
COMSEC equipment, components, or parts, which are not covered by a specification
or standard listed in MIL-P-11268, MIL-E-16400, or MIL-E-5400 shall be made
under this contract without the prior written approval of the Contracting
Officer. The Contractor further agrees to include this clause in any or all
subcontracts or purchase orders he may let pursuant to this contract for COMSEC
equipment, components, or parts, except those subcontracts/purchase orders for
which waiver is required (i.e., non-US sources). Under no circumstances will any
custom large scale integrated circuit or likeness thereof be sent outside the
U.S. for any reason.
(c) Requests for permission to deviate from the requirements of paragraph
(b) will be handled on a case-by-case-basis through the Contracting Officer.
Each waiver request must provide a strong and compelling reason why the waiver
should be granted in addition to the benefit the Government would gain by the
granting of a waiver. Furthermore, prior to the approval of any waiver, the
Contractor shall demonstrate to the Government through submission of an
acceptable Anonymity Plan (data item Dl-NDTl-80566), that procedures are in
place to ensure that the offshore vendor remains unaware of the relationship
between the prime contractor and the Department of Defense and/or Maryland
Procurement Office (MPO). As a minimum, the following conditions will be imposed
if a waiver is granted:
(1) Purchase orders and drawings provided to a subcontractor or vendor
outside the United States shall not carry any identification that reveals a
contractor relationship with the Department of Defense and the MPO. This
restriction includes the Contractor's prime contract number with the Government
and 98230/0NXXXXXX parts identification numbers.
(2) The prime contractor, when required to mark items with the
manufacturer's code 98230 or drawing numbers 0NXXXXXX, shall only mark these
items at a facility located within the U.S. Marking parts with 0N markings and
the 98230 code specifics that the parts are for MPO use only. lf parts marked
with the MPO identification code (including rejects and parts not usable for MPO
programs) are allocated for non-MPO programs or for resale to other customers,
then markings as-
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sociated with the MPO identification code must be removed from the parts before
the parts are sent to non-MPO programs or other customers.
(3) The Government has the right to an equitable adjustment to the contract
price as consideration for granting approval to acquire COMSEC equipment,
components and parts from sources outside the United States (unless the waiver *
as granted prior to contract award).
H.l l 352.204-9008 CONTROL OF COMMUNICATIONS SECURITY (COMSEC) MATERIAL (OCT
1993)
The accountable COMSEC material produced under the contract, or provided as
Government Furnished Property. will be distributed through COMSEC distribution
channels. The Contractor shall establish a COMSEC account, nominate a custodian
and alternate custodian, and control the material in accordance with procedures
specified in the "COMSEC Supplement to the Industrial Security Manual for
Safeguarding Information" dated April 1975. Existing COMSEC accounts established
as a result of previous or other contracts may be used.
H.12 352.227-9004 YEAR 2000 COMPLIANCE - NON-COMMERCIAL ITEMS (JAN 1997)
Definition: INFORMATION TECHNOLOGY means any equipment or interconnected system
or subsystem of equipment, that is used in the automatic acquisition, storage,
manipulation, management, movement, control, display, switching, interchange,
transmission, or reception of data or information. This is for equipment used by
the government directly or is used by a contractor under a contract with the
Agency which (1) requires the use of such equipment, or (2) requires the use, to
a significant extent, of such equipment in the performance of a service of the
furnishing of a product. Information technology includes computers, ancillary
equipment, software, firmware and similar procedures, services (including
support services), and related resources. lt does NOT include any equipment that
is acquired by a Federal Contractor incidental to a Federal contract.
The contractor warrants that each non-commercial item of information
technology delivered or developed under this contract and listed below shall be
able to accurately process date data (including but not limited to:
calculating, comparing, and sequencing) from, into and between the twentieth and
twenty-first centuries, including Leap year calculations, when used in
accordance with the item documentation provided by the contractor, provided that
all listed or unlisted items (e.g., hardware, software, firmware) used in
combination with such listed item properly exchange date data with it. The words
"listed below" refer to products that the offeror has identified as being Year
2000 compliant in response to the procuring agency's specifications. If the
contract requires that specific listed items must perform as a system in
accordance with the foregoing warranty, then that warranty shall apply to those
listed items as a system. he duration of this warranty and the remedies
available to the Government for breach of this warranty shall be as defined in,
and subject to, the terms and limitations of any general warranty provisions of
this contract. Nothing in this warranty shall be construed to limit any rights
or remedies the Government may otherwise have under this contract with respect
to defects other than Year 2000 performance.
* greater than
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H.13 352.217-9001 OPTION TO EXTEND THE TERM OF THE CONTRACT (OCT 1993)
(a) The Government may unilaterally extend the term of this contract by written
notice to the Contractor within 60 days following the President's signing of the
annual Appropriations Act or October 1, whichever is later, for each respective
option, provided that the Contracting Officer has given preliminary notice. in
writing, to the Contractor, of the Government's intent to renew, at least 60
days prior to the expiration date of the current period of performance. Such
preliminary notice will not be deemed to commit the Government to renewals. If
the Government exercises this right to renew, the contract, as renewed shall be
deemed to include this option clause. The total duration of this contract,
including the exercise of any option to renew under this clause, shall not
exceed 36 months.
(b) The composition of the total man-hours of direct labor and other direct
costs for each option is as follows:
OPTION YEAR 1 - FISCAL YEAR 1998 (I October 1997 - 30 September 1998)
CLIN SUPPLIES/SERVICES UNIT QTY UNIT PRICE
TOTAL
0001 The contractor shall furnish the HRS 11,400 XXX
$1,071,465.00
necessary materials, facilities, equipment,
supplies and services of skilled professional,
technical and support personnel to fulfill the
requirements set forth in the Statement of Work
entitled, "Multi Level Information System Security
Initiative Crypto Card System Analysis and
Library and Driver Architecture and Development,"
dated 10 January 1997 and the documents referenced
in Section C. The contractor's management shall
provide for the effective timely and integrated
implementation of contract requirements.
0001AA Program Manager X XX $118.06 XXXX
0001AB Sr. Electrical Eng. X XX $ 75.41 XXXX
0001AC Electronic Technician X XX $ 69.32 XXXX
0001AD Systems Analyst X XX $ 75.38 XXXX
0001AE Sr. Software Engineer X XX $ 98.38 XXXX
0001AF Software Engineer X XX $ 62.60 XXXX
Total Amount CLIN 0001 Not-To-Exceed $1,071,465.00
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0002 Award Fee Pool, to be determined in accordance For the Period $l07,147.00
with the Award Fee Plan for Multi-Level Information
System Security Initiative Crypt Card System
Analysis and Library and Driver Architecture and
Development, dated 10 June 1997 (Rev. 2). There
shall be one evaluation of performance at the end of the
period of performance (Date of contract award through
30 September 1997.) If the Government exercises the
options to extend the term of the contract, there shall be an
in equal amounts of $4,464.46.
0003 TRAVEL For The Job Not-To-Exceed $ 50,000.00
(Includes Applicable Burdens)
0004 OTHER DIRECT COSTS For The Job Not-To-Exceed $ 12,500.00
(Includes Applicable Burdens)
0005 Data in accordance with the Contract For the Lot Not-Separately Priced
Data Item Requirements List (CDRL)
Dated 13 February 1997.
OPTION YEAR 2 - FISCAL YEAR 1999 (1 October 1998 - 30 September 1999)
UNIT
CLIN SUPPLIES/SERVICES UNIT QTY PRICE TOTAL
0001 The contractor shall furnish the necessary HRS 6838 XXX $645,526.00
materials, facilities, equipment, supplies
and services of skilled professional, technical
and support personnel to fulfill the requirements
set forth in the Statement of Work entitled, "Multi
Level Information System Security Initiative Crypto
Card System Analysis and Library and Driver
Architecture and Development," dated 10 January
1997 and the documents referenced in Section C. The
contractor's management shall provide for the effective
timely and integrated implementation of contract
requirements.
0001AA Program Manager X XX $118.06 XXXX
0001AB Sr. Electrical Eng. X XX $ 75.41 XXXX
0001AC Electronic Technician X XX $ 69.32 XXXX
0001AD Systems Analyst X XX $ 75.38 XXXX
0001AE Sr. Software Engineer X XX $ 98.38 XXXX
0001AF Software Engineer X XX $ 62.60 XXXX
Total Amount CLIN 0001 Not-To-Exceed $645,526.00
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0002 Award Fee Pool, to be determined in For the Period $64,553.00
accordance with the Award Fee Plan for
Multi-Level Information System Security
Initiative Crypt Card System Analysis and
Library and Driver Architecture and
Development, dated 10 June 1997 (Rev. 2).
There shall be one evaluation of performance
at the end of the period of performance (Date of
contract award through 30 September 1997.) If the
Government exercises the options to extend the term
of the contract, there shall be an evaluation of
in equal amounts of $2,689.71.
0003 TRAVEL For The Job Not-To-Exceed $32,000.00
(Includes Applicable Burdens)
0004 OTHER DIRECT COSTS For The Job Not-To-Exceed $ 6,400.00
(Includes Applicable Burdens)
0005 Data in accordance with the Contact For The Lot Not-Separately Priced
Data Item Requirements List (CDRL)
Dated 13 February 1997.
NOTE 1: OTHER DIRECT COSTS (ODCs) shall be reimbursed at actual costs plus
applicable burdens. ODCs are non fee bearing.
NOTE 2: TRAVEL shall be reimbursed at cost. Lodging shall be reimbursed at
actual costs; meals and incidental expenses shall be reimbursed at the
applicable flat rate. The total of lodging, meals, and incidental expenses shall
not exceed the established rate for each location set forth in the "Federal
Travel Regulations (FTR);" the "Joint Travel Regulations," Volume 2 (JTR); and
the Standardized Regulation (Government Civilians Foreign Areas), Section 925,"
as applicable. These costs shall be directly chargeable to this contract in
accordance with the contractor's established method of distributing such costs.
First class travel shall not be reimbursed. Contractor shall be reimbursed for
coach rates only. Travel is non fee bearing. Invoices which request
reimbursement of travel expenses must be accompanied by airline ticket subs,
hotel/motel receipts, and rental car receipts.
H.14 Contractor Participation in Contractor Performance Evaluation
Assessments
This contract will be subject to periodic Contractor Performance Evaluation
Assessments. In accordance with FAR 42.1502, the Maryland Procurement Office
maintains a database on Contractor past performance applicable to all contracts
over $500,000. Information on the performance of this contract will be
maintained in the database and updated on a yearly basis (if contract period of
performance exceeds one year) and at the completion of the contract. The
Contractor's participation in this process, in terms of review of the Contractor
Performance Evaluation Assessment form, shall not cause an increase in the
estimated cost/price of this contract. Any costs which are anticipated to be
expended towards participation in this review process should be (have been)
proposed in the initial price of this contract.
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H.15 DELINQUENT AWARD FEE MODIFICATION PENALTY
The Contracting Officer shall issue a contract modification identifying the
results of the fee determination official's findings for each performance
evaluation period in accordance with a schedule set forth in the current Award
Fee Plan as cited in the contract. If a contract modification is not issued in
compliance with the timeframe specified in the Award Fee Plan, the contractor
shall be entitled to interest on the determined award fee amount for that
specific period at the rate established by the secretary of the Treasury under
Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in
effect on the modification issuance date. This rate is referred to as the
"Treasury Rate", and is published in the FEDERAL REGISTER semiannually or about
January 1 and July 1. The interest on any late award fee determination amount
will be calculated using the following formula from the first day after the
expiration of the timeframe specified in the current Award Fee Plan through the
actual date of the contract modification identifying what award fee has been
earned for that specific period. In the event that provisional billing has been
authorized under the contract, the Government shall only be liable for interest
on the balance between the final Award Fee determination for the specified
period and what has been authorized under the Provisional Billing clause.
Notwithstanding the above, the Government shall not be liable for any interest
penalty that is in excess of the sum total of the Award Fee available in the
current evaluation period and the unearned Award Fee from the prior evaluation
period at the time of the contract modification.
However, in the event that the Government has exercised an option or renewed
the contract into a subsequent fiscal year, where annual appropriations (O&M
funds) were utilized to fund the action, the Government's liability for any
interest penalty in the first evaluation period of that year shall be restricted
to the amount of the Award Fee available in the first evaluation period ONLY.
Subsequent Award Fee modifications for evaluation periods during that fiscal
year shall be subject to aforementioned terms where the Government's liability
for interest will be restricted to the sum total of the amount of Award Fee
available in the current evaluation period and the unearned Award Fee from the
prior evaluation period.
Current Treasury Rate % x No. of days Govt. is delinquent x (Amount of Award Fee
earned # of Annual Calendar Days (Beyond 60 Calendar Days) in the period -
Amount of Provisional Award Fee authorized for the period)
IF:
Available Award Fee in the Period $250,000
Amount authorized for Provisional Billing 50.00% $125,000
Amount Earned in the Period 90.00% $225,000
Award Fee Plan Modification Time Frame 60
Government Days Late (beyond 60 days) 60
Current Treasury Rate 5.50%
CALCULATION:
[(5.5% / 360) X 60] X (225,000 - 125,000) = 916.67
(End of Clause)
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SECTION I - CONTRACT CLAUSES
l.l REFERENCED CLAUSES. The following contract clauses pertinent to this
section are hereby incorporated by reference:
CLAUSE NO. TITLE
FAR CLAUSES
52.202-1 Definitions (SEP 1991)
52.203-5 Covenant Against Contingent Fees (APR 1984)
52.203-6 Restriction on Subcontractor Sales to the Government (JUL 1985)
52.203-7 Anti-Kickback Procedures (OCT 1988)
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 (SEP 1990)
52.204-4 Contractor Establishment Code (MAY 1995)
52.209-6 Protecting the Government's Interest When Subcontracting With
Contractors Debarred, Suspended, or Proposed for Debarment (NOV
1992)
52.211-5 New Material (MAY 1995)
52 211-15 Defense Priority and Allocation Requirements (SEP 1990)
52 215-33 Order of Precedence (JAN 1986) 52.219-8 Utilization of Small
Business Concerns and Small Disadvantaged Business Concerns (OCT
1995)
52.222-4 Contract Work Hours and Safety Standards Act - Overtime Compensation
(JUL 1995)
52.225-11 Restrictions on Certain Foreign Purchases (OCT 1996)
52.232-1 Payments (APR 1984)
52.232-11 Extras (APR 1984)
52.232-17 Interest (JUN 1996)
52.232-23 Assignment of Claims (JAN 1986)
52.233-3 Protest After Award (AUG 1996)
52.242-13 Bankruptcy (JUL 1995)
52.249-8 Default (Fixed Price Supply and Service) (APR 1984)
52.253-1 Computer Generated Forms (JAN 1991)
DFARS CLAUSES
252.203-7001 Special Prohibition on Employment (NOV 1995)
252.204-7003 Control of Government Personnel Work Product (APR 1992)
252.209-7000 Acquisition From Subcontractors Subject to On-Site
Inspection Under the Intermediate-Range Nuclear Forces (INF)
Treaty (NOV 1995)
252.223-7004 Drug-Free Work Force (SEP 1988)
252.225-7012 Preference for Certain Domestic Commodities (NOV 1995)
252.225-7016 Restriction on Acquisition of Ball and Roller Bearings (SEP
1996)
252.225-7031 Secondary Arab Boycott of Israel (JUN 1992)
252.231-7000 Supplemental Cost Principles (DEC 1991)
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252.232-7006 Reduction or Suspension of Contract Payments Upon Finding of
Fraud (AUG 1992)
252.243-7001 Pricing of Contract Modifications (DEC 1991)
252.247-7023 Transportation of Supplies by Sea (NOV 1995
1.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)
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.
(End of clause)
1.3 52.232-33 MANDATORY INFORMATION FOR ELECTRONIC FUNDS TRANSFER PAYMENT (AUG
1996)
(a) Method of payment. Payments by the Government under this contract,
including invoice and contract financing payments, may be made by check or
electronic funds transfer (EFT) at the option of the Government. If payment is
made by EFT, the Government may, at its option, also forward the associated
payment information by electronic transfer. As used in this clause, the term
"EFT" refers to the funds transfer and may also include the information
transfer.
(b) Mandatory submission of Contractor's EFT information.
(1) The Contractor is required, as a condition to any payment under
this contract, to provide the Government with the information required to make
payment by EFT as described in paragraph (d) of this clause, unless the payment
office determines that submission of the information is not required. However,
until January 1, 1999, in the event the Contractor certifies in writing to the
payment office that the Contractor does not have an account with a financial
institution or an authorized payment agent, payment shall be made by other than
EFT. For any payments to be made after January 1, 1999, the Contractor shall
provide EFT information as described in paragraph (d) of this clause.
(2) If the Contractor provides EFT information applicable to multiple
contracts, the Contractor shall specifically state the applicability of this EFT
information in terms acceptable to the payment office.
(c) Contractor's EFT information. Prior to submission of the first request
for payment (whether for invoice or contract financing payment) under this
contract, the Contractor shall provide the information required to make contract
payment by EFT, as described in paragraph (d) of this clause, directly to the
Government payment office named in this contract. If more than one payment
office is named for the contract, the Contractor shall provide a separate notice
to each office. ln the event that the EFT information changes, the Contractor
shall be responsible for providing the changed information to the designated
payment office(s).
(d) Required EFT information. The Government may make payment by EFT
through either an Automated Clearing House (ACH) subject to the banking laws of
the United States or the Federal Reserve Wire Transfer System at the
Government's option. The Contractor shall provide
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the following information for both methods in a form acceptable to the
designated payment office. The Contractor may supply this data for this or
multiple contracts (sec paragraph (b) of this clause).
(1) The contract number to which this notice applies.
(2) The Contractor's name and remittance address, as stated in the
contract, and account number at the Contractor's financial agent.
(3) The signature (manual or electronic, as appropriate), title, and
telephone number of the Contractor official authorized to provide this
information.
(4) For ACH payments only:
(i) Name, address, and 9-digit Routing Transit Number of
the Contractor's financial agent.
(ii) Contractor's account number and the type of account
(checking, saving, or lockbox).
(5) For Federal Reserve Wire Transfer System payments only:
(i) Name, address, telegraphic abbreviation, and the 9-
digit Routing Transit Number for the Contractor's financial agent.
(ii) If the Contractor's financial agent is not directly
on-line to the Federal Reserve Wire Transfer System and, therefore, not the
receiver of the wire transfer payment, the Contractor shall also provide the
name, address, and 9-digit Routing Transit Number of the correspondent financial
institution receiving the wire transfer payment.
(e) Suspension of payment.
(1) Notwithstanding the provisions of any other clause of this
contract, the Government is not required to make any payment under this contract
until after receipt, by the designated payment office, of the correct EFT
payment information from the Contractor or a certificate submitted in accordance
with paragraph (b) of this clause. Until receipt of the correct EFT information,
any invoice or contract financing request shall be deemed not to be a valid
invoice or contact financing request as defined in the Prompt Payment clause of
this contract.
(2) If the EFT information changes after submission of correct EFT
information, the Government shall begin using the changed EFT information no
later than the 30th day after its receipt to the extent payment is made by EFT.
However, the Contractor may request that no further payments be made until the
changed EFT information is implemented by the payment office. If such suspension
would result in a late payment under the Prompt Payment clause of this contract,
the Contractor's request for suspension shall extend the due date for payment by
the number of days of the suspension.
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(f) Contractor EFT arrangements. The Contractor shall designate a single
financial agent capable of receiving and processing the electronic funds
transfer using the EFT methods described in paragraph (d) of this clause. The
Contractor shall pay all fees and charges for receipt and processing of
transfers.
(g) Liability for uncompleted or erroneous transfers.
(1) If an uncompleted or erroneous transfer occurs because the
Government failed to use the Contractor-provided EFT information in the correct
manner, the Government remains responsible for (i) making a correct payment,
(ii) paying any prompt payment penalty due, and (iii) recovering any erroneously
directed funds.
(2) If an uncompleted or erroneous transfer occurs because
Contractor-provided EFT information was incorrect at the time of Government
release of the EFT payment transaction instruction to the Federal Reserve
System, and-
(i) If the funds are no longer under the control of the
payment office, the Government is deemed to have made payment and the Contractor
is responsible for recovery of any erroneously directed funds; or
(ii) If the funds remain under the control of the payment
office, the Government retains the right to either make payment by mail or
suspend the payment in accordance with paragraph (e) of this clause.
(h) EFT and prompt payment.
(1) A payment shall be deemed to have been made in a timely manner in
accordance with the Prompt Payment clause of this contract if, in the EFT
payment transaction instruction given to the Federal Reserve System, the date
specified for settlement of the payment is on or before the prompt payment due
date, provided the specified payment date is a valid date under the rules of the
Federal Reserve System.
(2) When payment cannot be made by EFT because of incorrect EFT
information provided by the Contractor, no interest penalty is due after the
date of the uncompleted or erroneous payment transaction, provided that notice
of the defective EFT information is issued to the Contractor within 7 days after
the Government is notified of the defective EFT information.
(i) EFT and assignment of claims. If the Contractor assigns
the proceeds of this contract as provided for in the Assignment of Claims clause
of this contract, the assignee shall provide the assignee EFT information
required by paragraph (d) of this clause. In all respects, the requirements of
this clause shall apply to the assignee as if it were the Contractor. EFT
information which shows the ultimate recipient of the transfer to be other than
the Contractor, in the absence of a proper assignment of claims acceptable to
the Government, is incorrect EFT information within the meaning of paragraph (e)
of this clause.
(j) Payment office discretion. If the Contractor does not wish to receive
payment by EFT methods for one or more payments, the Contractor may submit a
request to the designated
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payment office to refrain from requiring EFT information or using the EFT
payment method. The decision to grant the request is solely that of the
Government.
(k) Change of EFT information by financial agent. The Contractor agrees
that the Contractor's financial agent may notify the Government of a change to
the routing transit number, Contractor account number, or account type. The
Government shall use the changed data in accordance with paragraph (e)(2) of
this clause. The Contractor agrees that the information provided by the agent is
deemed to be correct information as if it were provided by the Contractor. The
Contractor agrees that the agent's notice of changed EFT data is deemed to be a
request by the Contractor in accordance with paragraph (e)(2) that no further
payments be made until the changed EFT information is implemented by the payment
office.
(End of clause)
1.4 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (DEC 1991)
(a) Definitions.
As used in this clause --
(1) "Components" means articles materials, and supplies incorporated
directly into end products at any level of manufactures fabrication, or assembly
by the Contractor or any subcontractor.
(2) "Department of Defense" (DoD) means the Army, Navy, Air Force,
Marine Corps, and defense agencies.
(3) "Foreign flag vessel" means any vessel that is not a U.S. - flag
vessel.
(4) "Ocean transportation" means any transportation aboard a ship,
vessel, boat, barge, or ferry through international waters.
(5) "Subcontractor" means a supplier, materialman, distributor, or
vendor at any level below the prime contractor whose contractual obligation to
perform results from, or is conditioned upon, award of the prime contract and
who is performing any part of the work or other requirement of the prime
contract.
(6) "Supplies" means all property, except land and interests in land,
that is clearly identifiable for eventual use by or owned by the DoD at the time
of transportation by sea.
(i) An item is clearly identifiable for eventual use by the
DoD if, for example, the contract documentation contains a reference to a DoD
contract number or a military destination.
(ii) "Supplies" includes (but is not limited to) public
works; buildings and facilities; ships; floating equipment and vessels of every
character, type, and description, with parts, subassemblies, accessories, and
equipment; machine tools; material; equipment; stores of all kinds; end items;
construction materials; and components of the foregoing.
(7) "U.S.-flag vessel" means a vessel of the United States or
belonging to the United States, including any vessel registered or having
national status under the laws of the United States.
(b) The Contractor shall employ U.S.-flag vessels in the transportation by
sea of any supplies to be furnished in the performance of this contract. The
Contractor and its
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subcontractors may request that the Contracting Officer authorize shipment in
foreign-flag vessels, or designate available U.S.-flag vessels, if the
Contractor or a subcontractor believes that --
(1) U.S.-flag vessels are not available for timely shipment;
(2) The freight charges are inordinately excessive or unreasonable; or
(3) Freight charges are higher than charges to private persons for
transportation of like goods.
(c) The Contractor must submit any request for use of other than U.S.-flag
vessels in writing to the Contracting Officer at least 45 days prior to the
sailing date necessary to meet its delivery schedules. The Contracting Officer's
failure to grant approvals to meet the shipper's sailing date will not of itself
constitute a compensable delay under this or any other clause of this contract.
Requests shall contain at a minimum --
(1) Type, weight, and cube of cargo;
(2) Required shipping date;
(3) Special handling and discharge requirements;
(4) Loading and discharge points;
(5) Name of shipper and consignee;
(6) Prime contract number; and
(7) A documented description of efforts made to secure U.S.-flag vessels,
including points of contact (with names and telephone numbers) with at least two
U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and
facsimile message or letters will be sufficient for this purpose.
(d) The Contractor shall, within 30 days after each shipment covered by
this clause, provide the Contracting Officer and the Division of National Cargo,
Office of Market Development, Maritime Administration, U.S. Department of
Transportation, Washington, DC 20590, one copy of the rated on board vessel
operating carrier's ocean bill of lading, which shall contain the following
information --
(1) Prime contract number;
(2) Name of vessel;
(3) Vessel flag of registry;
(4) Date of loading;
(5) Port of loading;
(6) Port of final discharge;
(7) Description of commodity;
(8) Gross weight in pounds and cubic feet if available;
(9) Total ocean freight in U.S. dollars; and
(10) Name of the steamship company.
(c) The Contractor agrees to provide with its final invoice under this
contract a representation that to the best of its knowledge and belief --
(1) No ocean transportation was used in the performance of this contract;
MDA904-97-C-0424
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(2) Ocean transportation was used and only U.S.-flag vessels were used for
all ocean shipments under the contract;
(3) Ocean transportation was used and the Contractor has the written
consent of the Contacting Officer for all non-U.S.-flag ocean transportation; or
(4) Ocean transportation was used, and some or all of the shipments were
made on non-U.S.-flag vessels without the written consent of the Contracting
Officer. The Contractor shall describe these shipments in the following format:
ITEM CONTRACT
DESCRIPTION LINE ITEMS QUANTITY
TOTAL
(f) If the final invoice does not include the required representation. the
Government will reject and return it to the Contractor as an improper invoice
for the purposes of the Prompt Payment clause of this contract. In the event
there has been unauthorized use of non-U.S.-flag vessels in the performance of
this contract, the Contracting Officer is entitled to equitably adjust the
contract, based on the unauthorized use.
(g) The Contractor shall include this clause, including this paragraph (g)
in all subcontracts under this contract, which exceed the small purchase
limitation of section 13.000 of the Federal Acquisition Regulation.
(End of clause)
I.5 REFERENCED CLAUSES - WHEN APPLICABLE. The following clause(s) marked (X)
when applicable) pertinent to this section is/are hereby incorporated by
reference:
CLAUSE NO. TITLE
FAR CLAUSES
(X) 52.203-3 Gratuities (NOV 1990)
(X) 52.203-12 Limitation on Payments to Influence Certain
Federal
Transactions (JAN 1990)
( ) 52.204-2 Security Requirements (AUG 1996)
( ) 52.207-5 Option to Purchase Equipment (FEB 1995)
( ) 52.208-8 Helium Requirement Forecast and Required Sources
for Helium (FEB 1995)
( ) 52.209-1 Qualification Requirements (FEB 1995)
(X) 52.210-7 Other Than New Material, Residual Inventory, and
Former Government Surplus Property (MAY 1995)
( ) 52.215-2 Audits and Records - Negotiations (AUG 1996)
( ) 52.215-2 Audits and Records - Negotiations (AUG 1996) -
Alternate II (JAN 1997)
( ) 52.215-2 Audits and Records - Negotiations (AUG 1996) -
Alternate III (JAN 1997)
( ) 52.215-21 Changes or Additions to Make-Or Buy Program (APR
1984)
( ) 52.215-21 Changes or Additions to Make-Or-Buy Program (APR
1984) - Alternate I (APR 1984)
(X) 52.215-22 Price Reduction for Defective Cost or Pricing Data
(OCT 1995)
( ) 52.215-23 Price Reduction for Defective Cost or Pricing
Data -Modifications (OCT 1995)
(X) 52.215-24 Subcontractor Cost or Pricing Data (OCT 1995)
( ) 52.215-25 Subcontractor Cost or Pricing Data - Modifications
(OCT 1995)
( ) 52.215-26 Integrity of Unit Prices (FEB 1997) - Alternate I
(APR 1991)
( ) 52.215 27 Termination of Defined Benefit Pension Plans (MAR
1996)
( ) 52.215-31 Waiver of Facilities Capital Cost of Money (SEP 1987)
( ) 52.215-39 Reversion or Adjustment of Plans for Postretirement
Benefits Other Than Pensions (PRB) (MAR 1996)
( ) 52.215-40 Notification of Ownership Changes (FEB 1995)
( ) 52.215-42 Requirements for Cost or Pricing Data or Information
Other Than Cost or Pricing Data- Modifications (JAN 199
7) Modifications (JAN 1997) - Alternate II (OCT 1995)
( ) 52.215-42 Requirements for Cost or Pricing Data or Information
Other Than Cost or Pricing Data
( ) 52.217-2 Cancellation Under Multiyear Contracts (JUL 1996)
(X) 52.217-8 Option to Extend Services (AUG 1989)
( ) 52.219-6 Notice of Total Small Business Set-Aside (JUL 1996)
MDA904-97-C-0424
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( ) 52.219-7 Notice of Partial Small Business Set Aside (JUL 1996)
( ) 52.219-9 Small, Small Disadvantaged and Women-Owned Small
Business Subcontracting Plan (AUG 1996)
( ) 52.219-9 Small, Small Disadvantaged and Women-Owned Small
Business Subcontracting Plan (AUG
(X) 52.219-14 Limitations on Subcontracting (DEC 1996)
( ) 52.219-16 Liquidated Damages - Subcontracting Plan (OCT 1995)
( ) 52.222-1 Notice to the Government of Labor Disputes (FEB 1997)
( ) 52.222-3 Convict Labor (AUG 1996)
( ) 52.222-20 Xxxxx-Xxxxxx Public Contracts Act (DEC 1996)
(X) 52.227-26 Equal Opportunity (APR 1984)
(X) 52.222-28 Equal opportunity Pre-Award Clearance of Subcontracts
(APR 1984)
( ) 52.222-29 Notification of Visa Denial (APR 1984)
(X) 52.222-35 Affirmative Action for Special Disabled and Vietnam Era
Veterans (APR 1984)
(X) 52.222-36 Affirmative Action for Handicapped Workers (APR 1984)
(X) 52.222-37 Employment Reports on Special Disabled Veterans and
Veterans of the Vietnam Era (JAN
( ) 52.222-41 Service Contract Act of 1965, as Amended (MAY 1989)
( ) 52.222-43 Fair Labor Standards Act and Service Contract Act -
Price Adjustment (Multiple Year and Option Contracts)
(MAY 1989)
( ) 52.222-44 Fair Labor Standards Act and Service Contract Act -
Price Adjustment (MAY 1989)
( ) 52.222-48 Exemption from Application of Service Contract Act
Provisions for Contracts for
(X) 52.223-2 Clean Air and Water (JAN 1997)
( ) 52.223-3 Hazardous Material Identification and Material Safety
Data (NOV 1991)
(X) 52.223-6 Drug-Free Workplace (JAN 1997)
( ) 52.223-9 Certification of Percentage of Recovered Material
Consent for EPA Designated Items Used
( ) 52.223-10 Waste Reduction Program (MAY 1995)
( ) 52.223-12 Refrigeration Equipment and Air Conditioners (MAY l995)
( ) 52.223-14 Toxic Chemical Release Reporting (OCT 1996)
( ) 52.224-1 Privacy Act Notification (APR 1984)
( ) 52.224-2 Privacy Act (APR 1984)
( ) 52.225-10 Duty-Free Entry (APR 1984)
( ) 52.225-14 Inconsistency Between English Version and Translation
of Contract (AUG 1989)
( ) 52.225-17 Buy American Act - Supplies Under European Community
Agreement (MAY 1995)
( ) 52.226-1 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises (SEP 1996)
(X) 52.227-1 Authorization and Consent (JUL 1995)
( ) 52.227-1 Authorization and Consent (JUL 1995) - Alternate II
(APR 1984)
( ) 52.227-2 Notice and Assistance Regarding Patent and Copyright
Infringement (AUG 1996)
( ) 52.227 3 Patent Indemnity (APR 1984)
( ) 52.227-9 Refund of Royalties (APR 1984)
( ) 52.227-10 Filing of Patent Applications - Classified Subject
Matter (APR 1984)
( ) 52.227-11 Patent Rights - Retention by the Contractor (Short
Form) (JUN 1989)
( ) 52.227-11 Patent Rights - Retention by the Contractor (Short
Form) (JUN 1989) - Alternate II (JUN 1989)
(X) 52.227-12 Patent Rights - Retention by the Contractor (Long Form)
(JAN 1997)
( ) 52.227-12 Patent Rights - Retention by the Contractor (Long Form)
(JAN 1997) - Alternate II (JUN 1989)
( ) 52.227-13 Patent Rights - Acquisition by the Government (JAN
1997)
( ) 52.227-13 Patent Rights - Acquisition by the Government (JAN
1997) - Alternate II (JUN 1989)
( ) 52.228-3 Workers Compensation Insurance (Defense Base Act) (APR
1984)
( ) 52.228-4 Workers Compensation and War Hazard Insurance Overseas
(APR 1984)
( ) 52.228-5 Insurance - Work on a Government Installation (JAN
1997)
( ) 52.228-14 Irrevocable Letter of Credit (JUN 1996)
( ) 52.228-16 Performance and Payment Bonds - Other Than Construction
(SEP 1996)
( ) 52.228-16 Performance and Payment Bonds - Other Than Construction
(SEP 1996) -Alternate I (SEP 1996)
( ) 52.229-3 Federal, State and Local Taxes (JAN 1991)
(X) 52.229-4 Federal, State and Local Taxes (Noncompetitive
Contract) (JAN 1991)
(X) 52.229-5 Taxes - Contracts Performed in U S Possessions or
Puerto Rico (APR 1984)
( ) 52.229-6 Taxes - Foreign Fixed Price Contracts (JAN 1991)
( ) 52.230-2 Cost Accounting Standards (AUG 1992)
( ) 52.230-3 Disclosure and Consistency of Cost Accounting Practices (APR
1996)
( ) 52.230-4 Consistency in Cost Accounting Practices (AUG 1992)
( ) 52.230-5 Cost Accounting Standards - Educational Institution (APR
1996)
( ) 52.230-6 Administration of Cost Accounting Standards (APR 1996)
( ) 52.232-4 Payments Under Transportation Contracts and Transportation
Related Service Contracts (APR 1984)
(X) 52.232-9 Limitation on Withholding of Payments (APR 1984)
( ) 52.232-16 Progress Payments (JUL 1991)
( ) 52.232-16 Progress Payments (JUL 1991) Alternate I (AUG 1987)
( ) 52.232-18 Availability of Funds (APR 1984)
( ) 52.23224 Prohibition of Assignment of Claims (JAN 1986)
(X) 52.232-25 Prompt Payment (MAR 1994)
( ) 52.232-33 Mandatory Information for Electronic Funds Transfer Payment
(AUG 1996)
( ) 52.232-34 Optional Information for Electronic Funds Transfer Payment
(AUG 1996)
(X) 52.233-1 Disputes (OCT 1995)
MDA904-97-C-0424
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( ) 52.233-1 Disputes (OCT 1995) - Alternate I (DEC 1991)
( ) 52.237-2 Protection of Government Buildings, Equipment and Vegetation (APR 1984)
( ) 52.237-3 Continuity of Services (JAN 1991)
( ) 52.237-9 Waiver of Limitation on Severance Payments to Foreign Nationals (OCT 1998)
( ) 52.239-1 Privacy or Security safeguards (AUG 1996)
( ) 52.242-1 Notice of Intent to Disallow Costs (APR 1984)
( ) 52.242-2 Production Progress Reports (APR 1991)
(X) 52.242-3 Penalties for Unallowable Costs (OCT 1995)
( ) 52.242-4 Certification of Final Indirect Costs (JAN 1997)
( ) 52.242-10 F. O. B. origin - Government Bills of Lading or Prepaid Postage (APR 1984)
( ) 52.243-1 Changes - Fixed Price (AUG 1987) - Alternate I (APR 1984)
(X) 52.243-1 Changes - Fixed Price (AUG 1987) - Alternate II (APR 1984)
( ) 52.243-1 Changes - Fixed Price (AUG 1987) - Alternate III (APR 1984)
(X) 52.244-5 Competition in Subcontracting (DEC 1996)
( ) 52.244-6 Subcontracts for Commercial Items and Commercial Components (OCT 1995)
( ) 52.245-1 Property Records (APR 1984)
( ) 52.245-2 Government Property (Fixed-Price Contracts) (DEC 1989)
( ) 52.245-2 Government Property (Fixed Price Contracts) (DEC 1989) - Alternate I (APR 1984)
( ) 52.245-4 Government - Furnished Property (Short Form) (APR 1984)
( ) 52.245-18 Special Test Equipment (FEB 1993)
( ) 52.245-19 Government Property Furnished "As Is" (APR 1984)
( ) 52.246 23 Limitation of Liability (FEB 1997)
( ) 52.246 24 Limitation of Liability - High Value Items (FEB 1997)
( ) 52.246-24 Limitation of Liability - High Value Items (FEB 1997) - Alternate I (APR 1984)
(X) 52.246-25 Limitation of Liability - Services (FEB 1997)
( ) 52.247-1 Commercial Bill of Lading Notations (APR 1984)
( ) 52.247 64 Preference for Privately Owned U.S. Flag Commercial Vessels (AUG 1996)
( ) 52.247-64 Preference for Privately Owned U.S. Flag Commercial Vessels (AUG 1996) - Alternate I
(APR 1984)
( ) 52.248-1 Value Engineering (MAR 1989)
( ) 52.248-1 Value Engineering (MAR 1989) - Alternate I (APR 1984)
( ) 52.248-1 Value Engineering (MAR 1989) - Alternate II (APR 1984)
( ) 52.248-1 Value Engineering (MAR 1989) - Alternate III (APR 1984)
( ) 52.249-2 Termination for Convenience of the Government (Fixed Price) (SEP 1996)
( ) 52.249-2 Termination for Convenience of the Government (Fixed Price) (SEP 1996) Alternate II
(SEP 1996)
(X) 52.249-4 Termination for Convenience of the Government (Services) (Short Form) (APR 1984)
(X) 52.251-1 Government Supply sources (APR 1984)
DFARS CLAUSES
(X) 252.201-7000 Contracting Officer s Representative (DEC 1991)
(X) 252.203-7000 Statutory Prohibitions on Compensation to Former Department of Defense Employees (NOV
1995)
( ) 252.203-7002 Display of DoD Hotline Poster (DEC 1991)
(X) 252.204-7000 Disclosure of Information (DEC 1991)
( ) 252.204-7002 Payment for Subline Items Not Separately Priced (DEC 1991)
(X) 252.205-7000 Provision of Information to Cooperative Agreement Holders (DEC 1991)
( ) 252.209-7004 Reporting of Commercial Transactions With The Government of a Terrorist Country (SEP 1994)
( ) 252.209-7005 Military Recruiting on Campus (FEB 1996)
( ) 252.211-7000 Acquisition Streamlining (DEC 1991)
( ) 252.215-7000 Pricing Adjustments (DEC 1991)
( ) 252.215-7002 Cost Estimating System Requirements (DEC 1991)
( ) 252.219-7001 Notice of Partial Small Business Set-Aside with
Preferential consideration for Small
( ) 252.219-7001 Notice of Partial Small Business Set-Aside with
Preferential Consideration for Small
( ) 252.219-7003 Small Business and Small Disadvantaged Business
subcontracting Plan (DoD Contracts) (APR 1996)
( ) 252.219-7006 Notice of Evaluation Preference for Small Disadvantaged Business Concerns (MAY 1995)
( ) 252.219-7006 Notice of Evaluation Preference for Small
Disadvantaged Business Concerns (MAY 1998)
Alternate I (DEC 1991)
( ) 252.223-7001 Hazard Warning Labels (DEC 1991)
( ) 252.223-7005 Hazardous Waste Liability and Indemnification (OCT 1992)
( ) 252.223-7006 Prohibition on Storage and Disposal of Toxic and Hazardous Materials (APR 1993)
( ) 252.223-7006 Prohibition on Storage and Disposal of Toxic and
Hazardous Waste (APR 93) - Alternate I (NOV 1995)
( ) 252.225-7001 Buy American Act and Balance of Payments Program (JAN 1994)
( ) 252.225-7002 Qualifying Country Sources as Subcontractors (DEC 1991)
( ) 252.225-7005 Identification of Expenditures in the United States (DEC 1991)
(X) 252.225-7007 Trade Agreements Act (JUL 1996)
( ) 252.225-7008 Supplies to be Accorded Duty Free Entry (DEC 1991)
( ) 252.225-7009 Duty Free Entry - Qualifying Country End Products and Supplies (DEC 1991)
( ) 252.225-7010 Duty-Free Entry - Additional Provisions (DEC 1991)
( ) 252.225-7011 Restriction on Acquisition of Supercomputers (JUL 1995)
( ) 252.225-7014 Preference for Domestic Speciality Metals (NOV 1995)
( ) 252.225-7015 Preference for Domestic Hand or Measuring Tools (DEC 1991)
MDA904-97-C-0424
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( ) 252.225-7022 Restriction on Acquisition of Polyacrylonitrile (PAN) Based
Carbon Fiber (DEC 1991)
( ) 252.225-7024 Restriction on Acquisition of Night Vision Image Intensifier
Tubes and Devices (DEC 1991)
( ) 252.225-7025 Foreign Source Restrictions (SEP 1996)
( ) 252.225-7026 Reporting of Overseas Subcontracts (NOV 1995)
( ) 252.225-7028 Exclusionsay Policies and Practices of Foreign Governments
(DEC 1991)
( ) 252.225-7032 Waiver of United Kingdom Levies (OCT 1992)
( ) 252.225-7036 North American Free Trade Agreement Implementation Act (JAN
1994)
( ) 252.225-7036 North American Free Trade Agreement Implementation Act (JAN
1994) - Alternate I (MAY 1995)
( ) 252.225-7037 Duty-Free Entry - NAFTA Country End Products and Supplies (JAN
1994)
( ) 252.226-7000 Notice of Historically Black Colleges or Universities and
Minority Institution Set-asides (APR 1994)
(X) 252.227-7013 Rights in Technical Data - Noncommercial Items (NOV 1995)
(X) 252.227-7014 Rights in Noncommercial Computer Software and Noncommercial
Computer Software Documentation (JUN 1995)
( ) 252.227-7014 Rights in Noncommercial Computer Software and Noncommercial
Computer Software Documentation (JUN 1995)
( ) 252.227-7019 Validation of Asserted Restrictions - Computer Software (JUN
1995)
( ) 252.227-7020 Rights in Data--Special Works (JUN 1995)
( ) 252.227-7021 Rights in Data--Existing Work (MAR 1979)
( ) 252.227-7025 Limitation on the Use or Disclosure of Government-Furnished
Information Marked With Restrictive Legends (JUN 1995)
( ) 252.227-7026 Deferred Delivery of Technical Data or Computer Software (APR
1988)
( ) 252.227-7027 Deferred Ordering of Technical Data or Computer Software (APR
1988)
(X) 252.227-7030 Technical Data-Withholding of Payments (OCT 1988)
( ) 252.227-7032 Rights in Technical Data and Computer Software (Foreign) (JUN
1975)
(X) 252.227-7036 Certification of Technical Data Conformity (MAY 1987)
(X) 252.227-7037 Validation of Restrictive Markings Technical Data (NOV 1995)
( ) 252.227-7039 Patents - Reporting of Subject Inventions (APR 1990)
( ) 252.228-7000 Reimbursement for War-Hazard Losses (DEC 1991)
( ) 252.228-7003 Capture and Detention (DEC 1991)
( ) 252.232-7002 Progress Payments for Foreign Military Sales Acquisitions (DEC
1991)
( ) 252.232-7004 DoD Progress Payment Rates (FEB 1996)
( ) 252.232-7007 Limitation of Government's Obligation (AUG 1993)
( ) 252.232-7007 Limitation of Government s Obligation (AUG 1993) - Alternate I
(AUG 1993)
(X) 252.233-7000 Certification of Claims and Requests for Adjustment or Relief
(MAY 1994)
( ) 252.234-7001 Cost/Schedule Control Systems (DEC 1991)
( ) 252.239-7000 Protection Against Compromising Emanations (DEC 1991)
( ) 252.239-7002 Access (DEC 1991)
( ) 252.242-7000 Postaward Conference (DEC 1991)
( ) 252.242-7003 Application for U.S. Government Shipping
Documentation/Instructions (DEC 1991)
( ) 252.242-7004 Material Management and Accounting System (SEP 1996)
( ) 252.245-7000 Government-Furnished Mapping, Charting and Geodesy Property
(DEC 1991)
( ) 252.245-7001 Reports of Government Property (MAY 1994)
(X) 252.246-7000 Material Inspection and Receiving Report (DEC 1991)
( ) 252.246-7001 Warranty of Data (DEC 1991)
( ) 252.246-7001 Warranty of Data (DEC 1991) - Alternate I (DEC 1991)
( ) 252.246-7001 Warranty of Data (DEC 1991) - Alternate II (DEC 1991)
( ) 252.249-7001 Notification of substantial Impact on Employment (DEC 1991)
( ) 252.249-7002 Notification of Proposed Program Termination or Reduction (MAY
1995)
(X) 252.251-7000 Ordering From Government Supply Sources (MAY 1995)
FULL TEXT CLAUSES - WHEN APPLICABLE. Pursuant to FAR 52 102-2, the following
clauses (marked (X) when applicable) shall be incorporated in this solicitation
and/or contract in full text Therefore, a copy of the applicable clause(s)
follows:
CLAUSE NO. TITLE
FAR CLAUSES
( ) 52.209-1 Qualification Requirement (FEB 1995)
( ) 52.209-3 First Article Approval - Contractor Testing (SEP 1989)
( ) 52.209-3 First Article Approval - Contractor Testing (SEP 1989) -
Alternate I (JAN 1997)
( ) 52.209-3 First Article Approval - Contractor Testing (SEP 1989) -
Alternate II (SEP 1989)
( ) 52.209-4 First Article Approval - Government Testing (SEP 1989)
( ) 52.209-4 First Article Approval - Government Testing (SEP 1989) -
Alternate I (JAN 1996)
( ) 52.209-4 First Article Approval - Government Testing (SEP 1989) -
Alternate II (SEP 1989)
(X) 52.215-42 Requirements for Cost or Pricing Data or Information Other
Than Cost or Pricing Data Modifications (JAN 1997) -
Alternative 1 (OCT 1995)
( ) 52.215 42 Requirements for Cost or Pricing Data or Information Other
Than Cost or Pricing Data Modifications (JAN 1997) -
Alternate III (OCT 1995)
( ) 52.215-42 Requirements for Cost or Pricing Data or Information Other
Than Cost or Pricing Data Modifications (JAN 1997) -
Alternate IV (OCT 1995)
( ) 52.216-16 Incentive Price Revision - Firm Target (FEB 1997)
( ) 52.216-16 Incentive Price Revision - Firm Target (FEB 1997) -
Alternate I (APR 1984)
( ) 52.216-17 Incentive Price Revision - Successive Targets (FEB 1997)
( ) 52.216-17 Incentive Price Revision - Successive Targets (FEB 1997) -
Alternate I (APR 1984)
MDA904-97-C-0424
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( ) 52.216-23 Execution and Commencement of Work (APR 1984)
( ) 52.216-24 Limitation of Government Liability (APR 1984)
( ) 52.216-25 Contract Definitization (APR 1984)
( ) 52.216 25 Contract Definitization (APR 1984) - Alternate I (APR 1984)
( ) 52.217-6 Option for Increased Quantity (APR 1984)
(X) 52.217-9 Option to Extend the Term of the Contract (MAR 1989)
( ) 52.222-26 Equal Opportunity (APR 1984) - Alternate (APR 1984)
( ) 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989)
( ) 52.222-47 SCA Minimum Wages and Fringe Benefits Applicable to
Successor Contract Pursuant to Predecessor Contractor
Collective Bargaining Agreements (CBA) (MAY 1989)
( ) 52.222-49 Service Contract Act - Place of Performance Unknown (MAY
1989)
( ) 52.227-3 Patent Indemnity (APR 1984) - Alternate I (APR 1984)
( ) 52.227-3 Patent Indemnity (APR 1984) Alternate II (APR 1984)
( ) 52.227-3 Patent Indemnity (APR 1984) - Alternate III (JUN 1995)
( ) 52.227-5 Waiver of Indemnity (APR 1984)
( ) 52.227-11 Patent Rights - Retention by the Contractor (Short Form)
(JUN 1989) - Alternate I (JUN 1989)
( ) 52.227-12 Patent Rights - Retention by the Contractor (Long Form) (JAN
1997) Alternate I (JUN 1989)
( ) 52.227-13 Patent Rights - Acquisition by the Government (JAN 1997) -
Alternate I (JUN 1989)
( ) 52.229-7 Taxes--Fixed-Price Contracts with Foreign Governments (JAN
1991)
( ) 52.232-16 Progress Payments (JUL 1991) - Alternate II (AUG 1987)
( ) 52.243-7 Notification of Changes (APR 1984)
( ) 52.244 1 Subcontracts (Fixed Price Contracts) (FEB 1995)
( ) 52.244-1 Subcontracts (Fixed Price Contracts) (FEB 1995) Alternate I
(APR 1984)
( ) 52.244-2 Subcontracts Under Cost-Reimbursement and Letter Contracts
(FEB 1997) - Alternate I (AUG 1996)
( ) 52.246 20 Warranty of Services (APR 1984)
( ) 52.247-66 Returnable Cylinders (MAY 1994)
( ) 52.252-4 Alterations in Contract (APR 1984)
( ) 52.252-6 Authorized Deviations in Clauses (APR 1984)
DFARS CLAUSES
( ) 252.217-7027 Contract Definitization (FEB 1996)
( ) 252.219-7005 Incentive for Subcontracting with small Businesses, Small
Disadvantaged Businesses, Historically Black Colleges and
Universities and Minority Institutions (NOV 1995)
( ) 252.219-7005 Incentive for Subcontracting with Small Businesses, Small
Disadvantaged Businesses, Historically Black Colleges and
Universities and Minority Institutions (NOV 1995) -
Alternate I (DEC 1991)
( ) 252.225-7027 Limitation on Sales Commissions and Fees (DEC 1991)
( ) 252.232-7003 Flexible Progress Payments (DEC 1991)
( ) 252.232-7007 Limitation of Government's Obligation (AUG 1993)
( ) 252.239-7016 Telecommunications Security Equipment, Devices, Techniques
and Services (DEC 1991)
( ) 252.243-7000 Engineering Change Proposals (MAY 1994)
( ) 252.243-7000 Engineering Change Proposals (MAY 1994) - Alternate I (MAY
1994)
( ) 252.247-7024 Notification of Transportation of Supplies by Sea (NOV 1995)
( ) 252.249-7000 Special Termination Costs (DEC 1991)
I.6 THE FOLLOWING 8(A) CLAUSES, PROVISIONS, AND CERTIFICATIONS ARE IN
CORPORATED:
PART 1 - CERTIFICATION OF SUBCONTRACTING
I certify that at least the percentage of work required by 13 CFR 124.314 shall
be performed by employees of my firm and the SBA approval will be obtained prior
to entering a subcontract with any other concern. Those percentages are:
[X] SERVICES (except construction) -- At least 50 percent of the cost of
contract performance incurred for labor must be expended for employees of an
8(a) concern.
[_] SUPPLIES (other than from regular dealers) -- At least 50 percent of the
cost of manufacturing that supplies, not including the ocst of material.
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[_] GENERAL CONSTRUCTION -- At least 15 percent of the cost of the contract,
not including the cost of materials. must be expended or employees of the 8 (a)
concern.
[_] CONSTRUCTION BY SPECIAL TRADE CONTRACTORS -- At least 25 percent of the cost
of the contract, not including the cost of materials must be expended for
employees of the 8 (a) concern.
PART 2
I hereby request permission to subcontract with ___________________for the
amount specified in our Best and Final Offer.
PART 3 - COMPETITIVE BUSINESS MIX CERTIFICATION
(A) [X] FIRM NAME: LITRONICS INC _____________________is in the development
stage.
(B) [ ] FIRM NAME: _________________________________acknowledges that it is
currently in the transition stage of the 8 (a) Program Participation and
certifies that it is in compliance with the non-8(a) business activity targets
established pursuant to 13 CFR 124.312(c) (4) and (5).
(C) [ ] FIRM NAME: _________________________________certifies that it is in
compliance with the remedial measures imposed by SBA, if any, pursuant to 13 CFR
124.312(c) (12). Disrep resentation by falsely certifying to past compliance
with the non-8(a) business activity targets established in the business plan
approved by SBA shall subject that individual to:
(1) Punishment by a fine of not more than $500,000 or imprisonment for not
more than 10 years, or both;
(2) The administrative remedies prescribed by th eProgram fraud Civil
Remedies Act of 1986 (31 USC 3801.3812);
(3) Suspension and debarment as specified in 13 CFR 145 of Subpart 9.4 of
Title 48 Code of Federal Regulations (or any successor regulation) on the basis
that such misrepresentation indicates a lack of business integrity that
seriously and directly affects the present responsibility of a person or entity
to transact business with the Federal Government; and
(4) Ineligibility for participation in any program or activity conducted
under the authority of the Small Business Act or the Small Business investment
Act for a period of not to exceed 3 years.
MDA904-97-C-0424
34 of 34
FIRM NAME: ______________________________
ADDRESS: ________________________________
CITY, STATE, ZIP: _________________________
_______________________________________
Signature of President, Partner or Proprietor Date: _________________
ORIGINAL SIGNATURES ONLY, REPRODUCTIONS WILL NOT BE ACCEPTED.
PART 4 - ADDITIONAL CLAUSES AND PROVISIONS
52.219-11 Special 8(a) Contract Conditions (FEB 1990)
Name of Agency: Maryland Procurement Office
52.219-12 Special 8(a) Subcontract Conditions (FEB 1990)
Prime Contract Number:
Name of Agency: Maryland Procurement Office
Name of Subcontractor:
52.219-14 Limitations on Subcontracting (JAN 1991)
52.219-17 Section 8(a) Award (DEC 1996)
Name of Agency: Maryland Procurement Office
52.203-11 Certification and Disclosure Regarding Payment s to Influence
Certain Federal Transactions (APR 1991)
Certification of Subcontracting
Certification of Competitive Business Mix
SECTION J - LIST OF ATTACHMENTS
J.1 Statement of Work entitled, "Multi Level Information System Security
Initiative, Crypto Card System Analysis and Library and Driver Architecture and
Development," dated 10 January 1997, 7 pages.
J.2 Contract Data Requirements List, DD Form 1423, dated 13 February 1997, 18
pages.
J.3 Award Fee Plan (Rev. 2), dated 10 June 1997, 5 pages.
MDA904.97-C-0424
P00009
Page 2 of 7
SECTION B - SUPPLIES/SERVICES AND PRICES is revised to include:
B.3 SUPPLIES/SERVICES (Date of Contract Modification P00009 - 30 September 1998)
UNIT
CLIN ITEM DESCRIPTION UNIT QTY PRICE TOTAL
0001 The contractor shall furnish the HRS Gov't 6,400 XXX
necessary materials. facilities, Cont'r 5,237
equipments, supplies and services
of skilled professional, technical
and support personnel to fulfill
the requirements set forth in the
Statement of Work entitled
"Task Order for an Advanced
Fortezza and Commercial
Algorithm Smartcard, Version
2.0," dated 27 May 1998.
0001AA Program Manager X XXX $118.06 XXXX
0001AB Sr. Electrical Engineer X XXX $ 75.41 XXXX
0001AC Electronic Technician X XXX $ 69.32 XXXX
0001AD Systems Analyst X XXX $ 75.38 XXXX
0001AE Sr. Software Engineer X XXX $ 98.38 XXXX
0001AF Software Engineer X XXX $ 62.60 XXXX
Total Amount CLIN 0001 Not-To-Exceed
ACR. AC Government's Share $519,434.00
Contractor's Share $424,991.00
0002 Award Fee Pool, to be determined For the Period
$519,934.00
in accordance with the Award Fee
Determination Plan for Multi
Level Information System
Security Initiative Crypto Card
System Analysis and Library and
Driver Architecture and
Development, dated 10 June
1997 (Rev. 2). There shall be one
evaluation for the period, date of
contract modification - 30
September 1998. The contractor
is authorized to bill for up to 50%
of the available award fee ($), on
a monthly basis in equal amounts.
ACR: AC
03 Travel For the Job Not-To-Exceed
(Inclusive of Burdens) Government's Share $8,37l.00
ACR: AC Contractor's Share $6,849.00
MDA904-97-C-0424
P00009
Page 3 of 7
CLIN ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL
0004 Other Direct Costs For the Job Not-To-Exceed
(Inclusive of Burdens) Government's Share $214,252.00
ACR: AC Contractor's Share $288,050.00
0005 Data, in accordance with the For the Lot Not-Separately-Priced
Contract Data Requirements
List (CDRL), DD Form 1423,
dated 13 February 1997
ACR: AC
TOTAL NOT TO-EXCEED GOVERNMENT'S SHARE $794,000.00
TOTAL CONTRACTOR'S SHARE $721,890,00
SECTION C - DESCRIPTION/SPECIFICATION WORK STATEMENTS is revised to include:
C.4 Statement of Work entitled, "Task Order for an Advanced Fortezza and
Commercial Algorithm Smartcard, Version 2.0" dated 27 May 1998.
C.5 The Government shall submit individual task orders to the Contractor. Upon
review of the task, the contractor will review the task requirement and provide
the Government with an estimate of the required labor hours, by category,
material and travel for performance. If acceptable, the Government will
authorize the work to proceed by signing the task order and returning it to the
Contractor. The Contractor is not authorized to deviate from the specified labor
hours, per labor category, by more than ten percent (10%) without prior
authorization from the Contracting Officer. In the event the Contractor cannot
perform the effort within the authorized deviation, a revised estimate shall be
submitted to the Government for approval. If acceptable, the task order will be
amended accordingly. However, in no event shall the Contractor exceed the total
Not-to-Exceed portion of the contract regardless of the authorized deviation
specified herein. Man Hours expended in preparing Task Order estimates shall not
be directly charged to this contract.
SECTION F - DELIVERIES OR PERFORMANCE
F.7 352.211-9004 PERIOD OF PERFORMANCE (APR 1989) is added:
Section B.3 of this contract shall extend from date of contract
modification to 30 September 1998, unless performance is sooner terminated under
the terms of the contract.
(End of Clause)
MDA904-97-C-0424
P00009
Page 4 of 7
SECTION C - CONTRACT ADMINISTRATION DATA
G.l ACCOUNTING AND APPROPRIATION DATA is revised to include ACR: AC:
ACR: AA Obligate
977/80400.4500 574E51 999-2520 S18119 03200106 IX 0000 X22 I20B
Previously Obligated for Section B.1 CLINs 000l, 0003 and 0004 $ 446,874.00
Previously Obligated for Provisional Award Fee Payments $ 0.00
Previously Obligated for Future Award Fee Payments $ 0.00
Previously Obligated for Award Fee Earned $ 36,433.00
Total Amount Previously Obligated ACR: AA $ 483,307.00
ACR: AB Obligate
978/90400.4500 584E51 999-2520 S18119 04700400 IX 0000 X22 I25D
Previously Obligated for section B.2 CLINs 0001, 0003 and 0004 $1,154,441.00
Previously Obligated for Provisional Award Fee Payments $ 42,279.50
Previously Obligated for Future Award Fee Payments $ 42,279.50
Total Amount Previously Obligated (PR: I6-97-9093-0003) $ 850,000.00
Total Amount Previously Obligated (PR: I6-97-2093-0004) $ 205,000.00
Total Amount Previously obligated (PR: I6-97-2093-0005) $ 184,000.00
Total Amount Previously Obligated ACR: AB $1,239,000.00
ACR: AC Obligate
978/90400.4500 584E51 999-2550 S18119 04700100 IX 0000 X21 I25D
Obligate This Action for section B.3 CLINs 0001, 0003 and 0004 $ 742,057.00
Obligate This Action for Provisional Award Fee Payments $ 25,971.50
Obligate This Action for Future Award Fee Payments $ 25,971.50
Total Obligated This Action (PR: I6-98-3701-0000) ACR: AC $ 794,000.00
MDA904-97-C-0424
P00009
Page 5 of 7
G.2 352.216-9007 NOTICE: AWARD FEE FUNDING (JUL 1993) is restated as follows:
Funds in the amount of $42,279.50 Section B.2, and $25,971.50, Section B.3,
have been obligated under this con tract towards future award fee
determinations but are not available for the Contractor to bill against or incur
costs against. Obligated award fee funds identified above will be released to
the Contractor via subsequent modifications after the Government has rendered an
award fee determination in accordance with the Award Fee Plan currently in force
under this contract. Upon receipt of the aforementioned modifications, the
Contractor is authorized to bill for the earned fee.
G.14 METHOD OF INVESTMENT CALCULATION / INVOICING (applicable to Section B.3
only)
The Contractor agrees that it will make an investment of 45% of total costs
incurred up to a maximum investment contribution of $721,890.00. In order to
implement this investment, the Contractor agrees that each of its invoices for
incurred costs on the effort contained in Section B.3 will include the following
information:
Total costs incurred
55% of those costs charged to the Government
45% of those costs charged to the Contractor
Total amount to be paid by the Government
Total investment to date by Contractor
It is further agreed by the parties that, once the maximum investment is
reached, any additional costs incurred above the estimated costs contained
herein that are otherwise allowable, allocable, and reasonable and in accordance
with the other provisions of the contract, will be invoiced up to a total of
$1,515,890.00, which total includes the contractor's maximum investment of
$721,890.00, and the government's investment of $794,000.00 for the current
period of performance. The contractor's maximum investment is $721,890.00. All
invoices will be paid in accordance with the payment provisions stated in this
contract. In no case will the contractor invoice the government for more than
the Not-To-Exceed amount listed in the contract. The Contractor shall notify the
Contracting Officer in writing whenever it has reason to believe that the costs
it expects to incur under this contract in the next 60 days, when added to all
costs previously incurred, will exceed 75 percent of the amount currently
obligated on the contract. The Contractor's notice shall include an estimate of
funds required to continue performance. If, after notification by the Contractor
pursuant to this clause, additional funds are required to be obligated for a
further period, the government will negotiate an appropriable resolution.
(End of Clause)
SECTION H - SPECIAL CONTRACTOR REQUIREMENTS IS REVISED TO INCLUDE:
H.19 352.227-9005 NOTIFICATION OF FOREIGN ORIGIN SOFTWARE AND/OR FIRMWARE (OCT
1997)
Offerors/Contractor shall notify the Contracting Officer in writing if any
foreign manufactured, developed, main tained and/or modified software and/or
firmware will be used or included in the deliverables under this contract. For
eign-origin software and/or firmware that is merely a possible candidate for use
under this contract shall also be identified. Notification pursuant to this
clause must include the identity of the foreign source and the nature of the
software application, and is required as soon as there is a reason to know or
suspect foreign origin.
NSA reserves the right to exclude foreign-origin software and/or firmware
from use under contract on a case-by-case basis.
(End of clause)
H.20 352.216-9012 TECHNICAL TASK ORDERS (OCT 1993)
(a) Technical Task Orders shall be issued by the Contracting Officer or
his/her duly authorized representative. The TTOs will include a ceiling price,
beyond which the Contractor shall not incur costs.
(b) The performance of the work under each TTO order shall be subject to
the technical direction and surveillance of the Contracting Officer's
Representatives (XXXx) who are identified under separate letter. "Technical
Direction",
MDA904-97-C-0424
P00009
Page 6 of 7
as used herein, is direction to the Contractor which fills in details or
otherwise completes or explains the scope of the work and specific requirements
as set forth in the Statement of Work and in each TTO. Furthermore, the COR may
suggest to the Contractor lines of inquiry or methods of approach with respect
to work under this order. It is intended that the Technical Task Orders (TTOs)
or suggestions furnished shall be within the general scope of the work as set
forth in the Statement of Work and shall not constitute changes as described in
the "Changes" clause.
(c) The following procedures shall be followed in initiating tasks under
this order:
A TTO setting forth the detailed requirements of a particular task,
together with any necessary attachments (draw ings, schematics, etc.,) shall be
furnished to the Contractor in writing by a designated COR. The Contractor is
obligated to perform all TTOs issued pursuant to the technical specification
cited in paragraph (b), above. TTOs shall not constitute a basis for any
increase in the fee or extension to the period of performance. Nothing contained
in this clause authorizes the Contractor to incur costs in excess of the
estimated cost or fund limitation set forth in the order.
(d) All TTOs furnished to the Contractor shall be incorporated into this
order by reference.
(End of Clause)
H.21 MPO 232-9009 CEILING PRICE
The price negotiated for this contract and for any subsequent job orders
resulting hereunder shall be a ceiling once which the contractor exceeds at his
own risk without prior approval of the Contracting Officer.
SECTION I - CONTRACT CLAUSES
1.5 REFERENCED CLAUSES IS REVISED TO INCLUDE:
52.215-2 Audits and Records - Negotiations (AUG 1996)
SECTION J - LIST OF ATTACHMENTS IS REVISED TO INCLUDE:
J.4 Statement of Work entitled, "Task Order for an Advanced Fortezza and
Commercial Algorithm Smartcard, Version 2.0," dated 21 May 1998, 22 pages
(previously provided).
MDA904-97-C-0424
P00009
Page 7 of 7
C. As a result of the foregoing, the total contract price is restated as
follows:
Section X.x FROM BY TO
Cost of CLINs 0001, 0003 and 0004 $ 446,874.00 $ 0.00 $ 446,874.00
Award Fee Pool $ 0.00 $ 0.00 $ 0.00
Earned Award Fee $ 36,433.00 $ 0.00 $ 36,433.00
Total FPAF Amount $ 483,307.00 $ 0.00 $ 483,307.00
Section B.2 FROM BY TO
Cost of CLINs 0001, 0003 and 0004 $1,154,441.00 $ 0.00 $1,154,441.00
Award Fee Pool $ 84,559.00 $ 0.00 $ 84,559.00
Earned Award Fee $ 0.00 $ 0.00 $ 0.00
Total FPAF Amount $1,239,000.00 $ 0.00 $1,239,000.00
Section B.3 FROM BY TO
Cost of CLINs 0001, 0003 and 0004 $ 0.00 $742,057.00 $ 742,057.00
Award Fee Pool $ 0.00 $ 51,943.00 $ 51,943.00
Earned Award Fee $ 0.00 $ 0.00 $ 0.00
Total FPAF Amount $ 0.00 $794,000.00 $ 794,000.00
FROM BY TO
Total Contract Price $1,722,307.00 $794,000.00 $2,516,307.00
D. Except as provided herein, all terms and conditions of this contract, as
previously modified, remain unchanged and in full force and effect.
LITRONIC INDUSTRIES
PURCHASE ORDER WORKSHEET
PO Number:MDA904-97-C-0424, P00008 Customer Number:
Date: June 12, 1998 Customer: NSA
Maryland Procurement Office
Address: 0000 Xxxxxx Xxxx
XXXX XXX
Xxxx Xxxxxx X. Xxxxx, XX 00000-
6000
Buyer: X. Xxxxxx
REMARKS SECTION
1. ADDITIONAL FUNDING FOR FY98. TOTAL CONTRACT AMOUNT IS
$1,239,000.00.
2. PROVIDE COPY TO XXX XXXX.
ITEM PART NUMBER QUANTITY UNIT PRICE DUE DATE TOTAL
0001 See Page 3 of Contract for 184,000.00 N/A $184,000.00
Appropriate Labor Categories
Total Price $184,000.00
Taxable NO
Initiated by: Xxxxxxxx
Rep: Xxxxxxxx
P00006
Page 2 of 3
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 SUPPLIES/SERVICES (Basic period 27 June 1997 - 30 September 1997) is revised
to read:
CLIN ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL
0001 The contractor shall furnish HRS 4,832 XXX $443,445.57
the necessary materials,
facilities, equipment,
supplies, and services of
skilled professional,
technical and support
personnel to fulfill the
requirements set forth in the
Statement of Work for Multi
Level Information System
Security Initiative Crypto
Card System Analysis and
Library and Driver
Architecture and
Development, dated 10
January 1997.
NOTE: The above stated amounts reflect the following revisions:
FROM BY TO
Quantity in hours 4,582 250 4,832
Total Price $421,116.00 $22,329.57 $443,445.57
0001AA Program Manager X XXX $ 118.06 XXXX
0001AB Sr. Electrical Engineer X XXX $ 75.41 XXXX
0001AC Electronic Technician X XXX $ 69.32 XXXX
000lAD Systems Analyst X XXX $ 75.38 XXXX
0001AE Sr. Software Engineer X XXX $ 98.38 XXXX
0001AF Software Engineer X XXX $ 62.60 XXXX
Total Amount CLIN 0001 Not-To-Exceed $443,445.57
0002 Award Fee Earned For the Period $ 36,433.00
0003 Travel For the Job Not-To-Exceed $ 0.00
(Inclusive of Burdens)
NOTE: The above stated amounts reflect the following revisions:
FROM BY TO
$15,000.00 ($15,000.00) $ 0.00
0004 OTHER DIRECT COSTS For the Job Not-To-Exceed $ 3,428.43
(Inclusive of Burdens)
MDA904-97-C-0424
P00005
Page 3 of 3
NOTE 2: TRAVEL shall be reimbursed at cost. Lodging shall be reimbursed at
actual costs meals and incidental expenses shall be reimbursed at the applicable
flat rate. The total of lodging, meals, and incidental expenses shall not exceed
the established rate for each location set forth in the "Federal Travel
Regulations (FTR);" the "Joint Travel Regulations," Volume 2 (JTR); and the
Standardized Regulation (Government Civilians Foreign Areas), Section 925," as
applicable. These costs shall be directly chargeable to this contract in
accordance with the contractor's established method of distributing such costs.
First class travel shall not be reimbursed. Contractor shall be reimbursed for
coach rates only. Travel is non fee bearing. Invoices which request
reimbursement of travel expenses must be accompanied by airline ticket subs,
hotel/motel receipts, and rental car receipts.
SECTION G - CONTRACT ADMINISTRATION DATA
G.l ACCOUNTING AND APPROPRIATION DATA, ACR: AA only, is revised to read:
ACR: AA Obligate
977/80400.4500 574E51 999-2590 S18119 03200106 IX 0000 X22 I20B
Previously Obligated for Section X.x CLINs 0001,, 0003 and 0004 $ 446,874.00
Previously Obligated for Provisional Award Fee Payments $ 21,431.00
DeObligate for Provisional Award Fee Payments This Action ($ 21,43l.00)
Total Amount Obligated for Provisional Award Fee Payments $ 0.00
Previously Obligated for Future Award Fee Payments $ 21,431.00
Deobligate for Future Award Fee Payments $ 2l ,431.00)
Total Amount Obligated for Future Award Fee Payments $ 0.00
Previously Obligated for Award Fee Earned $ 0.00
Obligate for Award Fee Earned This Action $ 36,433.00
Total Amount Obligated for Award Fee Earned $ 36,433.00
Total Amount Previously Obligated for ACR: AA $ 489,736.00
DeObligate ACR: AA This Action ($ 6,429.00)
Total Amount Obligated ACR: AA $ 483,307.00
3. As a result of the foregoing, the total contract value is decreased as
follows:
FROM By TO
Not-To-Exceed $1,339,736.00 ($6,429.00) $1,333,307.00
4. Except as provided for herein, all terms and conditions and provisions remain
unchanged and in full force and effect.
The Performance Evaluation Board discussed Litronic, Inc.'s performance during
the base year award fee period via informal meetings. The conclusions reached
are summarized as follows.
TECHNICAL
Staffing:
. Skilled personnel were assigned to the task, and all subcontracts appear to
have been well managed.
. There were no problems with personnel equipped with inadequate skills working
on the task.
Rating: EXCELLENT
PERFORMANCE:
. System Engineering produced a flexible architecture that was able to respond
to numerous problems.
. Few of the many bugs in the CI Library 1.52b were the result of any
deficiency in Litronic's test engineering process. While Litronic's Software
Engineering Process has some way to go, it certainly was capable of responding
to this particular debugging exercise.
. Litronic is very responsive in addressing support concerns.
. Litronic communicates problems and concerns very well with the Program
Office.
Rating: EXCELLENT
SCHEDULE:
. Contractor had some difficulty in meeting schedule for CI Library 1.52b. As a
result, library release was delayed for several months.
Rating: MARGINAL
COST
. Litronic effectively controlled program costs.
. No problems were evident in Litronic's billing procedures.
. Status reporting is deficient. It is often late, not available, or not
useful. If this problem is not corrected by the next evaluation period, cost
will be further affected.
Rating: GOOD
PERB Recommendations: Litronic, Inc.
Base Year Award Period
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
1. CONTRACT ID CODE
PAGE 1 OF 7 PAGES
2. AMENDMENT MODIFICATION NO. P00004
3. EFFECTIVE DATE: 23 OCT 1997
4. REQUISITION PURCHASE REQ. NO. 16-97-2093 A/3
5. PROJECT NO. (If applicable)
6. ISSUED BY:
Maryland Procurement Office
0000 Xxxxxx Xxxx
Xx. Xxxxx, Md 20755-6000
Attn: N141 (X. Xxxx Xxxxxx) (000) 000-0000
CODE H98230
7. ADMINISTERED BY (If other than Item 6)
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP
Code)
Litronic, Inc.
ATTN: Xxxxx Xxxxxxxx (703-729-1700)
00000 Xxxxxx Xxxxx Xxxxx
Xxxxxxx, XX 00000
(X)
9A. AMENDMENT OF SOLICITATION NO.
9B. DATED (See Item 11)
10A. MODIFICATION OF CONTRACT/ORDER NO.: MDA###-##-####
CODE FACILITY CODE
X10B. DATED (See Item 13): 27 June 1997
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
| | The above numbered solicitations is amended as set forth in Item 14. The
hour and date specified for receipt of Offers | | is extended, | | is not
extended. Xxxxx's must acknowledge receipt of this amendment prior to the hour
and date specified in the solicitation or as amended, by one of the following
methods:
(a) By completing Items 8 and 15, and returning __________ copies of the
amendment; (b) By acknowledging receipt of this amendment on each copy of the
offer submitted; or (c) by separate letter or telegram which includes a
reference to the solicitation and amendment numbers. FAILURE OF YOUR
ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If
by virtue of this amendment you design to change an offer already submitted,
such change may be made by telegram or letter, provided each telegram or letter
makes reference to the solicitation and this amendment, and is received prior to
the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required) Obligate $850,000.00
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACT/ORDERS, IT MODIFIES THE
CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
(X)
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES
SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE
ADMINISTRATIVE CHANGES (such as changes in paying office, appropriate
date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR
43.103(b)
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
(X) D. OTHER (Specify type of modification and authority)
FAR 43.103 (a) Bilateral Modification.
E. IMPORTANT: Contractor | | is not, |X| is required to sign this document
and return 3 copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings,
including solicitation/contract subject matter where feasible).
A. The purpose of this modification is to:
1. Reduce the quantity of hours in section H.13 paragraph (b) OPTION I,
2. Exercise a portion of the option under section H.13 paragraph (b) OPTION I,
in the FPAF amount of $850,000.00.
3. Add OPTION 3 for additional level of effort in Fiscal Year 1998 in the amount
of $391,112.00.
B. Accordingly, this contract is hereby modified as follows.
(Continued on following page)
15.A NAME AND TITLE OF SIGNER (type or print)
Xxxxx X. Xxxxxxxx
Director, Business Development
15B CONTRACTING OFFICER
BY /S/ XXXXX X. XXXXXXXX
---------------------
(Signature of personal authorized to sign this form)
15C. DATE SIGNED 03 Oct. 1997
16A. NAME AND TITLE OF CONTRACTING OFFICER (type or print)
Xxxxxxx X. Xxxxx
16B UNITED STATES OF AMERICA
BY /S/ XXXXXXX X. XXXXX
--------------------
16C. DATE SIGNED 03 Oct. 1997
MDA904-97-C-0424
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Page 2 of 7
PART I - Reduce the Level Of Effort under H.13 paragraph (b) OPTION I
OPTION I - FISCAL YEAR 1998 (1 OCTOBER 1997 - 30 SEPTEMBER 1998) is hereby
restated as follows.
CLIN ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL
0001 The contractor shall furnish HRS 7864 XXX $738,500.00
the necessary materials,
facilities, equipment,
supplies, and services of
skilled professional,
technical and support
personnel to fulfill the
requirements set forth in the
Statement of Work for Multi
Level Information System
Security Initiative Crypto
NOTE: The above stated amounts reflect the following revisions:
FROM BY TO
Quantity in hours 11,400 (3,536) 7864
Total Price $1,071,465.00 ($332,965.00) $738,500.00
0001AA Program Manager X XXX $ 118.06 XXXX
0001AB Sr. Electrical Engineer X XXX $ 75.41 XXXX
0001AC Electronic Technician X XXX $ 69.32 XXXX
0001AD Systems Analyst X XXX $ 75.38 XXXX
0001AE Sr. Software Engineer X XXX $ 98.38 XXXX
0001AF Software Engineer X XXX $ 62.60 XXXX
Total Amount CLIN 0001 Not-To-Exceed $738,500.00
MDA904-97-C-0494
P00004
Page 3 of 7
0002 Award Fee Pool, to be For the Period $ 73,850.00
determined in accordance
with the Award Fee
Determination Plan for Multi
Level Information System
Security Initiative Crypto
Card System Analysis and
Library and Driver
NOTE: The above stated amounts reflect the following revisions:
FROM BY TO
$ 107,147.00 ($33,297.00) $ 73,850.00
0003 Travel For the Job Not-To-Exceed $ 25,150.00
(Inclusive of Burdens)
NOTE: The above stated amounts reflect the following revisions:
FROM BY TO
$ 550,000.00 ($24,850.00) $ 25,150.00
0004 OTHER DIRECT COSTS For the Job Not-To-Exceed $ 12,500.00
(Inclusive of Burdens)
NOTE: The above staled amounts reflect the following revisions:
FROM BY TO
$ 12,500.00 ($0.00) $ 25,150.00
0005 Date, in accordance with the For the Lot Not-Separately-Priced
Contract Data Requirements
List (CDRL), DD Form
1423, dated 13 February 1997
MDA904-97-C-0424
P00004
Page 4 of 7
PART II -Exercise the option under H.13 paragraph (b) OPTION 1.
SECTION B - SUPPLIES/SERVICES AND PRICES
B.2 SUPPLIES/SERVICES - Fiscal Year 1998 (1 October 1997 - 30 September 1998) is
hereby added to this contract as follows.
CLIN ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL
0001 The contractor shall furnish HRS 7864 XXX $738,500.00
the necessary materials,
facilities, equipment,
supplies, and services of
skilled professional,
technical and support
personnel to fulfill the
requirements set forth in the
Statement of Work for Multi
Level Information System
Security Initiative Crypto
Card System Analysis and
Library and Driver Architecture
and Development, dated 10
January 1997.
0001AA Program Manager X XX $ 118.06 XXXX
0001AB Sr. Electrical Engineer X XXX $ 75.41 XXXX
0001AC Electronic Technician X XXX $ 69.32 XXXX
0001AD Systems Analyst X XXX $ 75.38 XXXX
0001AE Sr. Software Engineer X XXX $ 98.38 XXXX
0001AF Software Engineer X XXX $ 62.60 XXXX
Total Amount CLIN 0001 Not-To-Exceed $738,500.00
0002 Award Fee Pool, to be determined For the Period $73,850.00
in accordance with the Award Fee
Determination Plan for Multi
Level Information System
Security Initiative Crypto Card
System Analysis and Library and
Driver Architecture and
Development, dated 10 June
1997 (Rev. 2). There shall be one
evaluation for the period of 1
October 1997 - 30 September
1998. The contractor is authorized
to bill for up to 50% of the
available award fee ($36,925.00),
on a monthly basis in equal
amounts of $3,077.08.
MDA904-97-C-0424
P00004
Page 5 of 7
CLIN ITEM DESCRIPTION UNIT QTY PRICE TOTAL
0003 Travel For the Job Not-To-Exceed
$25,150.00
(Inclusive Of Burdens)
0004 Other Direct Costs For the Job Not-To-Exceed
$12,500.00
(Inclusive of Burdens)
0005 Data, in accordance with the Con- For the Lot Not-Separately-Priced
tract Data Requirements List
(CDRL), DD Form 1423, dated
13 February 1997
SECTION F - DELIVERIES OR PERFORMANCE
F.3 352.211-90004 PERIOD OF PERFORMANCE (OCT 1990) - ALTERNATE III (OCT 1990)
is hereby restated as follows.
The period of performance shall extend from the date of contract award to 30
September 1998, unless performance is sooner terminated under the terms of the
contract. However, the Government reserves the right to exercise the option to
renew the contract for up to one (1) year, as set forth elsewhere in this
contract.
SECTION G - CONTRACT ADMINISTRATION DATA
G.1 ACCOUNTING AND APPROPRIATION DATA has the following fund cite added.
ACR: AB Obligate
978/90400.4500 584E51 999-2520 S18119 04700400 IX 0000 X22 I25D
PR I69720930003
Obligated for section B.2 CLINs 0001, 0003 and 0004 $776,150.00
Obligated for Provisional Award Fee Payments $ 36,925.00
Obligated for Future Award Fee Payments $ 36,925.00
Total Amount Obligated $850,000.00
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.13 OPTION TO EXTEND THE TERM OF THE CONTRACT paragraph (b) OPTION 1 only, as
restated in PART I of this modification, is hereby deleted in its entirety.
PART III - Add OPTION 3
H.13 OPTION TO EXTEND THE TERM OF THE CONTRACT paragraph (b) OPTION 3 is hereby
added to this contract as follows.
MDA904-97-C-0424
P00004
Page 6 of 7
OPTION 3 - FISCAL YEAR 1998 (1 OCTOBER 1997 - 30 SEPTEMBER 1998).
CLIN ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL
0001 The contractor shall furnish HRS 3,536 XXX $332,965.00
the necessary materials,
facilities, equipment, supplies,
and services or skilled
professional, technical and
support personnel to fulfill
the requirements set forth in the
Statement of Work for Multi
Level Information System
Security Initiative Crypto Card
System Analysis and Library and
Driver Architecture and
Development, dated 10 January 1997.
0001AA Program Manager X XXX $ 118.06 XXXX
0001AB Sr. Electrical Engineer X XXX $ 75.41 XXXX
0001AC Electronic Technician X XXX $ 69.32
0001AD Systems Analyst X XXX $ 75.38 XXXX
0001AE Sr. Software Engineer X XXX $ 98.38
0001AF Software Engineer X XXX $ 62.60 XXXX
Total Amount CLIN 0001 Not-To-Exceed $332,965.00
0002 Award Fee Pool, to be For the Period $ 33,297.00
determined in accordance
with the Award Fee
Determination Plan for Multi
Level Information System
Security Initiative Crypto
Card System Analysis and
Library and Driver Architecture and
Development, dated 10 June
1997 (Rev. 2).
0003 Travel For the Job Not-To-Exceed $ 24,850.00
(Inclusive of Burdens)
0004 Other Direct Costs For the Job Not-To-Exceed $ 0.00
(Inclusive of Burdens)
0005 Date, in accordance with the For the Lot Not-Separately-Priced
Contract Data Requirements
List (CDRL), DD Form
1423, dated 13 February 1997
MDA904-97-C-0424
P00004
Page 7 of 7
C. As a result of the foregoing, the total contract price is restated as
follows..
Section X.x FROM BY TO
Cost of CLINs 0001 0003 and 0004 $338,465.00 $ 0.00 $ 338,465.00
Award Fee Pool $ 31,271.00 $ 0.00 $ 31,271.00
Earned Award Fee $ 0.00 $ 0.00 $ 0.00
Total CPAF Amount $369,736.00 $ 0.00 $ 369,736.00
Section B.2 FROM BY TO
Cost of CLINs 0001, 0003 and 0004 $ 0.00 $776.150.00 $ 776.150.00
Award Fee Pool $ 0.00 $ 73,850.00 $ 73,850.00
Earned Award Fee $ 0.00 $ 0.00 $ 0.00
Total CPAF Amount $ 0.00 $850,000.00 $ 850.000.00
FROM BY TO
Total Contract Price $489,736.00 $850,000.00 $1,339,736.00
D. Except as provided herein, all terms and conditions of this contract, as
previously modified, remain unchanged and in full force and effect.
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
1. CONTRACT ID CODE
PAGE 1 OF 3 PAGES
2. AMENDMENT MODIFICATION NO. P00003
3. EFFECTIVE DATE: 15 SEP 1997
4. REQUISITION PURCHASE REQ. NO. 00-00-0000-0000
5. PROJECT NO. (If applicable)
6. ISSUED BY:
Maryland Procurement Office
0000 Xxxxxx Xx., FANX III
Ft. Xxxxxx X. Xxxxx, MD 20755-6000
Attn: N141 (MLM)
CODE H98230
7. ADMINISTERED BY (If other than Item 6)
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)
LITRONIC, INC.
ATTN: XXXXX XXXXXXXX (703-729-1700)
00000 XXXXXX XXXXX XXXXX
XXXXXXX, XX 00000
(X)
9A. AMENDMENT OF SOLICITATION NO.
9B. DATED (See Item 11)
10A. MODIFICATION OF CONTRACT/ORDER NO.: MDA###-##-####
CODE FACILITY CODE
X10B. DATED (See Item 13): 27 June 1997
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
| | The above numbered solicitations is amended as set forth in Item 14. The
hour and date specified for receipt of Offers | | is extended, | | is not
extended.
Xxxxx's must acknowledge receipt of this amendment prior to the hour and date
specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning __________ copies of the
amendment; (b) By acknowledging receipt of this amendment on each copy of the
offer submitted; or (c) by separate letter or telegram which includes a
reference to the solicitation and amendment numbers. FAILURE OF YOUR
ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If
by virtue of this amendment you design to change an offer already submitted,
such change may be made by telegram or letter, provided each telegram or letter
makes reference to the solicitation and this amendment, and is received prior to
the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required) SEE PAGE 2 Obligate:
$75,000.00
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACT/ORDERS, IT MODIFIES THE
CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
(X)
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES
SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE
ADMINISTRATIVE CHANGES (such as changes in paying office, appropriate date,
etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b)
(X) C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
FAR 43.103(a)
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor | | is not, |X| is required to sign this
document and return 3 copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings,
including solicitation/contract subject matter where feasible).
A. The purpose of this modification is to:
1. The purpose of this modification is to provide additional funds to increase
the level of effort and to change the subcontract number of page 2 of the
basis contract from SB0920-96-602356 to SB0920-97-706672.
2. Accordingly, the following sections are hereby modified: SEE PAGE 2
Except as provided herein all terms and conditions of the document referenced in
Item 9A or 10A, as heretofore changed, remains unchanged and in full force and
effect.
15A NAME AND TITLE OF SIGNER (type or print)
Xxxxx X. Xxxxxxxx
Director, Business Development
15B CONTRACTING OFFICER
BY /S/ XXXXX X. XXXXXXXX
---------------------
(Signature of personal authorized to sign this form)
15C. DATE SIGNED 12 SEP 1997
16A. NAME AND TITLE OF CONTRACTING OFFICER (type or print)
XXXXXXX X. XXXXX
16B UNITED STATES OF AMERICA
BY /S/ XXXXXXX X. XXXXX
--------------------
16C. DATE SIGNED 15 Sept. 199_
page 2
MDA904-97-C-0424/ P00003
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
X.x SUPPLIES/SERVICES, CLINs 0001 and 0002 only, are revised as follows:
UNIT
CLIN SUPPLIES/SERVICES UNIT QTY PRICE TOTAL
0001 The Contractor shall furnish the HRS From 3873 XXX From $353,616.00
necessary materials, facilities, By 709 By $ 67,500.00
equipment, supplies and services To 4582 To $421,116.00
and services of skilled professional,
technical and support personnel to
fulfill the requirements set forth in
the Statement of Work entitled, "Multi
Level Information System Security
Initiative Crypto Card System Analysis
and Library and Driver Architecture
and Development," dated 10 January
1997 and the documents referenced in
Section C. The contractors's management
shall provide for the effective
timely and integrated implementation
of contract requirements.
0001AA Program Manager X XX $118.06 XXXX
0001AB Sr. Electrical Eng. X XX $ 75.41 XXXX
0001AC Electronic Technician X XX $ 69.32 XXXX
0001AD Systems Analyst X XX $ 75.38 XXXX
0001AE Sr. Software Engineer X XX $ 98.38 XXXX
0001AF Software Engineer X XX $ 62.60 XXXX
Total Amount CLIN 0001 Not-To-Exceed $421,116.00
0002 Award Fee Pool, to be determined in For the Period From $ 35,362.00
accordance with the Award Fee Plan By $ 7,500.00
for Multi-Level Information System To $ 42,862.00
Security Initiative Crypto Card
System Analysis and Library and Driver
Architecture and Development dated 10 June
1997 (Rev. 2). There shall be one
evaluation of performance at the end of the
period of performance (Date of contract award
through 30 September 1997.) If the
Government exercises the options to extend
the term of the contract, there shall be an
evaluation of performance at the conclusion
of each option year. The contractor is
authorized to bill for up to 50% of
the available award fee ($21,431.00), on a
monthly basis in equal amounts of $5,357.75.
SECTION G - CONTRACT ADMINISTRATION DATA
G1 ACCOUNTING AND APPROPRIATION DATA is revised as follows:
ACR: AA Obligate
977/780400.4500 574E l 999-2520 S18119 03200106 IX 0000
X22 I20B
PR: I6-97-2093-0002 From By To
Obligated for CLINs 0001, 0003 and 0004 $379,374.00 $67,500.00 $446,874.00
Obligated for Provisional Award Fee Payments $ 17,681.00 $ 3,750.00 $ 21,431.00
Obligated for Future Award Fee Payments $ 17,681.00 $ 3,750.00 $ 21,431.00
Total Amount Obligated $414,736.00 $75,000.00 $489,736.00
page 3
MDA904-97-C-0424/ P00003
G.2 352.216-9007 NOTICE: AWARD FEE FUNDING (JUL 1993) is restated as follows:
Funds in the amount of $21.431.00 have been obligated under this contract
towards future award fee determinations but are not available for the Contractor
to bill against or incur costs against. Obligated award fee funds identified
above will be released to the Contractor via subsequent modifications after the
Government has rendered an award fee determination in accordance with the Award
Fee Plan currently in force under this contract. Upon receipt of the
aforementioned modifications, the Contractor is authorized to bill for the
earned fee.
3. As a result of this modification, total contract value is increased as
follows:
FROM BY TO
FFP (XXX) $414,736.00 $75,000.00 $489,736.00
4. Except as provided herein all other terms and conditions of the subject
contract remain unchanged and in full force.
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
1. CONTRACT ID CODE
PAGE 1 OF 3 PAGES
2. AMENDMENT MODIFICATION NO. P00002
3. EFFECTIVE DATE: 04 SEP 1997
4. REQUISITION PURCHASE REQ. NO. 00-00-0000-0000
5. PROJECT NO. (If applicable)
6. ISSUED BY:
Maryland Procurement Office
0000 Xxxxxx Xx., FANX III
Ft. Xxxxxx X. Xxxxx, Md 20755-6000
Attn: N141 (MLM)
CODE H98230
7. ADMINISTERED BY (If other than Item 6)
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)
LITRONIC, INC.
ATTN: XXXXX XXXXXXXX (703-729-1700)
00000 XXXXXX XXXXX XXXXX
XXXXXXX, XX 00000
(X)
9A. AMENDMENT OF SOLICITATION NO.
9B. DATED (See Item 11)
10A. MODIFICATION OF CONTRACT/ORDER NO.: MDA###-##-####
CODE FACILITY CODE
X10B. DATED (See Item 13): 27 June 1997
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
| | The above numbered solicitations is amended as set forth in Item 14. The
hour and date specified for receipt of Offers | | is extended, | | is not
extended.
Xxxxx's must acknowledge receipt of this amendment prior to the hour and date
specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning __________ copies of the
amendment; (b) By acknowledging receipt of this amendment on each copy of the
offer submitted; or (c) by separate letter or telegram which includes a
reference to the solicitation and amendment numbers. FAILURE OF YOUR
ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If
by virtue of this amendment you design to change an offer already submitted,
such change may be made by telegram or letter, provided each telegram or letter
makes reference to the solicitation and this amendment, and is received prior to
the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
SEE PAGE 2 Obligate: $45,000.00
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACT/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
(X)
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES
SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE
ADMINISTRATIVE CHANGES (such as changes in paying office, appropriate date,
etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b)
(X) C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
FAR 43.103(a)
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor | | is not, |X| is required to sign this
document and return 3 copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings,
including solicitation/contract subject matter where feasible).
1. The purpose of this modification is to provide additional funds to
increase the level of effort.
2. Accordingly, the following sections are hereby modified: SEE PAGE 2
Except as provided herein all terms and conditions of the document referenced in
Item 9A or 10A, as heretofore changed, remains unchanged and in full force and
effect.
15.A NAME AND TITLE OF SIGNER (type or print)
Xxxxx X. Xxxxxxxx
Director, Business Development
15B CONTRACTING OFFICER
BY /S/ XXXXX X. XXXXXXXX
---------------------
(Signature of personal authorized to sign this form)
15C. DATE SIGNED 03 SEP 1997
16A. NAME AND TITLE OF CONTRACTING OFFICER (type or print)
Xxxxxxx X. Xxxxx
16B UNITED STATES OF AMERICA
BY /S/ XXXXXXX X. XXXXXX
---------------------
16C. DATE SIGNED 04 SEP 1997
page 2
MDA904-97-C-0424 / P00003
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 SUPPLIES/SERVICES, CLINs 0001 and 0002 only arc revised as follows:
UNIT
CLIN SUPPLIES/SERVICES UNIT QTY PRICE TOTAL
0001 The contractor shall furnish the HRS From 3425 XXX From
$312,707.00
necessary materials, Facilities By 448 By $ 40,909.00
equipment, supplies and To 3873 To $353,616.00
services of skilled professional,
technical and support personnel to
fulfill the requirements set forth in
the Statement or work entitled, "Multi
Level Information System Security Initiative
Crypto Card System Analysis and
Library and Driver Architecture and
Development," dated 10 January
1997 and the documents referenced
in Section C. The contractor's management
shall provide for the effective timely and
integrated implementation of contract requirements
0001AA Program Manager X XX $ 118.06 XXXX
0001AB Sr. Electrical Eng. X XX $ 75.41
XXXX
0001AC Electronic Technician X XX $ 69.32
XXXX
0001AD Systems Analyst X XX $ 75.38 XXXX
0001AE Sr. Software Engineer X XX $ 98.38 XXXX
0001AF Software Engineer X XX $ 62.60
XXXX
Total Amount CLIN 0001 Not-To-Exceed $343,616.00
0002 Award Fee Pool, to be determined in For the Period From $ 31,271.00
accordance with the Award Fee Plan By $ 4,091.00
for Multi-Level Information System To $ 35,362.00
Security Initiative Crypto Card
System Analysis and Library and Driver
Architecture and Development, dated 10 June
1997 (Rev. 2). There shall be one evaluation of
performance at the end of the period of performance
(Date of contract award through 30 September
1997.) If the Government exercises the
options to extend the term of the contract, there
shall be an evaluation of performance at the
conclusion of each option year. The contractor
is authorized to bill for up to 50% of
the available award fee ($17,681.00), on a
monthly basis in equal amounts of $4,420.25.
SECTION G - CONTRACT ADMINISTRATION DATA
G.1 ACCOUNTING AND APPROPRIATION DATA is revised as follows:
ACR: AA Obligate
977/780400.4500 574E51 999-2520 S18119 03200106 IX 0000
X22 120B
PR: I6-97-2093-0001 From By To
Obligated for CLINs 0001, 0003 and 0004 $338,465.00 $40,909.00 $379,374.00
Obligated for Provisional Award
Fee Payments $ 15,635.50 $ 2,045.50 $ 17,681.00
Obligated for Future Award Fee Payments $ 15,635.50 $ 2,045.50 $ 17,681.00
Total Amount Obligated $369,736.00 $45,000.00 $414,736.00
page 3
MDA904-97-C-0424 / P00002
G.2 352.216-9007 NOTICE: AWARD FEE FUNDING (JUL 1993) is restated as follows:
Funds in the amount of $17,681.00 have been obligated under this contract
towards future award fee determinations but are not available for the Contractor
to bill against or incur costs against. Obligated award fee funds identified
above will be released to the Contractor via subsequent modifications after the
Government has rendered an award fee determination in accordance with the Award
Fee Plan currently in force under this contract. Upon receipt of the
aforementioned modifications, the Contractor is authorized to bill for the
earned fee.
3. As a result of this modification, total contract value is increased as
follows:
FROM BY TO
FFP (XXX) $369,736.00 $45,000.00
$414,736.00
4. Except as provided herein all other terms and conditions of the subject
contract remain unchanged and in full force.
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
1. CONTRACT ID CODE
PAGE 1 OF 3 PAGES
2. AMENDMENT MODIFICATION NO. P00001
3. EFFECTIVE DATE: 03 JULY 1997
4. REQUISITION PURCHASE REQ. NO. N/A
5. PROJECT NO. (If applicable)
6. ISSUED BY:
Maryland Procurement Office
0000 Xxxxxx Xx., FANX III
Ft. Xxxxxx X. Xxxxx, MD 20755-6000
Attn: N141 (MLM)
CODE H98230
7. ADMINISTERED BY (If other than Item 6)
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)
LITRONIC, INC.
ATTN: XXXXX XXXXXXXX (703-729-1700)
00000 XXXXXX XXXXX XXXXX
XXXXXXX, XX 00000
(X)
9A. AMENDMENT OF SOLICITATION NO.
9B. DATED (See Item 11)
10A. MODIFICATION OF CONTRACT/ORDER NO.: MDA904-97-C-0424
CODE FACILITY CODE
X10B. DATED (See Item 13): 27 June 1997
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
| | The above numbered solicitations is amended as set forth in Item 14. The
hour and date specified for receipt of Offers | | is extended, | | is not
extended.
Xxxxx's must acknowledge receipt of this amendment prior to the hour and date
specified in the solicitation or as amended, by one of the following
methods:
(a) By completing Items 8 and 15, and returning __________ copies of the
amendment; (b) By acknowledging receipt of this amendment on each copy of the
offer submitted; or (c) by separate letter or telegram which includes a
reference to the solicitation and amendment numbers. FAILURE OF YOUR
ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If
by virtue of this amendment you design to change an offer already submitted,
such change may be made by telegram or letter, provided each telegram or letter
makes reference to the solicitation and this amendment, and is received prior to
the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required) N/A Obligate: N/A
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACT/ORDERS, IT MODIFIES THE
CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
(X)
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES
SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE
ADMINISTRATIVE CHANGES (such as changes in paying office, appropriate date,
etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b)
(X) C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
FAR 43.103(a)
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor | | is not, |X| is required to sign this
document and return 3 copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings,
including solicitation/contract subject matter where feasible).
1. The purpose of this modification is to incorporate the requirements of the
attached Contract Security Classifications Specification DD Form 254, dated
23 June 1997.
2. Accordingly, the following sections are hereby modified: SEE PAGE 2
Except as provided herein all terms and conditions of the document referenced in
Item 9A or 10A, as heretofore changed, remains unchanged and in full force and
effect.
15A NAME AND TITLE OF SIGNER (type or print)
Xxxxx X. Xxxxxxxx
Director, Business Development
15B CONTRACTING OFFICER
BY /S/ XXXXX X. XXXXXXXX
---------------------
(Signature of personal authorized to sign this form)
15C. DATE SIGNED 7/3/97
16A. NAME AND TITLE OF CONTRACTING OFFICER (type or print)
XXXXX X. XXXXXXX
Contracting Officer
16B UNITED STATES OF AMERICA
BY /S/ XXXXX X. XXXXXXX
--------------------
(Signature of Contracting Officer)
16C. DATE SIGNED 03 JUL 1997
page 2
MDA904-97-C-0424 / P00001
SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENTS is revised to add:
C.4 Contract Security Classification Specification, DD Form 254, dated 23 June
1997.
SECTION D - PACKAGING AND MARKING is revised to add:
D.3 352.247-9004 PACKING AND SHIPPING (OCT 1993)
(a) Packing
(1) Material shall be packed by personnel duly cleared for the level of
classification in question, to conceal it properly and to avoid suspicion as to
its contents, and to reach destination in satisfactory condition. Internal
markings or internal packaging will clearly indicate the classification. NO
NOTATION TO INDICATE THE CLASSIFICATION SHALL APPEAR ON EXTERNAL MARKINGS.
(2) Documents shall be enclosed in two sealed envelopes or covers. Typewritten
or printed matter in the contents shall be protected by a cover sheet or by
folding inward to avoid direct contact with the inner envelope or cover. The
inner cover shall be addressed, return addressed, sealed and marked with the
security classification on front and back so that the marking will be easily
seen when the outer cover is removed. Receipt for, if required, shall be
enclosed identifying the addressor, addressee, and listing the contents by short
title. The outer envelope or cover shall be of sufficient opaqueness and density
as to prevent the classification marking of the inner cover from being visible
and shall be addressed, return addressed, and carefully sealed with no markings
or notations.
(b) Shipping
(1) Classified material shall be shipped in accordance with the Industrial
Security Manual for Safeguarding Classified Material and Security Guidelines
contained in DD Form 254.
(2) Unclassified material shall be shipped in accordance with the Contractor's
best commercial practices to insure safe arrival at destination.
page 3
MDA904-97-C-0424 / P00001
SECTION H- SPECIAL CONTRACT REQUIREMENTS is revised to add:
H.16 352.290-9001 RETENTION OF INFORMATION (OCT 1993)
After completion of the contract, the Contractor shall not retain in his
possession (unless specified by the contract document) any drawings, sketches,
prints, reports, or other data developed under this contract without written
approval of the Contracting Officer, or his duly authorized representative.
SECTION I - CONTRACT CLAUSES
1.5 REFERENCED CLAUSES - WHEN APPLICABLE is revised to add:
52.204-2 Security Requirements (AUG 1996)
3. As a result of this modification, total contract value is unchanged.
4. Except as provided herein all other terms and conditions of the subject
contract remain unchanged and in full force.
DEPARTMENT OF DEFENSE CONTRACT SECURITY CLASSIFICATION SPECIFICATION (The
requirements of the DoD industrial Security Manual apply to all security aspects
of this effort)
1. CLEARANCE AND SAFEGUARDING
a. FACILITY CLEARANCE REQUIRED: SECRET
b. LEVEL OF SAFEGUARDING REQUIRED: SECRET
2. USERS SPECIFICATION IS FOR: (x and complete as applicable)
X a. PRIME CONTRACT NUMBER: MDA904-97-C-0424
b. SUBCONTRACT NUMBER
c. SOLITATION OR OTHER NUMBER
DUE DATE (YYMMDD)
3. THIS SPECIFICATION IS: (X and complete as applicable)
X a. ORIGINAL (Complete date in all cases) DATE (YYMMDD): 970623
b. REVISED (Supercedes all previous specs) / Revision No. / DATE (YYMMDD)
c. FINAL (Complete Item 5 in all cases) / DATE
4. IS THIS A FOLLOW-ON CONTRACT? X YES; NO. IF YES, complete the
---
following:
Classified material received or generated under MDA904-95-C-4074 .
---------------------------
(Preceding Contract Number) is transferred to this follow-on contract.
5. IS THIS A FINAL DD FORM 254: ______ YES; X NO. If Yes,
------------
complete the following:
In response to the contractor's request date _____________________, retention
of the identified classified material is authorized for the period of
_______________________.
6. CONTRACTOR (Include Commercial and Government Entity (CAGE) Code)
a. NAME, ADDRESS, AND ZIP CODE
Litronic Industries
0000 Xxxxxxx Xxxxxx
Xxxxx Xxxx, XX 00000-0000
x. XXXX CODE:
4F972
c. COGNIZANT SECURITY OFFICE (Name, Address, and Zip Code)
Defensive Investigative Service
Industrial Secuiryt Field Office, San Diego
00000 X. Xxxxxxxx Xxxxx, Xxxxx 000
Xxx Xxxxx, XX 00000-0000
7. SUBCONTRACTOR
a. NAME, ADDRESS AND ZIP CODE:
x. XXXX CODE:
c. COGNIZANT SECURITY OFFICE (Name, Address, and Zip Code)
8. ACTUAL PERFORMANCE
a. LOCATION:
x. XXXX CODE:
c. COGNIZANT SECURITY OFFICE (Name, Address, and Zip Code)
9. GENERAL IDENTIFICATION OF THIS PROCUREMENT
Multi Level Information System Security Initiative Crypto Card System Analysis,
and Library and Driver Architecture and Development.
10.THIS CONTRACT WILL REQUIRES ACCESS TO: YES NO
a. COMMUNICATIONS SECURITY (COMSEC) INFORMATION: X
b. RESTRICTED DATA X
c. CRITICAL NUCLEAR WEAPON DESIGN INFORMATION X
d. FORMERLY RESTRICTED DATA X
e. INTELLIGENCE INFORMATION:
(1) Sensitive Compartmented Information (SCI) X
(2) Non-SCI X
f. SPECIAL ACCESS INFORMATION X
g. NATO INFORMATION X
h. FOREIGN GOVERNMENT INFORMATION X
i. LIMITED DISSEMINATION INFORMATION X
j. FOR OFFICIAL USE ONLY INFORMATION X
k. OTHER (Specify
00.XX PERFORMING THIS CONTRACT, THE CONTRACTOR WILL: YES NO
a. HAVE ACCESS TO CLASSIFIED INFORMATION ONLY AT
ANOTHER CONTRACTOR'S FACILITY OR A GOVERNMENT
ACTIVITY X
b. RECEIVE CLASSIFIED DOCUMENTS ONLY X
c. RECEIVE AND GENERATE CLASSIFIED MATERIAL X
d. FABRICATE MODIFY, OR STORE CLASSIFIED HARDWARE X
e. PERFORM SERVICES ONLY X
f. HAVE ACCESS TO U.S. CLASSIFIED INFORMATION
OUTSIDE THE U.S., PUERTO RICO, U.S. POSSESSIONS AND
TRUST TERRITORIES X
g. BE AUTHORIZED TO USE THE SERVICES OF DEFENSE
TECHNICAL INFORMATION CENTER (DTIC) OR OTHER
SECONDARY DISTRIBUTION CENTER X
h. REQUIRE A COMSEC ACCOUNT X
i. HAVE TEMPEST REQUIREMENTS X
j. HAVE OPERATIONS SECURITY (OPSEC) REQUIREMENTS X
k. BE AUTHORIZED TO USE THE DEFENSE COURIER
SERVICE X
l. OTHER (Specify)
12. PUBLIC RELEASE. Any information (classified or unclassified) pertaining to
this contract shall not be released for public dissemination except as provided
by the Industrial Security Manual or unless it has been approved for public
release by appropriate U.S. Government authority. Proposed public releases
shall be submitted for approval prior to release
X DIRECT ____________________ Through (Specify)
Proposed public releases shall be submitted for approval prior to release
direct to the Contracting Officer.
to the Directorate for Freedom of Information and Security Review, Office of
the Assistant Secretary of Defense (Public Affairs)* for review.
* In the case of non DoD User Agencies, requests for disclosure shall be
submitted to that agency.
13. SECURITY GUIDANCE. The security classification guidance needed for this
classified effort is identified below. If any difficulty is encountered in
applying this guidance or if any other contributing factor indicates a need for
changes in this guidance, the contractor is authorized and encouraged to provide
recommended changes; to challenge the guidance or the classification assigned to
any information or material furnished or generated under this contract; and to
submit any questions for interpretation of this guidance to the official
identified below. Pending final decision, the information involved shall be
handled and protected at the highest level of classification assigned or
recommended. (Fill in appropriate for the classified effort. Attach, or
forward under separate correspondence, any documents/guides/extracts referenced
herein. Add additional pages as needed to provide complete guidance)
Additional security requirements begin on page 3.
Classified AIS Processing Will Be Involved?
X YES ________ NO
-------
Annual Review of This Form Required
______ NO X YES (date) One year ADAD
------ -------------------
TYPED NAME, TITLE AND SIGNATURE OF
PROGRAM/PROJECT MANAGER/COR OR OTHER
DESIGNATED OFFICIAL
Xxxx Xxxxxxxxx
Program Manager
/s/ XXXX XXXXXXXXX
ACTIVITY NAME ADDRESS, ZIP CODE, TELEPHONE
NUMBER AND OFFICE SYMBOL
Director, National Security Agency
0000 Xxxxxx Xxxx, Xxxx: X00
Fort Xxxxxx X. Xxxxx, MD 20755-6733 (000) 000-0000
ONLY AUTHORIZED NSA CONTRACTING OFFICERS MAY SERVE AS CERTIFYING OFFICIALS FOR
NSA SCI CONTRACTS AND SUBCONTRACTS.
14.ADDITIONAL SECURITY REQUIREMENTS.
Requirements, in addition to ISM requirements, are established
Attachment A
September 1996
SECURE TELECOMMUNICATION REQUIREMENTS
Secure telecommunications are required as this contract involves access to
classified information or sensitive unclassified, Government or Government-
derived information at the contractor facility. These requirements apply to the
use of Government contractor telecommunications equipment over which classified
information or sensitive unclassified Government or Government-derived
information is transmitted.
The following definitions apply:
Telecommunications: Preparation, transmission, communication, or related
processing of information (writing, images, sounds or other data) by electrical
electromagnetic, electromechanical, electro-optical or electronic means.
"Government Contractor" telecommunications: Voice and data telecommunications
between or among Federal Government Agencies and their
contractor/subcontractors. This includes management information processing
systems and local data networks.
"Secured" means the application of communications security (COMSEC) equipments,
devices or techniques to telecommunications or information processing systems
over which classified information is transmitted.
"Protected" means the application of National Security Agency (NSA) approved
protection equipment, devices or techniques to contractor telecommunications
over which sensitive unclassified, Government or Government-derived information
is transmitted.
"Sensitive unclassified, Government or Government derived information" is
defined as any information, the loss, misuse or unauthorized access to, or
modification of which might adversely affect the U.S. national interest, the
conduct of DoD programs or the privacy of DoD personnel.
A COMSEC account is required for this contract. The NSA Central Office of Record
has primary responsibility for auditing all COMSEC material held in this
account. NSA will ensure that all Government contractor secure
telecommunications facilities are operated in accordance with NSA requirements.
The contractor or subcontractor shall comply with DoD 5220.22-A, COMSEC Annex to
the National Industrial Security Program Operating Manual, dated June 1995.
Equipment, devices, techniques and services required for securing or protecting
contractor telecommunications will be acquired only from
for this contract. (If Yes, identify the pertinent contractual clauses in the
contract document itself, or provide an appropriate statement which identifies
the additional requirements. Provide a copy of the requirements to the cognizant
security office. Use Item 13 if additional space is needed.) X YES NO____
-
15. INSPECTIONS. Elements of this contract are outside the inspection
responsibility of the cognizant security office. (If YES , explain and
identify specific areas or elements carved out and the activity responsible for
inspections. Use item 13 if additional space is needed.) X YES ____ NO
-----
16. CERTIFICATION AND SIGNATURE. Security requirements stated herein are
complete and adequate for safeguarding the classified information to be released
or generated under this classified effort. All questions shall be referred to
the official named below.
a. TYPED NAME OF CERTIFYING OFFICIAL
Xxxxx Xxxxxxx
b. TITLE
Contracting Officer
c. TELEPHONE (Include Area Code)
(000) 000-0000
d. ADDRESS (Include Zip Code)
Maryland Procurement Office
0000 Xxxxxx Xxxx
Xxxx Xxxxxx X. Xxxxx, XX 00000-0000
e. SIGNATURE
/S/ XXXXX X. XXXXXXX
17.REQUIRED FOR DISTRIBUTION
X a. Contractor
b. Subcontractor
X c. Cognizant Security Office for Prime and Subcontractor
d. U.S. Activity Responsible for Overseas Security Administration
X e. Administrative Contracting Officer
X x. Others As Necessary S412, DCS
sources listed in the NSA Information Systems Security Products and Services
Catalog. Contractors shall comply with the STU-III Doctrine or other
appropriate doctrine.
Keying materials required for the operation of secured and protected
telecommunications systems will be furnished by the government. A Defense
Courier Service account may be required for shipment of this material.
The prime contractor shall include requirements that conform with this DD254 in
all subcontracts that require secured or protected equipment or services.
COMSEC incidents will be reported as follows: The contractor shall make an
immediate telephonic notification to NSA of any incident or violation of COMSEC
requirements. Notification will be made to the Office of COMSEC Insecurities on
(000) 000-0000. Violations or possible compromises of COMSEC information should
also be reported to S41 at (000) 000-0000 or the NSA Support Services Operations
Center, Security Duty Officer at (000) 000-0000. A follow-up written report is
required and shall be appropriately classified. Specific guidance as to proper
classification will be provided by NSA. The report shall be submitted to the
Contracting Officer, ATTN: V514 and the appropriate Defense Investigative
Service (DIS) Cognizant Security Office. If accountable COMSEC material is
involved, the Central Office of Record will also be provided a copy of the
report.
Clarification and guidance for COMSEC requirements may be directed to the NSA
Procedural and Material Control Branch at (000) 000-0000.
Attachment C
September 1996
COLLATERAL (NON-SCI) CONTRACTS
Contractor employees may not carry any classified material on commercial
aircraft unless approved by the Contracting Officer (CO) or his designated
representative.
Classified material released under this contract does not become the property of
the contractor and can be withdrawn by the National Security Agency (NSA) at
anytime. Upon expiration of the contract, all classified materials released to
the contractor and all other materials of any kind incorporating data from such
classified materials will be returned to the NSA for final disposition. A
certificate of destruction in lieu of the material will suffice when the
material has been destroyed, either at the direction or under the supervision of
the CO or his designee.
The contractor will not release classified material to any activity or
individual of the contractor's organization not directly engaged in providing
services under the contract, or to another contractor (including a
subcontractor), government agency, private individual, or organization without
the written consent of the CO. In the event that consent for such release is
requested, the NSA will verify that the proposed recipient is appropriately
cleared and has need-to-know.
Contractor and subcontractor personnel, as well as individuals who are
consultants to the contractor or subcontractor, who have access to certain
specified classified cryptographic information or materials, or to spaces where
such classified cryptographic information or materials are produced, processed
or stored are subject to requirements set forth in NSA/CSS Regulation 90-15. The
Contractor Security Officer shall notify such personnel that they are subject to
this requirement and shall provide the CO written confirmation that this notice
was provided within 90 days of the effective date of this DD254.
Non-US citizens, to include immigrant aliens, are not authorized access to
classified or to unclassified portions of this contract, proposal or study
without the express written approval of NSA, Facilities Security Services (S41).
Contractors will maintain such records as will permit them to furnish on demand
the names of individuals who have or have had access to classified material in
the custody of the contractor.
Reproduction of any material released to the contractor must be approved by the
Contracting Officer's Representative (COR).
The following marking applies to all classified elements of information
generated under this contract:
DERIVED FROM: (Insert source document)
DECLASSIFY ON: (Insert date)
These documents apply to this contract:
Form G9006, "Classification Guidelines"
Director of Central Intelligence Directive 1/7, Security Controls on the
Dissemination of Intelligence Information, effective 15 June 1996
Executive Order 12958, Classified National Security Information, dated October
1995
32 Code of Federal Regulations Part 2001, Implementation of Executive Order
12958, dated October 1995
DoD 5220.22-M, National Industrial Security Program Operating Manual, dated
January 1995
DoD 5220.22-M-Sup 1, National Industrial Security Program Operating Manual
Supplement, dated February 1995
Handling, Control and Accountability Requirements for NSA Sensitive
Compartmented Information Contracts, dated 8 August 1994
NSA/CSS Classification Manual 123-2, dated 3 September 1991
These additional documents and paragraphs will be included on DD254 attachments
for COMSEC collateral efforts:
DoD 5220.22-A, COMSEC Annex to the National Industrial Security Program
Operating Manual, dated June 1995
NSA/CSS Regulation 90-15, Access to Classified Cryptographic Information, dated
16 March 1992
NCSC-6, National Policy Governing the Disclosure or Release of COMSEC to Foreign
Governments or International Organizations, dated 16 January 1981
The contractor/subcontractor shall not divulge to any individual, company,
organization, or other U.S. Government Department or Agency any information,
either classified or unclassified, pertaining to the design or capabilities of
COMSEC or communications protection systems or equipment being developed,
produced, purchased, or provided as Government-furnished equipment under this
and/or previous NSA contracts without the prior approval of the NSA.
Classified and COMSEC waste paper products should be destroyed daily. Classified
and Controlled Cryptographic Item (CCI) hardware production scrap resulting from
this contract shall be disposed of at intervals not to exceed six months.
Any external view or photographs of the end item hardware, provided all covers
are in place, shall be unclassified, but the information shall be marked FOR
OFFICIAL USE ONLY and released based on need-to-know. This information will not
be published in periodicals or trade publications without prior approval of the
CO.
Contractor/subcontractor-generated documents, both classified and unclassified,
shall not be released to the Defense Technical Information Center (DTIC). They
shall bear the statement "Not Releasable to the Defense Technical Information
Center per DoD Directive 3200.12."
All material created from the pattern generation tape, whether intermediate or
end product, shall be afforded the same protection as the pattern generation
tape. The contractor or subcontractor shall ensure that an appropriate
classification marking is affixed to each item in a manner that affords the item
sufficient protection. Reticles, masters and submasters, working plates,
blowbacks, and any other material created from the pattern generation tape or
its derivative shall be marked with the appropriate classification and shall be
controlled within the "in-process" accounting system as required by DoD 5220.22-
A. Depending upon the process used for the fabrication or CCI products, reticles
and other materials produced from the pattern generation tape or its derivatives
shall be marked to reflect either a classification or a CCI designation, as
appropriate. Such material shall also be controlled within the "in-process"
accounting system.
All classified COMSEC documents (drawings, reports, test date, correspondence,
etc.) originated by the contractor or subcontractor shall not be disclosed to
foreign nationals and must be marked "US ONLY." The release of those documents
that need to be shared with foreign governments must be approved by Director,
NSA as specified in NCSC-6. Documents approved for release to a foreign
government shall be marked "REL to US and (insert name of specified country)
ONLY".
In addition to other applicable caveats, contractor or subcontractor-generated
classified COMSEC documents, photographs, reports, etc., shall be marked with
the following caveat: "COMSEC MATERIAL -- Access by Contractor Personnel Is
Restricted to U.S. Citizens Holding Final Government Clearance."
Requirements for contractor handling of classified operational keying material
marked CRYPTO are provided in DoD 5220.22-A.
DEPARTMENT OF DEFENSE CONTRACT SECURITY CLASSIFICATION SPECIFICATION (The
requirements of the DoD industrial Security Manual apply to all security aspects
of this effort)
1. CLEARANCE AND SAFEGUARDING
a. FACILITY CLEARANCE REQUIRED: SECRET
b. LEVEL OF SAFEGUARDING REQUIRED: SECRET
2. USERS SPECIFICATION IS FOR: (x and complete as applicable)
X a. PRIME CONTRACT NUMBER: MDA904-97-C-0424
b. SUBCONTRACT NUMBER
c. SOLITATION OR OTHER NUMBER Due Date (YYMMDD)
3. THIS SPECIFICATION IS: (x and complete as applicable)
X a. ORIGINAL (Complete date in all cases) DATE (YYMMDD): 970623
b. REVISED (Supercedes all previous specs) / Revision No. / DATE (YYMMDD)
c. FINAL (Complete Item 5 in all cases) / DATE
4. IS THIS A FOLLOW-ON CONTRACT? X YES; NO. IF YES, complete the
---
following:
Classified material received or generated under MDA904-95-C-4074
-----------------------------
. (Preceding Contract Number) is transferred to this follow-on contract.
5. IS THIS A FINAL DD FORM 254: ______ YES; X NO. If Yes,
------------
complete the following:
In response to the contractor's request date _____________________, retention
of the identified classified material is authorized for the period of
_______________________.
6. CONTRACTOR (Include Commercial and Government Entity (CAGE) Code)
a. NAME, ADDRESS, AND ZIP CODE
Litronic Industries
0000 Xxxxxxx Xxxxxx
Xxxxx Xxxx, XX 00000-0000
x. XXXX CODE:
4F972
c. COGNIZANT SECURITY OFFICE (Name, Address, and Zip Code)
Defensive Investigative Service
Industrial Secuiryt Field Office, San Diego
00000 X. Xxxxxxxx Xxxxx, Xxxxx 000
Xxx Xxxxx, XX 00000-0000
7. SUBCONTRACTOR
a. NAME, ADDRESS AND ZIP CODE:
x. XXXX CODE:
c. COGNIZANT SECURITY OFFICE (Name, Address, and Zip Code)
8. ACTUAL PERFORMANCE
a. LOCATION:
x. XXXX CODE:
c. COGNIZANT SECURITY OFFICE (Name, Address, and Zip Code)
9. GENERAL IDENTIFICATION OF THIS PROCUREMENT
Multi Level Information System Security Initiative Crypto Card System Analysis,
and Library and Driver Architecture and Development.
10. THIS CONTRACT WILL REQUIRES ACCESS TO: YES NO
a. COMMUNICATIONS SECURITY (COMSEC) INFORMATION: X
b. RESTRICTED DATA X
c. CRITICAL NUCLEAR WEAPON DESIGN INFORMATION X
d. FORMERLY RESTRICTED DATA X
e. INTELLIGENCE INFORMATION:
(1) Sensitive Compartmented Information (SCI) X
(2) Non-SCI X
f. SPECIAL ACCESS INFORMATION X
g. NATO INFORMATION X
h. FOREIGN GOVERNMENT INFORMATION X
i. LIMITED DISSEMINATION INFORMATION X
j. FOR OFFICIAL USE ONLY INFORMATION X
k. OTHER (Specify
11. IN PERFORMING THIS CONTRACT, THE CONTRACTOR WILL: YES NO
a. HAVE ACCESS TO CLASSIFIED INFORMATION ONLY AT
ANOTHER CONTRACTOR'S FACILITY OR A GOVERNMENT
ACTIVITY X
b. RECEIVE CLASSIFIED DOCUMENTS ONLY X
c. RECEIVE AND GENERATE CLASSIFIED MATERIAL X
d. FABRICATE MODIFY, OR STORE CLASSIFIED HARDWARE X
e. PERFORM SERVICES ONLY X
f. HAVE ACCESS TO U.S. CLASSIFIED INFORMATION OUTSIDE THE U.S.,
PUERTO RICO, U.S. POSSESSIONS AND TRUST TERRITORIES X
g. BE AUTHORIZED TO USE THE SERVICES OF DEFENSE
TECHNICAL INFORMATION CENTER (DTIC) OR OTHER
SECONDARY DISTRIBUTION CENTER X
h. REQUIRE A COMSEC ACCOUNT X
i. HAVE TEMPEST REQUIREMENTS X
j. HAVE OPERATIONS SECURITY (OPSEC) REQUIREMENTS X
k. BE AUTHORIZED TO USE THE DEFENSE COURIER
SERVICE X
l. OTHER (Specify)
12. PUBLIC RELEASE. Any information (classified or unclassified) pertaining to
this contract shall not be released for public dissemination except as provided
by the Industrial Security Manual or unless it has been approved for public
release by appropriate U.S. Government authority. Proposed public releases
shall be submitted for approval prior to release.
X DIRECT ____________________ Through (Specify)
-----
Proposed public releases shall be submitted for approval prior to release
direct to the Contracting Officer.
to the Directorate for Freedom of Information and Security Review, Office of
the Assistant Secretary of Defense (Public Affairs)* for review.
* In the case of nonDoD User Agencies, requests for disclosure shall be
submitted to that agency.
13. SECURITY GUIDANCE. The security classification guidance needed for this
classified effort is identified below. If any difficulty is encountered in
applying this guidance or if any other contributing factor indicates a need for
changes in this guidance, the contractor is authorized and encouraged to provide
recommended changes; to challenge the guidance or the classification assigned to
any information or material furnished or generated under this contract; and to
submit any questions for interpretation of this guidance to the official
identified below. Pending final decision, the information involved shall be
handled and protected at the highest level of classification assigned or
recommended. (Fill in appropriate for the classified effort. Attach, or
forward under separate correspondence, any documents/guides/extracts referenced
herein. Add additional pages as needed to provide complete guidance)
Additional security requirements begin on page 3.
Classified AIS Processing Will Be Involved?
X YES ________ NO
-------
Annual Review of This Form Required
______ NO X YES (date) One year ADAD
------ ----------------------------
TYPED NAME, TITLE AND SIGNATURE OF PROGRAM/PROJECT MANAGER/COR OR OTHER
DESIGNATED OFFICIAL
Xxxx Xxxxxxxxx
Program Manager
/S/ XXXX XXXXXXXXX
ACTIVITY NAME ADDRESS, ZIP CODE, TELEPHONE
NUMBER AND OFFICE SYMBOL
Director, National Security Agency
0000 Xxxxxx Xxxx, Xxxx: X00
Fort Xxxxxx X. Xxxxx, MD
20755-6733
(000) 000-0000
ONLY AUTHORIZED NSA CONTRACTING OFFICERS MAY SERVE AS CERTIFYING OFFICIALS FOR
NSA SCI CONTRACTS AND SUBCONTRACTS.
14.ADDITIONAL SECURITY REQUIREMENTS. Requirements, in addition to ISM
requirements, are established for this contract. (If Yes, identify the
pertinent contractual clauses in the contract document itself, or provide an
appropriate statement which identifies the additional requirements. Item 13 if
additional space is needed.) Provide a copy of the requirements to the
cognizant security office. Use YES NO X-------------------
15. INSPECTIONS. Elements of this contract are outside the inspection
responsibility of the cognizant security office. (IF Yes, explain and identify
specific areas or elements carved out and the activity responsible for
inspections. Use item 13 if additional space is needed. YES X NO
16. CERTIFICATION AND SIGNATURE. Security requirements stated herein are
complete and adequate for safeguarding the classified information to be released
or generated under this classified effort. All questions shall be referred to
the official named below.
a. TYPED NAME OF CERTIFYING OFFICIAL
Xxxxx Xxxxxxx
b. TITLE
Contracting Officer
c. TELEPHONE (Include Area Code)
(000) 000-0000
d. ADDRESS (Include Zip Code)
Maryland Procurement Office
0000 Xxxxxx Xxxx
Xxxx Xxxxxx X. Xxxxx, XX 00000-0000
e. SIGNATURE
/S/ XXXXX X. XXXXXXX
17. REQUIRED FOR DISTRIBUTION
X a. Contractor
b. Subcontractor
X c. Cognizant Security Office for Prime and Subcontractor
d. U.S. Activity Responsible for Overseas Security Administration
X e. Administrative Contracting Officer
X x. Others As Necessary S412, DCS
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
1. CONTRACT ID CODE
PAGE OF PAGES
2. AMENDMENT MODIFICATION NO. 01
3. EFFECTIVE DATE: 26 AUG 97
4. REQUISITION PURCHASE REQ. NO.
5. PROJECT NO. (If applicable)
6. ISSUED BY:
U.S. SMALL BUSINESS ADMINISTRATION
ATTN: MED
000 X. XXXXX XXX XXXX., XXX. #000
XXXXX XXX, XX 00000
ATTN: XXX XXXXXXXXXX 000-000-0000
CODE
7. ADMINISTERED BY (If other than Item 6)
CODE
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)
LITRONIC INDUSTRIES
ATTN: XXXXX XXXXXXXX
00000 XXXXXX XXXXX XXXXX
XXXXXXX, XX 00000
(X)
9A. AMENDMENT OF SOLICITATION NO.
9B. DATED (See Item 11)
10A. MODIFICATION OF CONTRACT/ORDER NO.: SB0920-96-602356
CODE FACILITY CODE
X10B. DATED (See Item 13): 27 JUN 97
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
| | The above numbered solicitations is amended as set forth in Item 14. The
hour and date specified for receipt of Offers | | is extended, | | is not
extended.
Xxxxx's must acknowledge receipt of this amendment prior to the hour and date
specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning __________ copies of the
amendment; (b) By acknowledging receipt of this amendment on each copy of the
offer submitted; or (c) by separate letter or telegram which includes a
reference to the solicitation and amendment numbers. FAILURE OF YOUR
ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If
by virtue of this amendment you design to change an offer already submitted,
such change may be made by telegram or letter, provided each telegram or letter
makes reference to the solicitation and this amendment, and is received prior to
the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required) N/A
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACT/ORDERS, IT MODIFIES THE
CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
(X)
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES
SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.
(X) B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE
ADMINISTRATIVE CHANGES (such as changes in paying office, appropriate date,
etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b)
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor |X| is not, |__| is required to sign this
document and return ________ copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings,
including solicitation/contract subject matter where feasible).
1. Reference contract MDA904-97-C-0424, with NSA.
2. Effective immediate, the subcontract #SB0920-96-602356 is changed to the
new number SBO920-97-706672.
3. The SBA office which issues/administrates the subcontract is as in block
6 above.
Except as provided herein all terms and conditions of the document referenced in
Item 9A or 10A, as heretofore changed, remains unchanged and in full force and
effect.
15A NAME AND TITLE OF SIGNER (type or print)
15B CONTRACTING OFFICER
(Signature of personal authorized to sign this form)
15C. DATE SIGNED
16A. NAME AND TITLE OF CONTRACTING OFFICER (type or print)
Xxxxxx Xxxxxxxxxx
Contracting Officer
16B UNITED STATES OF AMERICA
BY /S/ XXXXXX XXXXXXXXXX
---------------------
(Signature of Contracting Officer)
16C. DATE SIGNED 26 Aug 97
MDA904-97-C-0424
P00007
Page 3 of 11
0002 Award Fee Pool, to be For the Period $10,709.00
determined in accordance
with the Award Fee
Determination Plan for Multi
Level Information System
Security Initiative Crypto
Card System Analysis and
Library and Driver
NOTE: The above stated amounts reflect the following revisions:
FROM BY TO
$ 33,297.00 ($22,588.00) $ 10.709.00
0003 Travel For the Job Not-to-Exceed $ 2,600.00
(Inclusive of Burdens)
NOTE: The above stated amounts reflect the following revisions:
FROM BY TO
$ 24,850.00 ($22,250.00) $ 2,600.00
0004 OTHER DIRECT COSTS For the Job Not-to-Exceed $ 84,600.00
(Inclusive of Burdens)
NOTE: The above stated amounts reflect the following revisions:
FROM BY TO
0.00 $ 84,600.00 $ 84,600.00
0005 Data, in accordance with the For the Lot Not-Separately-Priced
Contract Data Requirements
List (CDRL), DD Form
1423, dated 13 February 1997
FROM BY TO
TOTAL NOT-TO-EXCEED $391,112.00 (186,112.00) $205,000.00
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
1. CONTRACT ID CODE
PAGE 1 OF 11 PAGES
2. AMENDMENT MODIFICATION NO. P00007
3. EFFECTIVE DATE: 28 MAY 1998
4. REQUISITION PURCHASE REQ. NO. 16-97-2093 A/4
5. PROJECT NO. (If applicable)
6. ISSUED BY:
Maryland Procurement Office
0000 Xxxxxx Xxxx
Xx. Xxxxx, Md 20755-6000
Attn: N141 (X. Xxxx Xxxxxx) (000) 000-0000
CODE H98230
7. ADMINISTERED BY (If other than Item 6)
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)
LITRONIC, INC.
ATTN: Xxxxx Xxxxxxxx (703-950-9700)
00000 Xxxxxx Xxxxx Xxxxx
Xxxxxxx, XX 00000
(X)
9A. AMENDMENT OF SOLICITATION NO.
9B. DATED (See Item 11)
10A. MODIFICATION OF CONTRACT/ORDER NO.: MDA###-##-####
CODE FACILITY CODE
X10B. DATED (See Item 13): 27 June 1997
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
| | The above numbered solicitations is amended as set forth in Item 14. The
hour and date specified for receipt of Offers | | is extended, | | is not
extended.
Xxxxx's must acknowledge receipt of this amendment prior to the hour and date
specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning __________ copies of the
amendment; (b) By acknowledging receipt of this amendment on each copy of the
offer submitted; or (c) by separate letter or telegram which includes a
reference to the solicitation and amendment numbers. FAILURE OF YOUR
ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If
by virtue of this amendment you design to change an offer already submitted,
such change may be made by telegram or letter, provided each telegram or letter
makes reference to the solicitation and this amendment, and is received prior to
the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required) Obligate $205,000.000
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACT/ORDERS, IT MODIFIES THE
CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
(X)
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES
SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE
ADMINISTRATIVE CHANGES (such as changes in paying office, appropriate date,
etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b)
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
(X) D. OTHER (Specify type of modification and authority)
FAR 43.103 (a) Bilateral Modification.
E. IMPORTANT: Contractor | | is not, |X| is required to sign this
document and return 3 copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings,
including solicitation/contract subject matter where feasible).
1. Part I-Revise section H.13 paragraph (b) OPTION 3;
2. Part II-Exercise the revised OPTION 3 in the FPAF amount of $205,000.00,
which is hereby added to Section B.2; and
3. Part II-Incorporate government furnished property.
Except as provided herein all terms and conditions of the document referenced in
Item 9A or 10A, as heretofore changed, remains unchanged and in full force and
effect.
15A NAME AND TITLE OF SIGNER (type or print)
Xxxxx X. Xxxxxxxx
Director, Business Development
15B CONTRACTING OFFICER
BY /S/ XXXXX X. XXXXXXXX
---------------------
(Signature of personal authorized to sign this form)
15C. DATE SIGNED 5/27/98
16A. NAME AND TITLE OF CONTRACTING OFFICER (type or print)
XXXXXXXX X. XXXXXX
Contracting Officer
16B UNITED STATES OF AMERICA
BY Xxxxxxxx X. Xxxxxx
(Signature of Contracting Officer)
16C. DATE SIGNED 5/28/98
MDA904-97-C-0424
P00008
Page 2 of 4
SECTION B - SUPPLIES/SERVICES AND PRICES
B.2 SUPPLIES/SERVICES (Fiscal Year 1998 - 1 October 1997 - 30 September 1998)
is restated as follows:
UNIT
CLIN ITEM DESCRIPTION UNIT QTY PRICE TOTAL
0001 The Contractor shall furnish the HRS 9,004 XXX $845,591.00
necessary materials, facilities,
equipment, supplies and services
and services of skilled professional,
technical and support personnel to
fulfill the requirements set forth in
the Statement of Work for "Multi
Level Information System Security
Initiative Crypto Card System
Analysis and Library and Driver
Architecture and Development,"
dated 10 January 1997.
0001AA Program Manager X XXX $118.06 XXXX
0001AB Sr. Electrical Eng. X XXX $ 75.41 XXXX
0001AC Electronic Technician X XXX $ 69.32 XXXX
0001AD Systems Analyst X XXX $ 75.38 XXXX
0001AE Sr. Software Engineer X XXX $ 98.38 XXXX
0001AF Software Engineer X XXX$ $ 62.60 XXXX
Total Amount CLIN 0001 Not-To-Exceed $84,559.00
0002 Award Fee Pool, to be determined For the Period $84,559.00
in accordance with the Award
Fee Determination Plan for
Multi Level Information System
Security Initiative Crypto Card
System Analysis and Library and Driver
Architecture and Development , dated 10 June
1997 (Rev. 2). There shall be one
evaluation for the period of 1
October 1997 - 30 September
` 1998. The contractor is
authorized to bill for up to 50% of
the available award fee ($42,279.50), on a
monthly basis in equal amounts.
ACR: AB
MDA904-97-C-0424
P00008
Page 3 of 4
CLIN ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL
0003 Travel For the Job Not-to-Exceed $ 27,750.00
(Inclusive of Burdens)
ACR: AB
0004 Other Direct Costs For the Job Not-to-Exceed From: $ 97,100.00
(Inclusive of Burdens) By: $ 184,000.00
ACR: AB To: $ 281,100.00
0005 Data, in accordance with For the Lot Not-Separately-Priced
the Contract Data
Requirements List
(CDRL), DD Form 1423,
dated 13 February 1997
ACR: AB
TOTAL NOT-TO-EXCEED From: $1,055,000.00
By: $ 184,000.00
To: $ 1,239,000.00
SECTION G - CONTRACT ADMINISTRATION DATA
G1 ACCOUNTING AND APPROPRIATION DATA is revised to include the following:
ACR: AB Obligate
978/90400.4500 584E5l 999-2520 S18119 04700400 IX 0000 X22 I25D
Previously Obligated for section B.2 CLINs 0001, 0003 and 0004 $ 970,441.00
Obligate this action for section B.2 CLIN 004 $ 184,000.00
Total Obligated for section B.2 CLINs 0001, 0003 and 0004 $1,154,441.00
Total Previously Obligated for Provisional Award Fee Payments $ 42,279.50
Total Previously Obligated for Future Award Fee Payments $ 42,279.50
Total Amount Previously Obligated (PR: I6-97-2093-0003) $ 850,000.00
Total Amount Previously Obligated (PR: I6-97-2093-0004) $ 205,000.00
Total Amount Obligated This Action (PR: I6-97-2093-0005) $ 184,000.00
Total Amount Obligated ACR: AB $1,239,000.00
MDA904-97-C-0424
P00008
Page 4 of 4
C. As a result of the foregoing, the total contract price is restated as
follows:
Section B.1 FROM BY TO
Cost of CLINs 0001, 0003 and 0004 $ 446,874.00 $ 0.00 $ 446,874.00
Award Fee Pool $ 0.00 $ 0.00 $ 0.00
Earned Award Fee $ 36,433.00 $ 0.00 $ 36,433.00
Total FPAF Amount $ 483,307.00 $ 0.00 $ 483,307.00
Section B.2 FROM BY TO
Cost of CLINs 0001, 0003 and 0004 $ 970,441.00 $184,000.00 $1,154,441.00
Award Fee Pool $ 84,559.00 $ 0.00 $ 84,559.00
Earned Award Fee $ 0.00 $ 0.00 $ 0.00
Total FPAF Amount $1,055,000.00 $184,000.00 $1,239,000.00
FROM BY TO
Total Contract Price $1,538,307.00 $184,000.00 $1,722,307.00
D. Except as provided herein, all terms and conditions of this contract, as
previously modified, remain unchanged and in full force and effect.
LITRONIC INDUSTRIES
PURCHASE ORDER WORKSHEET
PO NUMBER: MDA904-97-C-0424, P00007 Customer Number:
Date: May 28, 1998 Customer: NSA
Maryland Procurement Office
Address: 0000 Xxxxxx Xxxx
XXXX XXX
Xxxx Xxxxxx X. Xxxxx, XX 00000-6000
Buyer: X. Xxxxxx
REMARKS SECTION
1. ADDITIONAL FUNDING FOR FY98. TOTAL CONTRACT AMOUNT IS $1,055,000.00
2. PROVIDE COPY TO XXX XXXX.
Item Part Number Quantity Unit Price Due Date Total
0001 See Page 4 of Contract for 205,000.00 N/A $205,000.0-0
Appropriate Labor Categories
Total Price: $ 205,000.00
Taxable: NO
Initiated by: Xxxxxxxx
Rep: Xxxxxxxx
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
1. CONTRACT ID CODE
PAGE 1 OF 3 PAGES
2. AMENDMENT MODIFICATION NO. P00006
3. EFFECTIVE DATE: 07 NOV 1997
4. REQUISITION PURCHASE REQ. NO. N/A
5. PROJECT NO. (If applicable)
6. ISSUED BY:
Maryland Procurement Office
0000 Xxxxxx Xxxx
Xx. Xxxxx, Md 20755-6000
Attn: N141 (X. Xxxx Xxxxxx) (000) 000-0000
CODE H98230
7. ADMINISTERED BY (If other than Item 6)
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)
LITRONIC, INC.
ATTN: XXXXX XXXXXXXX (703-729-1700)
00000 XXXXXX XXXXX XXXXX
XXXXXXX, XX 00000
(X)
9A. AMENDMENT OF SOLICITATION NO.
9B. DATED (See Item 11)
10A. MODIFICATION OF CONTRACT/ORDER NO.: MDA904-97-C-0424
CODE FACILITY CODE
X10B. DATED (See Item 13): 27 June 1997
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
| | The above numbered solicitations is amended as set forth in Item 14. The
hour and date specified for receipt of Offers | | is extended, | | is not
extended.
Xxxxx's must acknowledge receipt of this amendment prior to the hour and date
specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning __________ copies of the
amendment; (b) By acknowledging receipt of this amendment on each copy of the
offer submitted; or (c) by separate letter or telegram which includes a
reference to the solicitation and amendment numbers. FAILURE OF YOUR
ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If
by virtue of this amendment you design to change an offer already submitted,
such change may be made by telegram or letter, provided each telegram or letter
makes reference to the solicitation and this amendment, and is received prior to
the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required) N/A
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACT/ORDERS, IT MODIFIES THE
CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
(X)
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES
SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE
ADMINISTRATIVE CHANGES (such as changes in paying office, appropriate date,
etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b)
(X) C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
43.103(a) Bilateral Modification.
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor | | is not, |X| is required to sign this
document and return 3 copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings,
including solicitation/contract subject matter where feasible).
1. The purpose of this modification is to decrease the Not-to-Exceed amounts
for CLIN 0003, Travel and CLIN 0004, Other Direct Costs, and increase the number
of labor hours for CLIN 0001 in Section B.1 of this contract.
2. Accordingly, this contract is hereby modified as follows.
(Continued on following page)
Except as provided herein all terms and conditions of the document referenced in
Item 9A or 10A, as heretofore changed, remains unchanged and in full force and
effect.
15A NAME AND TITLE OF SIGNER (type or print)
Xxxxx X. Xxxxxxxx
Director, Business Development
15B CONTRACTING OFFICER
BY /S/ XXXXX X. XXXXXXXX
---------------------
(Signature of personal authorized to sign this form)
15C. DATE SIGNED 07 NOV 1997
16A. NAME AND TITLE OF CONTRACTING OFFICER (type or print)
XXXXXXXX X. XXXXXX
Contracting Officer
16B UNITED STATES OF AMERICA
BY /S/ Xxxxxxxx X. Xxxxxx
----------------------
(Signature of Contracting Officer)
16C. DATE SIGNED 11/7/97
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
1. CONTRACT ID CODE
PAGE 1 OF 4 PAGES
2. AMENDMENT MODIFICATION NO. P00008
3. EFFECTIVE DATE: 07 JUN 1998
4. REQUISITION PURCHASE REQ. NO. 00-00-0000-0000
5. PROJECT NO. (If applicable)
6. ISSUED BY:
Maryland Procurement Office
0000 Xxxxxx Xxxx
Xx. Xxxxx, Md 20755-6000
Attn: N141 (X. Xxxx Xxxxxx) (000) 000-0000
CODE H98230
7. ADMINISTERED BY (If other than Item 6)
CODE
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)
DUNS: 050761998
Litronic, Inc.
ATTN: Xxxxx Xxxxxxxx (703-905-9700)
0000 Xxxxxxx Xxxxxx
Xxxxx Xxxx, XX 00000
(X)
9A. AMENDMENT OF SOLICITATION NO.
9B. DATED (See Item 11)
10A. MODIFICATION OF CONTRACT/ORDER NO.: MDA904-97-C-0424
CODE FACILITY CODE
X10B. DATED (See Item 13): 27 June 1997
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
| | The above numbered solicitations is amended as set forth in Item 14. The
hour and date specified for receipt of Offers | | is extended, | | is not
extended.
Xxxxx's must acknowledge receipt of this amendment prior to the hour and date
specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning __________ copies of the
amendment; (b) By acknowledging receipt of this amendment on each copy of the
offer submitted; or (c) by separate letter or telegram which includes a
reference to the solicitation and amendment numbers. FAILURE OF YOUR
ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS
PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If
by virtue of this amendment you design to change an offer already submitted,
such change may be made by telegram or letter, provided each telegram or letter
makes reference to the solicitation and this amendment, and is received prior to
the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required) SEE SECTION G.1
Obligate: $184,000.00
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACT/ORDERS, IT MODIFIES THE
CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
(X)
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES
SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE
ADMINISTRATIVE CHANGES (such as changes in paying office, appropriate date,
etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b)
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
(X) D. OTHER (Specify type of modification and authority)
FAR 43.103 (a) Bilateral Modification.
E. IMPORTANT: Contractor | | is not, |X| is required to sign this
document and return 3 copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings,
including solicitation/contract subject matter where feasible).
A. The purpose of this modification is to increase CLIN 0004, Other Direct
Costs/Materials, in Section B.2.
B. Accordingly, this contract is hereby modified as follows. (Continued on
following page)
Except as provided herein all terms and conditions of the document referenced in
Item 9A or 10A, as heretofore changed, remains unchanged and in full force and
effect.
15A NAME AND TITLE OF SIGNER (type or print)
Xxxxx X. Xxxxxxxx
Director, Business Development
15B CONTRACTING OFFICER
BY /S/ XXXXX X. XXXXXXXX
---------------------
(Signature of personal authorized to sign this form)
15C. DATE SIGNED 03 Oct. 1997
16A. NAME AND TITLE OF CONTRACTING OFFICER (type or print)
XXXXXXXX X. XXXXXX
Contracting Officer
16B UNITED STATES OF AMERICA
BY /S/ Xxxxxxxx X. Xxxxxx
----------------------
(Signature of Contracting Officer)
16C. DATE SIGNED 6/8/98
MDA904-97-C-0424
P00008
Page 2 of 11
PART 1 - Reduce the Level Of Effort under H.13 paragraph (b) OPTION 3
OPTION 3 - FISCAL YEAR 1998 (1 OCTOBER 1997- 30 SEPTEMBER 1998) is hereby
restated as follows:
CLIN ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL
0001 The contractor shall furnish the HRS 1,140 XXX $107,091.00
necessary materials, facilities,
equipment, supplies and services
and services of skilled professional,
technical and support personnel to
fulfill the requirements set forth in
the Statement of Work for Multi
Level Information System Security
Initiative Crypto Card System Analysis
and Library and Driver Architecture
and Development, dated 10 January
1997.
NOTE: The above stated amounts reflect the following revisions:
FROM BY TO
Quantity in hours 3,536 (2,396) 1,140
Total Price $332,965.00 ($225,874.00) $107,091.00
0001AA Program Manager X XXX $ 118.06 XXXX
0001AB Sr. Electrical Engineer X XXX $ 75.41 XXXX
0001AC Electronic Technician X XXX $ 69.32 XXXX
0001AD Systems Analyst X XXX $ 75.38 XXXX
0001AE Sr. Software Engineer X XXX $ 98.38 XXXX
0001AF Software Engineer X XXX $ 62.60 XXXX
Total Amount CLIN 0001 Not-To-Exceed $107,091.00
MDA904-97-C-0424
P00007
Page 4 of 11
PART II - Exercise the option under H.13 paragraph (b) OPTION 3
SECTION B - SUPPLIES/SERVICES AND PRICES
B.2 SUPPLIES/SERVICES (Fiscal Year 1998 - 1 October 1997 - 30 September 1998) Option 3 is hereby added to
section as follows: this
UNIT
CLIN ITEM DESCRIPTION UNIT QTY PRICE TOTAL
0001 The contractor shall furnish the HRS From: 7,864 XXX From: $738,500.00
necessary
materials,
facilities, By: 1,140 By: $107,091.00
equipment,
supplies and
services To: 9,004 To: $845,591.00
of skilled professional, technical
and support personnel to fulfill
the requirements set forth in
the Statement of Work for Multi
Level Information System Security
Initiative Crypto Card System
Analysis and Library and Driver
Architecture and Development,
dated 10 January 1997.
0001AA Program Manager X XXX $118.06 XXXX
0001AB Sr. Electrical Engineer X XXX $ 75.41 XXXX
0001AC Electronic Technician X XXX $ 69.32 XXXX
0001AD Systems Analyst X XXX $ 75.38 XXXX
0001AE Sr. Software Engineer X XXX $ 98.38 XXXX
0001AF Software Engineer X XXX $ 62.60 XXXX
Total Amount CLIN 0001 Not-To-Exceed $845,591.00
ACR: AB
0002 Award Fee Pool, to be determined For the Period From: $ 73,850.00
in accordance with the Award Fee By: $10,709.00
Determination Plan for Multi To: $84,559.00
Level Information System
Security Initiative Crypto Card
System Analysis and Library and
Driver Architecture and
Development, dated 10 June
1997 (Rev. 2). There shall be one
evaluation for the period of 1
October 1997-30 September
1998. The contractor is authorized
to bill for up to 50% of the
available award fee ($42,279.50),
on a monthly basis in equal
amounts.
ACR: AB
MDA904-97-C-0424
P00007
Page 5 of 11
UNIT
---- ----------------------------------- ----------- --- --------------------- -----------------
CLIN UNIT QTY PRICE TOTAL
---- ITEM DESCRIPTION ----------- --- --------------------- -----------------
-----------------------------------
-----------------------------------------------------------------------------------------------------
0003 Travel For the Job Not-To-Exeed From: $25,150.00
(Inclusive of Burdens) By: $2,600.00
ACR: AB To: $27,750.00
-----------------------------------------------------------------------------------------------------
0004 Other direct Costs For the Job Not-To-Exeed From: $12,500.00
(Inclusive of Burdens) By: $84,600.00
ACR: AB To: $97,100.00
-----------------------------------------------------------------------------------------------------
0005 Data, in accordance with the Con- For the Lot Not-Separately-Priced
tract Data Requirements List
(CDRL), DD Form 1423, dated
13 February 1997
ACR: AB
TOTAL NOT-TO-EXCEED From: $850,000.00
By: $205,000.00
To: $1,055,000.00
SECTION G - CONTRACT ADMINISTRATION DATA
G.1 ACCOUNTING AND APPROPRIATION DATA is revised to include the following:
ACR: AB
978/90400.4500 584E51 999-2520 S18119 04700400 IX 0000 X22 I125D
Previously obligated for section B.2 CLINs 0001, 0003 and 0004$776,150.00
Obligate this action for section B.2 CLINs 0001,0003 and 0004 $ 194,291.00
Total Obligated for section B.2 CLINs 0001, 0003 and 0004 $ 970,441.00
Previously Obligated for Provisional Award Fee Payments $ 36,925.00
Obligate this action for Provisional Award Fee Payments $ 5,354.50
Total Obligated for Provisional Award Fee Payments $ 42,279.50
Previously Obligated for Provisional Award Fee Payments $ 36,925.00
Obligate this action for Future Award Fee Payments $ 5,354.50
Total Obligated for Future Award Fee Payments $ 42,279.50
Total Amount Previously Obligated (PR: I6-97-2093-0003) $ 850,000.00
Total Amount Obligated This Action (PR: I6-97-2093-0004) $ 205,000.00
Total Amount Obligated ACR: AB $1,055,000.00
G.2 352.216-9007 NOTICE: AWARD FEE FUNDING (JUL 1993) is restated as follows
Funds in the amount of $42,279.50 have been obligated under this contract
towards future award fee determinations but are not available for the Contractor
to bill against or incur costs against. Obligated award fee funds identified
above will be
released to the Contractor via subsequent modifications after the Government has
rendered an award fee determination in accordance with the Award Fee Plan
currently in force under this contract. Upon receipt of the aforementioned
modifications, the Contractor is authorized to bill for the earned fee.
G.13 NOTICE - CONTRACT ADMINISTRATION FUNCTION (OCT 1993) is added:
(a) The Procuring Contracting Officer (PCO) will retain all administrative
functions under this contract except for those assigned to the cognizant
Defense Contract Management Command (DCMC) component, in accordance with
Part 42 of the FAR, Part 242 of the DoD FAR Supplement and the PCO's letter
dated 27 May 1998.
(b) The Contractor's 5-position CAGE Code is 4F972.
(c) The following administration functions are hereby delegated to the
cognizant DCMC component (see FAR/DFARS references below):
(1) 42.302(a)(1). Review the Contractor's compensation structure.
(2) 42.302(a)(2). Review the Contractor's insurance plans.
(3) 42.302(a)(5). Negotiate forward pricing rate agreements (see FAR 15.809).
(4) 42.302(a)(9). Establish final indirect cost rates and billing rates for
those contractors meeting the criteria for contracting officer
determination in FAR Subpart 42.7.
(5) 42.302(a)(11). In connection with Cost Accounting Standards (see FAR Part
30)
(i) Determine the accuracy of the Contractor's disclosure statements;
(ii) Determine whether disclosure statements are in compliance with Cost
Accounting Standards and FAR Part 31;
(iii) Determine the Contractor's compliance with Cost Accounting Standards and
disclosure statements, if applicable; and
(iv) Negotiate price adjustments and execute supplemental agreements under the
Cost Accounting Standards clause at FAR 52.230-3, 52.230-4, and 52.230-5.
Note: the ACO will negotiate the amount of the adjustment, but the MPO CO
will issue the modification to the contract.
(6) 42.302(a)(16). Monitor the Contractor's financial condition and advise the
contracting officer when it jeopardizes contract performance.
(7) 42.302(a)(19). Ensure processing and execution of duty-free certificates.
(8) 42.302(a)(25). Process and execute novation and change of name agreements
under FAR Subpart 42.12.
(9) 42.302(a)(26). Perform property administration and and plant clearance
(see FAR Part 45).
(10) 42.302(a)(33). Advise and assist contractors regarding their priorities
and allocations responsibilities and assist contracting offices in
processing for special assistance and for priority ratings for privately
owned capital equipment.
(11) 42.302(a)(34). Monitor Contractor industrial relations matters under the
contract; apprise the contracting officer of actual or potential labor
disputes; and coordinate the removal of urgently required material from the
strikebound contractor's plant upon instruction from, and authorization of,
the contracting officer.
(12) 42.302(a)(36). Review the adequacy of the Contractor's traffic operations.
(13) 42.302(a)(37). Review and evaluate preservation, packaging, and packing.
(14) 42.302(a)(42). Review and evaluate for technical adequacy the Contractor's
logistics support, maintenance, and modification programs.
(15) 42.302(a)(48). Evaluate and monitor the Contractor's procedures for
complying with procedures regarding restrictive markings on data.
(16) 42.302(a)(49). Monitor the Contractor's value engineering program.
(17) 42.302(a)(50). Review, approve or disapprove, and maintain surveillance of
the Contractor's purchasing system (see FAR Part 44).
(18) 42.302(a)(52). Review, evaluate, and approve plant or division-wide small
and small disadvantaged business master subcontracting plans.
(19) 42.302(a)(53). Obtain the Contractor's currently approved company or
division-wide plans for small business and small disadvantaged business
subcontracting for its commercial products, or, if there is no currently
approved plan, assist the contracting officer in evaluating the plans for
those products.
(20) 42.302(a)(54). Assist the contracting officer, upon request, in evaluating
an offeror's proposed small business and small disadvantaged business
subcontracting plans, including documentation of compliance with similar
plans under prior contracts.
(21) 42.302(a)(55). By periodic surveillance, ensure the Contractor's
compliance with small business and small disadvantaged business
subcontracting plans and any labor surplus area contractual requirements;
maintain documentation of the Contractor's performance under and compliance
with these plans and requirements; and provide advice and assistance to the
firms involved, as appropriate.
(22) 42.302(a)(58). Ensure timely submission of required reports.
(23) 42.302(a)(66). Determine that the Contractor has a drug-free workplace
program and drug-free awareness program (see FAR Subpart 23.5).
(24) 242.302(a)(4). Also, review and evaluate:
(A) Contractor estimating system (see FAR 15.811); and
(B) Contractor material management and accounting system under DFARS Subpart
242.72.
(25) 242.302(a)(8). Monitor the Contractor's costs under DFARS Subpart 242.70.
(26) 242.302(a)(9). For additional contract administration functions related to
IR&D/B&P projects performed by major contractors, see 242.771-3(a).
(c) The following contract administration functions (marked (X) when
applicable) are hereby delegated to the cognizant DCMC component (see
FAR/DFARS references below):
( ) (1) 42.302(a)(3). Conduct post-award orientation conferences.
( ) (2) 42.302(a)(4). Review and evaluate contractor's proposals under FAR
Subpart 25.8 and, when negotiation will be accomplished by the contracting
officer, furnish comments and recommendations to that officer.
( ) (3) 42.302(a)(6). Negotiate advance agreements applicable to treatment of
costs under contracts currently assigned for administration (see FAR Subpart
31.109).
( ) (4) 42.302(a)(12). Review and approve or disapprove the Contractor's
requests for payments under the progress payments clause.
( ) (5) 42.302(a)(13). Make payments on assigned contracts when prescribed in
agency acquisition regulations (see FAR Subpart 42.205).
( ) (6) 42.302(a)(15). Ensure timely notification by the Contractor of any
anticipated overrun or underrun of the estimated cost under cost-reimbursement
contracts.
( ) (7) 42.302(a)(17). Analyze quarterly limitation on payments statements
and recover overpayments from the Contractor. Note: use with 42.302(a)(12)
above.
( ) (8) 42.302(a)(20). For classified contracts, administer those portions of
the applicable industrial security program designated as ACO responsibilities
(see FAR Subpart 4.4).
( ) (9) 42.302(a)(28). Perform necessary screening, redistribution, and
disposal of contractor inventory.
( ) (10) 42.302(a)(29). Issue contract modifications requiring the Contractor
to provide packing, crating, and handling services on excess Government
property. When the ACO determines it to be in the Government's interests, the
services may be secured from a contractor other than the contractor in
possession of the property.
( ) (11) 42.302(a)(31). Perform production support, surveillance, and status
reporting, including timely reporting of potential and actual slippages in
contract delivery schedules.
( ) (12) 42.302(a)(32). Perform pre-award surveys (see FAR Subpart 9.1).
( ) (13) 42.302(a)(38). Ensure Contractor compliance with contractual quality
assurance requirements (see FAR Part 46).
( ) (14) 42.302(a)(39). Ensure Contractor compliance with contractual safety
requirements. Note: see DFARS 223.370 for safety requirements on contracts for
ammunition and explosives.
( ) (15) 42.302(a)(40). Perform engineering surveillance to assess compliance
with contractual terms for schedule, cost, and technical performance in the
areas of design, development, and production.
( ) (16) 42.302(a)(41). Evaluate for adequacy and perform surveillance of
Contractor efforts and management systems that relate to design, development,
production, engineering changes, subcontractors, tests, management of
engineering resources, reliability and maintainability, data control systems,
configuration management, and independent research and development.
( ) (17) 42.302(a)(43). Report to the contracting office any inadequacies
noted in specifications.
( ) (18) 42.302(a)(44). Perform engineering analyses of Contractor cost
proposals.
( ) (19) 42.302(a)(45). Review and analyze Contractor proposed engineering
and design studies and submit comments and recommendations to the contracting
office, as required.
( ) (20) 42.302(a)(46). Review engineering change proposals for proper
classification and, when required, for need, technical adequacy of design,
productibility, and impact on quality, reliability, schedule, and cost; submit
comments to the contracting office.
( ) (21) 42.302(a)(47). Assist in evaluating and make recommendations for
acceptance or rejection of waivers and deviations.
( ) (22) 42.302(a)(51). Consent to the placement of subcontracts.
( ) (23) 42.302(a)(57). Assign and perform supporting contract
administration.
( ) (24) 42.302(a)(59). Issue administrative changes, correcting errors or
omissions in typing, Contractor address, facility or activity code, remittance
address, computations which do not require additional contract funds, and other
such changes (see FAR Subpart 43.101).
( ) (25) 42.302(a)(60). Cause release of shipments from Contractor's plants
according to the shipping instructions. When applicable, the order of assigned
priority shall be followed; shipments within the same priority shall be
determined by date of the instructions.
( ) (26) 42.302(a)(61). Obtain Contractor proposals for any contract price
adjustments resulting from amended shipping instructions. ACOs shall review all
amended shipping instructions on a periodic, consolidated basis to assure that
adjustments are timely made. Except when the ACO has settlement authority, the
ACO shall forward the proposal to the contracting officer for contract
modification. The ACO shall not delay shipments pending completion and
formalization of negotiations of revised shipping instructions.
( ) (27) 42.302(a)(65). Accomplish administrative closeout procedures (see
FAR Subpart 4.804-5).
( ) (28) 242.302(a)(19). Also negotiate and issue contract modifications
reducing contract prices in connection with the provisions of paragraph (b) of
the clause at FAR 52.225-10, Duty-Free Entry, and paragraph (c) of the clause at
252.225-7009, Duty-Free Entry--Qualifying Country End Products and Supplies.
( ) (29) 242.302(a)(33). Also perform industrial readiness and mobilization
productions planning field surveys and negotiate schedules.
( ) (30) 242.302(a)(41). In contract, with cost schedule control systems
requirements (see DFARS Subpart 234.005-70;
(A) Perform postaward surveillance of Contractor progress in demonstrating that
its cost schedule control systems meet the cost schedule control systems
criteria;
(B) Provide assistance in the review and acceptance of the Contractor's cost
schedule control systems; and
(C) After acceptance of the systems, perform surveillance to monitor their
continuing acceptable operation.
H.17 352.245-9001 GOVERNMENT FURNISHED PROPERTY (APR 1989) is added:
(a) The Government shall deliver to the Contractor, F.O.B. carrier's equipment,
wharf, or freight station Ashburn, VA, where the work will be performed, the
following property to be used for this requirement:
Description Qty. Value To be delivered to Contractor
GTC FORTEZZA Crypto Card 2 $140.00 In Place
(b) The Contractor shall inspect the property within thirty (30) days of its
receipt. Damaged or defective property will be promptly reported to the
Contracting Officer after having a confirming inspection thereof made by the
Government Representative. The Contractor will also request a confirming
inspection by the carrier's representative where he considers the damage to be
attributable in some degree to the carrier.
(c) A representative of the Contracting Officer may be present to inspect the
condition of the property prior to packaging thereof for return to the
Government. The Contractor will notify the designated property administrator
prior to the packaging of the property for return so that personnel may be
assigned for these examinations.
(d) In fulfillment of the requirements of the contract clause entitled
"Government Property," reporting of Government Property inventory shall be
submitted in accordance with FAR 45.508.
(e) Under no circumstances shall government property be accepted by the
contractor without a contracting officer's signature on the shipping document.
(f) All inquiries with regard to the above property should be directed to the
designated property administrator.
H.18. DESIGNATION OF PROPERTY ADMINISTRATOR - RECORDS OF GOVERNMENT PROPERTY
(OCT 1993) is added:
(a) The cognizant Defense Contract Management Command (DCMC) component is
designated to administer the maintenance by the Contractor of the official
Government Property Records for all Government property.
(b) The Contractor will sign one (1) copy of the shipping or inspection document
acknowledging receipt of property and forward same to the designated property
administrator.
(End of clause)
SECTION I - CONTRACT CLAUSES
1.1 REFERENCED CLAUSES. The following contract clause(s) pertinent to this
section are hereby incorporated by reference:
CLAUSE NO TITLE
FAR CLAUSES
52.245-4 Government-Furnished Property (Short Form) (APR 1984)
C. As a result of the foregoing, the total contract price is restated as
follows.
Section B.1 FROM BY TO
Cost of CLINs 0001, 0003 and 0004 $ 446,874.00 $ 0.00 $ 446,874.00
Award Fee Pool $ 0.00 $ 0.00 $ 0.00
Earned Award Fee $ 36,433.00 $ 0.00 $ 36,433.00
Total PFAF Amount $ 483,307.00 $ 0.00 $ 483,307.00
Section B.2 FROM BY TO
Cost of CLINs 0001, 0003 and 0004 $ 776,150.00 $194,291.00 $ 970,441.00
Award Fee Pool $ 73,850.00 $ 10,709.00 $ 84,559.00
Earned Award Fee $ 0.00 $ 0.00 $ 0.00
Total PFAF Amount $ 850,000.00 $205,000.00 $1,055,000.00
FROM BY TO
Total Contract Price $1,333,307.00 $205,000.00 $1,538,307.00
D. Except as provided herein, all terms and conditions of this contract, as
previously modified, remain unchanged and in full force and effect.
